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Supplemental Nutrition Assistance Program (SNAP, "food stamps") in New York: what you may be able to apply for

๐Ÿ”Ž Will this affect your green card?

SNAP does NOT count in the public charge test โ€” the current rule lists "Supplemental Nutrition Assistance Program (SNAP) or other nutrition programs" as the very first item on the "Public Benefits Not Considered" list, so receiving it does not affect your green card or immigration application. The current rule considers only two things: (a) public cash assistance for income maintenance (SSI, TANF cash, and state, tribal, territorial, or local cash benefit programs for income maintenance), and (b) long-term institutionalization at government expense (such as a long-term stay in a nursing facility or mental health institution). SNAP is neither โ€” it is not cash assistance and it is not institutional care. USCIS states expressly that it will not consider receipt of, or certification or approval for future receipt of, the benefits on that list. See details โ†’

What it is

Monthly food benefits that help low-income households buy the food they need. Benefits come on an Electronic Benefit Transfer (EBT) card โ€” EBT has been the sole method of SNAP issuance in all states since June 2004 โ€” which you swipe like a bank card at authorized grocery stores. The benefit amount is based on the USDA's Thrifty Food Plan, updated each year to keep pace with food prices, and depends on your household size and how much monthly income is left after certain expenses are deducted. It is a federal program (USDA Food and Nutrition Service), but state public assistance agencies run it through their local offices โ€” you must apply in the state where you currently live, so the application and the local name vary by state (California calls it CalFresh). Benefits generally arrive no later than 30 days after the office receives your application; households with little or no money that need help right away may get benefits within 7 days.

SNAP (New York uses no separate brand name โ€” the state's Office of Temporary and Disability Assistance, OTDA, titles its page simply "Supplemental Nutrition Assistance Program (SNAP)"; in New York City it is run by the Human Resources Administration, HRA)

Who may qualify

Income limit

  • The whole household (with earned income, and no member 60 years or older nor disabled)โ‰ค 150% FPL๐Ÿ”‘ The SNAP income line is set by household size, not per person โ€” everyone who lives together and buys and prepares food together counts as one household. โš ๏ธ New York does not have one line; it has three, so find yours (all figures are the current standards effective October 1, 2025, published by OTDA). (1) Households with earned income and no member 60 years or older nor disabled: gross monthly income of $1,957 for 1; $2,644 for 2; $3,332 for 3; $4,019 for 4; $4,707 for 5; $5,394 for 6; $6,082 for 7; $6,769 for 8; each additional person +$688 โ€” this tier works out to 150% FPL, and it is the figure carried on this line. (2) ๐Ÿ”ด Households without earned income and with no member 60 years or older nor disabled face a LOWER line: gross monthly income of $1,696 for 1; $2,292 for 2; $2,888 for 3; $3,483 for 4; each additional person +$596 โ€” that works out to 130% FPL. So if all of your household's income is unearned โ€” unemployment benefits, Social Security, a pension โ€” the lower 130% line applies to you, not the 150% shown on this row. (3) ๐ŸŒŸ Households with an older adult (60 or older) or a disabled member, AND households with dependent care expenses, get the highest line: gross monthly income of $2,608 for 1; $3,525 for 2; $4,442 for 3; $5,358 for 4; each additional person +$917 โ€” that works out to 200% FPL. Note that the dependent-care route does not depend on age or disability at all, only on having that expense โ€” so a young family paying for childcare can land in this tier. ๐ŸŒŸ The asset test: OTDA states plainly, "Most households applying for SNAP no longer have to pass a savings/resource test in order to get SNAP benefits. This means that the household's assets (stocks, savings and retirement accounts, etc.) are not considered when determining eligibility." Per OTDA, a household that meets the income test "will be deemed categorically eligible for a period of one year and will not be subject to gross or net income tests or to the SNAP resource test." A net income figure (gross income minus allowable deductions) is still used to compute how much you get. โš ๏ธ OTDA's own warning: "If your household's gross income is below these amounts, it does not ensure that you will be eligible for a benefit. A SNAP budget must be calculated for your household in order to determine program eligibility and your actual benefit amount. The only way to determine if your household is eligible for SNAP benefits is to apply."
  • Households with an older adult (60 or older) or a disabled member (households with dependent care expenses get the same tier)โ‰ค 200% FPL๐ŸŒŸ If your household includes an older adult 60 or older or a disabled member, New York gives you its highest line: 200% FPL. Current gross monthly income standards (effective October 1, 2025, published by OTDA): $2,608 for 1; $3,525 for 2; $4,442 for 3; $5,358 for 4; $6,275 for 5; $7,192 for 6; $8,108 for 7; $9,025 for 8; each additional person +$917 (annual: $31,300 for 1; $64,300 for 4). โš ๏ธ This tier is not only for older adults and disabled people. OTDA titles it "Income Guidelines for Households with an Older Adult (60 years or older) or Disabled Member and Households with Dependent Care Expenses" โ€” meaning a household with dependent care expenses (childcare costs, for example) gets this same 200% line regardless of age and regardless of disability. We cannot express "has dependent care expenses" in the audience field, so we state it here honestly, so that a young family paying for childcare does not wrongly assume it is stuck with a lower line. ๐ŸŒŸ The asset test is likewise gone for most households (see the line above). Remember: meeting the income line does not mean you qualify โ€” the only way to know is to apply.
Immigration-status rules in this state

๐Ÿ”ด New York implemented the federal narrowing in full, and there is no state-funded program catching the people it excludes โ€” that has to be said plainly, so do not take New York's reputation for granted. (1) When and how New York acted: per guidance relayed by New York City's Department of Social Services / Human Resources Administration (DSS/HRA), "On April 1, the New York State Office of Temporary and Disability Affairs (OTDA) issued guidance entitled 'Changes to SNAP Eligibility for Non-Citizens under H.R.1--Preliminary Guidance' providing instructions effective immediately on how to implement new changes to SNAP eligibility as dictated in H.R.1." The crucial cushion: "The new eligibility changes apply to those who are submitting new benefits applications or recertifying existing benefits cases โ€“ there will not be any changes to benefits received as a result of this guidance outside of those points." In plain terms: if you are already receiving SNAP, your benefits are not cut mid-certification; the change happens at your next recertification. (2) Who can still get it. Per that guidance, "the only noncitizens who will be eligible to receive SNAP are": (a) Lawful permanent residents (LPRs) who either have more than 5 years in qualified status; are under 18 years old; have earned or can be credited with more than 40 qualifying quarters; are in receipt of certain disability benefits; or are currently in a qualified status and were age 65 or older on 8/22/96 and were lawfully residing in the U.S. on that date; (b) Citizens of the Freely Associated States (the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau) lawfully residing in the U.S. under the Compacts of Free Association; (c) Cuban/Haitian Entrants; and (d) ๐ŸŒŸ a route that matters and is easy to miss: "Lawful permanent residents who do not have any of the above criteria but who have entered or adjusted status based on an immigration status recognized by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA)." Those statuses include: Refugees; Special Immigrant Visa (SIV) recipients; Ukrainian parolees paroled into the U.S. between 2/24/2022 and 9/30/2024; Afghan parolees paroled into the U.S. between 7/31/2021 and 9/30/2023; Asylees; Victims of human trafficking; Individuals admitted to the United States as an Amerasian immigrant; Grantees of withholding of removal; Certain Hmong or Highland Laotian tribal members; Certain American Indians born abroad; and "Active Military or Veterans, if also holding status as an LPR and meeting the associated military criteria listed." ๐Ÿ”‘ Notice what this means: if you were a refugee or an asylee and you later got your green card, you generally still qualify โ€” and you do not have to wait five years. Many people do not know this and give up their benefits for no reason. (3) ๐Ÿ”ด Who can no longer get it. "Individuals with the following immigration statuses, who do NOT have any other immigration statuses had previously been potentially eligible to receive SNAP, but are no longer eligible to receive SNAP unless/until they become a lawful permanent resident and meet the relevant criteria": Refugees; Asylees; Ukrainian parolees paroled in the window above; Afghan parolees paroled in the window above; Victims of Human Trafficking; Grantees of withholding of removal; Qualified battered non-citizens (including VAWA self-petitioners); Individuals granted humanitarian parole for one year or longer; Certain Hmong or Highland Laotian tribal members; Individuals admitted to the United States as an Amerasian immigrant; Certain American Indians born abroad; Active Military or Veterans. (4) ๐Ÿ”ด Does New York have a state-funded replacement? We did not find one. Unlike California โ€” which at least has CFAP, even though CFAP also fails to catch most of the people H.R.1 hit โ€” we could not find any official New York State-funded food benefit for people excluded from SNAP solely because of citizenship status. Official State and City guidance points people who lose eligibility toward emergency food (food pantries), the 211 line, and WIC, not toward a replacement benefit. โš ๏ธ This is a "we did not find one," not a verified "New York will never have one" โ€” there have been legislative proposals to create such a program, but we found no official evidence that one has been enacted and is operating, so we will not tell you money is waiting. Rely on the latest official OTDA/HRA guidance. (5) Things that still hold and are useful to you, in the official words: "All New Yorkers are eligible to apply for benefits, regardless of immigration status." "Non-citizen parents ARE able to apply for their U.S. citizen children." "The SNAP office is not allowed to ask for immigration documents for people who are not applying to receive benefits themselves." And: "We encourage clients who apply for benefits to allow HRA to make the benefits eligibility determination rather than determining their own eligibility beforehand." This is a changing area โ€” check with OTDA or your local department of social services.

Recent major change to SNAP rules (some immigration statuses)

What changed: A federal law effective 2025-07-04 (OBBBA ยง10108, rewriting 7 U.S.C. 2015(f)) limits SNAP to: U.S. citizens ยท lawful permanent residents (green-card holders) ยท Cuban/Haitian entrants ยท COFA (Compact of Free Association) citizens. Who is affected: Refugees, people granted asylum, people granted withholding of removal, humanitarian parolees, battered spouses and children, conditional entrants, and similar categories are now excluded by the statute. โš ๏ธ But: The federal regulation 7 CFR 273.4 has not been updated (current on eCFR as of 2026-07-15) and still lists these categories as eligible; the FNS non-citizen eligibility page was taken down and marked "being updated" (2025-08-29). States may apply this differently. ๐Ÿ”ด What to do: Do NOT decide on your own โ€” whether old information says you qualify or this notice says you're excluded, check your specific situation with your state SNAP office (they are the ones with authority to decide). ๐ŸŒŸ This affects SNAP only: Medicaid, CHIP, and WIC have DIFFERENT eligibility rules, are not affected by this law, and you may still qualify. Also: SNAP does NOT count toward public charge; searching or applying by itself does not affect your immigration status. Informational only, not legal advice; for your personal situation consult a licensed immigration attorney.

You may still qualify for these

MedicaidChildren's Health Insurance Program (CHIP)Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)

What to do

Check with your state SNAP office before assuming you're excluded โ€” they are the ones who decide your case.

OBBBA ยง10108, amending Section 6(f) of the Food and Nutrition Act of 2008 (7 U.S.C. 2015(f)) ยท 2025-07-04

How to apply

What you'll need

Per New York's official apply page (ny.gov, "Apply or Recertify for SNAP"), gather before you apply: recent pay stubs; your current rent/mortgage statement; your current property tax bill; your current homeowner's insurance bill; your Social Security card; utility bills; and a list of household resources. โš ๏ธ Note the apparent tension: New York has dropped the resource test for most households, yet the apply page still asks you to list household resources โ€” both are true, and listing them does not mean they will be used to disqualify you. ๐ŸŒŸ On immigration documents, the official line works in your favor: NYC HRA states, "The SNAP office is not allowed to ask for immigration documents for people who are not applying to receive benefits themselves." And: "When submitting a benefits application, clients should include any and all documents that they think may be relevant to their immigration status. This includes documents that are expired, and documents issued from other countries." Copies should be legible and complete, including front and back of cards, forms, and passports (including blank pages of passports). ๐ŸŒŸ Language: HRA provides free language services for any language a client may need (including sign language), and DSS produces documents in 12 languages โ€” Arabic, Bengali, Simplified Chinese, Traditional Chinese, English, French, Haitian Creole, Korean, Polish, Russian, Spanish, and Urdu. See the official apply page for the exact document list.

Timeline

Expedited: New York states it officially โ€” even if the SNAP office cannot do a complete eligibility interview on the same day you file, "you at least must be screened to see if you qualify for what is called 'expedited' consideration. If your household has little or no money and needs help right away, you may qualify for 'expedited' SNAP. If you do, you must receive your initial SNAP benefit within seven days." After that, "You will still have to complete the eligibility process, and supply all the required documentation at a later date." Standard: we found no New York-published standard processing deadline that differs from the federal one, so we do not promise a state-level figure โ€” the federal baseline applies: benefits generally arrive no later than 30 days after the office receives your application. Rely on the official notice you receive.

Go to the official application โ†’

myBenefits (mybenefits.ny.gov) โ€” New York State's official online entry point, where you can both check eligibility and apply ยท ๐Ÿ”‘ if you live in New York City, use ACCESS HRA instead (access.nyc.gov or nyc.gov/accesshra) ยท you may also apply in person, by mail, or by fax; New York State Temporary Assistance Hotline 1-800-342-3009 (Monday-Friday, 9 AM-5 PM)

Will it affect your green card? (Public charge)

โœ… SNAP does NOT count in the public charge test โ€” the current rule lists "Supplemental Nutrition Assistance Program (SNAP) or other nutrition programs" as the very first item on the "Public Benefits Not Considered" list, so receiving it does not affect your green card or immigration application. The current rule considers only two things: (a) public cash assistance for income maintenance (SSI, TANF cash, and state, tribal, territorial, or local cash benefit programs for income maintenance), and (b) long-term institutionalization at government expense (such as a long-term stay in a nursing facility or mental health institution). SNAP is neither โ€” it is not cash assistance and it is not institutional care. USCIS states expressly that it will not consider receipt of, or certification or approval for future receipt of, the benefits on that list.

โž• The exclusion is categorical: SNAP has no "long-term institutional care" exception the way Medicaid does โ€” whatever you buy with SNAP, however long you receive it, and however much you receive, it does not count. Other nutrition programs are likewise not considered, including WIC (Special Supplemental Nutrition Program for Women, Infants, and Children), school lunch programs, the Child and Adult Care Food Program (CACFP), the Emergency Food Assistance Act program (TEFAP), and the Food Distribution Program on Indian Reservations (FDPIR). In addition, USCIS does not consider public benefits received by an applicant's family members (including U.S. citizen children or other relatives), or benefits received by the applicant solely on behalf of third parties โ€” ๐Ÿ”ด a U.S. citizen child receiving SNAP in a mixed-status family does not count in a parent's public charge determination. It is not considered "receipt" to apply for a benefit on your own behalf or on behalf of another, nor is approval for future receipt. USCIS also does not consider benefits received while the applicant was in an immigration category exempt from public charge, or benefits received by people who are eligible for the resettlement assistance, entitlement programs, and other benefits available to refugees. ๐ŸŒŸ One persistent rumor, put to rest: under the current rule effective December 23, 2022, SNAP does not count toward public charge. A 2019 rule did count it, but that rule was vacated nationwide on March 9, 2022 (USCIS Policy Manual, Volume 8, Part G, Chapter 1: "a partial final judgment vacating the 2019 Final Rule went into effect nationwide on March 9, 2022"). Rules have changed before and could change again โ€” rely on the latest official guidance.

Public charge is assessed only for people applying for a visa or admission from abroad, or applying for adjustment of status (a green card) inside the United States.

Many categories are exempt by law: refugees, asylees, VAWA self-petitioners, T and U visa applicants, Temporary Protected Status (TPS), Special Immigrant Juveniles (SIJ), Cuban/Haitian entrants, Cuban Adjustment Act applicants, Afghan/Iraqi interpreters, certain battered aliens who are "qualified aliens" under PRWORA, applicants for registry, Lautenberg parolees, Liberian Refugee Immigration Fairness (LRIF) applicants, and other categories exempted by law.

Public charge is generally not assessed when a green-card holder renews their card or naturalizes; a green-card holder returning from a trip abroad is generally not treated as an applicant for admission and is assessed only in limited cases (for example, an absence of more than 180 days).

This is information only, not immigration, legal, or tax advice. Public charge and your personal status are complex โ€” consult a licensed immigration attorney. We never tell you whether you "will" or "won't" be affected.

USCIS Policy Manual, Volume 8, Part G, Chapter 7, Section E "Public Benefits Not Considered" (which lists SNAP as its first item), together with Sections B and C (the only two categories considered), and Chapter 3 (who it applies to) โ€” 8 USCIS-PM G.7 / G.3; regulation 8 CFR 212.22(a)(3), 212.21โ€“212.23; 2022 final rule 87 FR 55472. ยท 2022-12-23

Last checked: 2026-07-16

Policies can change โ€” always check the latest official information.

This site is informational only and is not immigration, legal, or tax advice. For public charge and your personal status questions, consult a licensed immigration attorney.

Supplemental Nutrition Assistance Program (SNAP, "food stamps") in other states

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