What are the consequences of having food stamps

Although today the consequences of having food stamps are minimal, many immigrants still fear that this benefit could affect their immigration status.

The good news is that the SNAP program is not considered “public charge” under the current federal USCIS rules. That said:

• Food stamps do not affect adjustment of status or lawful permanent residence.
• However, there are risks if the benefit is requested without meeting the requirements or is used improperly. 
• That is why it is important to understand when it is safe to apply and when it can create an immigration problem.

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In the following lines you will find clear and up-to-date information on how SNAP works, who can apply for it and what precautions you should take before applying. 

Context and main consequences of having food stamps for immigrants in the U.S.

The Supplemental Nutrition Assistance Program (SNAP), commonly known as food stamps, provides food assistance to low-income households. Its goal is to cover basic needs, not to give cash.

• For years, many immigrants avoided applying for this benefit for fear of being considered a “public charge.”
• That concern arose during previous administrations that tried to expand the definition of that concept.
• However, USCIS confirmed in its official guidance on the public charge rule that non-cash benefits (such as SNAP, WIC or Medicaid) do not affect immigration applications and do not make a person inadmissible.

The U.S. Department of Agriculture (USDA), which oversees SNAP, also explains that it is strictly a food assistance program. That said:

• Applying for SNAP legitimately does not affect your immigration status.
• Lying or hiding information can lead to administrative or even criminal penalties. 

This last point is especially important because federal agencies now use stricter verification systems, such as DHS’s SAVE system.

Critical update for 2025

Since July 2025, the “One Big Beautiful Bill Act” (OBBB Act) has significantly changed who can receive food stamps. 

Although SNAP is still not considered public charge, eligibility has become more restrictive and many immigrants who previously qualified no longer meet the new criteria.

The key changes include:

• Eligibility restrictions: The law narrowed SNAP to a smaller group of qualified aliens. Some refugees, asylees and parolees have lost or may lose access to the program.
• Stricter work requirements: Work obligations for able-bodied adults without dependents were tightened, the age range subject to these rules was expanded and several exemptions were reduced.

What food stamps (SNAP) are and why they raise immigration questions

Food stamps or SNAP benefits allow eligible households to buy basic groceries with an EBT card. Although the program is run by each state, it operates under federal USDA rules.

Many immigrants still have questions because:

• There were attempts in the past to limit SNAP.
• People confuse cash assistance programs with food assistance programs.
• Misinformation circulates claiming, falsely, that any government help “takes away your papers.”

What has changed recently is eligibility. A new federal law restricted who can receive SNAP and strengthened work requirements. That means many immigrants who once qualified are no longer eligible under the current rules.

If you decide to apply, make sure you meet the requirements and provide truthful information, especially if you plan to adjust status or naturalize later. To learn the steps of the naturalization process, see “How to become a U.S. citizen.”

Which immigrants can and cannot apply for food stamps

Under the One Big Beautiful Bill Act, SNAP eligibility changed significantly. Many groups that once qualified are no longer eligible.

Therefore, those who can apply for SNAP include:

• U.S. citizens.
• Lawful permanent residents who meet the requirements (5 years of residence, 40 work credits, minors under 18 or a qualifying military connection).
• Children under 18 with lawful status.
• Individuals with 40 work credits registered with Social Security.

However, the following are no longer automatically eligible:

• Refugees and asylees (they must wait or adjust their status).
• Parolees, including parole in place (except in very narrow circumstances).
• Holders of T or U visas and some trafficking victims.

In addition, the following do not qualify:

• Undocumented immigrants.
• Tourists, students and workers with temporary visas.

In mixed-status families, U.S. citizen children can receive SNAP without affecting their parents’ immigration cases.

If you are unsure about your immigration category, see our guides on asylum in the United States or on advance humanitarian parole.

How public benefits affect lawful permanent residents and citizenship applicants

A lawful permanent resident can receive food stamps but only if they meet the current federal requirements. Today, eligibility is stricter than it used to be:

When can a permanent resident receive SNAP?

A lawful permanent resident may qualify only if they meet one of these federal criteria:

• They have lived in the U.S. as a resident for at least 5 years.
• They have 40 work credits (about 10 years of work).
• They are under 18 years old.
• They qualify under special exemptions (military connection or other limited categories).

It is no longer enough to simply meet the state income requirements. The new federal law restricts who can receive SNAP.

Do food stamps affect a Green Card or citizenship?

• They do not affect adjustment of status, Green Card renewal or naturalization.
• SNAP is not treated as a public charge benefit under current USCIS rules.
• Using SNAP legitimately does not harm your good moral character.

Note: Before applying for naturalization, it is wise to review the criminal bars to U.S. citizenship and make sure your immigration and tax history are in order.

When can it actually cause problems?

Food stamps can affect your immigration case only when there is fraud:

• Lying about income.
• Hiding employment.
• Providing false information.
• Using or transferring benefits illegally.

The problem is not receiving the help itself, but lying to get it.

In many cases, the consequences of having food stamps only arise when there is fraud or false information in the application. This is usually when people start asking what are the consequences of having food stamps in their particular situation.

What happens if I lie or give false information to get food stamps

Lying on a SNAP application is one of the most serious consequences of seeking welfare benefits. Providing false information, hiding income or selling EBT benefits is considered federal fraud.

Legal penalties for SNAP fraud

• High fines, which in major fraud cases can reach up to $250,000.
• Possible jail time, even up to 20 years in the most serious cases.
• Disqualification from the program:
  • 12 months for a first violation.
  • 24 months for a second violation.
  • Permanent disqualification after a third violation.

Immigration consequences

Fraud is considered a crime involving moral turpitude (CIMT). It can lead to:

• Inadmissibility, blocking adjustment of status or future visas.
• Deportation for certain immigrants and even some lawful permanent residents.
• Denial of citizenship for lack of good moral character.

Example: A lawful permanent resident who hid income in order to receive more than $200 per month in SNAP benefits was convicted of fraud and lost the opportunity to apply for U.S. citizenship. 

What happens if my food stamp application is denied or if state rules change

Another common concern is what happens if the food stamp application is denied. In most cases:

• The denial does not affect your immigration status.
• It is not automatically reported to USCIS.
• It is usually due to high income, missing documents or changes in eligibility criteria (state or federal), not your nationality.

If your application was denied, you can:

• Appeal the decision through an impartial fair hearing.
• In California, for example, there is the CalFresh Appeals program.
• In other states, you can use the official SNAP directory to find the office that handles appeals.

What can cause serious problems is falsifying information in order to try to qualify. If your family does not meet the current SNAP rules, you may want to look into other state or health programs that do not affect immigration. 

For example, Medi-Cal for undocumented immigrants in California or Temporary Protected Status (TPS).

Brief example: A family with TPS temporarily lost SNAP because of an error in income verification. After appealing, the state corrected the calculation and restored the benefit without any immigration consequences. The problem was not the initial denial, but the administrative mistake.

What may change in 2026 and how to prepare for future SNAP adjustments

The most important changes for immigrants will not come from individual state debates, but from the ongoing implementation of the federal restrictions adopted in 2025. 

These rules took effect nationwide and states must apply them.

Changes already in place that will remain in force in 2026

• Eligibility for many immigrants has been substantially reduced.
• Most refugees, asylees and parolees no longer qualify for SNAP, except in very specific situations or once they obtain permanent residence.
• Work requirements for adults without dependents have been tightened:
  • Higher age limit,
  • Elimination of previous exemptions,
  • More stringent verification.

What remains unchanged

• The federal public charge rule has not been modified.
• Receiving SNAP legitimately does not affect permanent residence or citizenship.

What may vary at the state level

• States cannot expand eligibility beyond what federal law allows.
• But they can adjust:
  • Procedures,
  • Renewal deadlines,
  • How they verify income or employment, and
  • The frequency of reviews.

How to prepare

• Check the official USDA SNAP information and your state’s portal regularly, since agencies must apply stricter verification, including the DHS SAVE system.
• If you are afraid of losing your benefits or are unsure whether you still qualify under the new rules, an attorney can advise you.
• The attorneys at Lluis Law can advise you on SNAP for immigrants in 2026 and review whether your application complies with the current federal criteria before you renew.

Medi-Cal, Medicaid and other programs: which ones affect immigration and which ones do not

Many immigrants confuse SNAP with other public benefits. For example, receiving medical care through Medi-Cal or Medicaid does not affect your immigration applications, because these programs are not treated as a negative factor by USCIS. However:

• The only major exception is when a person receives long-term institutionalized medical care financed by the government.

• Applying for Medi-Cal for basic care, vaccines, checkups or emergency treatment is safe for those seeking residence or citizenship. 
• What can cause serious problems is lying, falsifying documents or hiding information, since this could trigger an investigation.

Example: A Green Card applicant who used Medi-Cal for their U.S. citizen child did not face any issues in the immigration process because the benefits granted to U.S. citizen minors are not attributed to their immigrant parents.

When the benefit is received by a U.S. citizen child or another family member

Many immigrants wonder whether it can hurt them if their U.S. citizen child receives SNAP benefits or another relative in the household does. The answer is no.

USCIS confirms that benefits granted to a U.S. citizen household member are not counted against the rest of the family in immigration adjudications.

Therefore, if your U.S. citizen child receives food stamps or Medi-Cal, this does not harm your immigration case.

For many families, understanding the long-term consequences of having food stamps is essential, especially when navigating different state and federal benefit programs.

What you can and cannot buy with food stamps

Many beneficiaries do not know the program limits and wonder what food stamps are in the United States and what they can be used for. 

SNAP allows you to use the EBT card only to buy food for home consumption in supermarkets, local markets or authorized stores. With this in mind:

You can buy:

• Fruits and vegetables.
• Meat, chicken and fish.
• Cereal, bread, milk, eggs and dairy products.
• Seeds or plants that produce food for the household.

You cannot buy:

• Alcohol and tobacco products.
• Medicine, vitamins or supplements (if the label says “Supplement Facts,” it is not eligible).
• Hot prepared food ready to eat at the point of sale.
• Non-food items such as cleaning products, personal hygiene items, cosmetics or pet food.

EBT card considerations

• Using the EBT card for non-authorized purposes may be considered fraud and can carry state and federal penalties. 
• The program is designed to help low-income households buy basic groceries, not to pay for other expenses.
• If you want to review your case, your balance or whether you still have funds available, you can log into your state SNAP portal or search online for “how to check my food stamp case” along with your state name. 

Frequently asked questions about SNAP and immigration

Below we answer the most common questions on this topic.

What are food stamps?

They are food assistance benefits provided by the federal government through the SNAP program, which is administered by the states. They allow you to buy essential groceries with an EBT card.

Can I lose my Green Card for receiving SNAP?

No. USCIS confirms that receiving food stamps does not affect permanent residence or adjustment of status, as long as the information provided is truthful and the benefit was requested in good faith.

What happens if I lie to get benefits?

Lying or falsifying information is considered federal fraud and can have serious welfare-related consequences, including fines, jail time and immigration problems.

How can I check my food stamp case?

It depends on the state where you live. You can log into your state’s official portal, such as BenefitsCal – CalFresh in California or YourTexasBenefits.gov in Texas, to review your balance, notices and renewal dates.

Do food stamps affect my citizenship application?

No. SNAP is not considered in the citizenship interview or in the good moral character assessment.

What can I do if my SNAP application was denied?

You can appeal to the state authorities. In California, for example, the CalFresh Appeals system allows you to request a free hearing.

How Lluis Law can help you avoid the consequences of having food stamps

Although most immigrants can apply for SNAP on their own, it is essential to know how to do it without putting your immigration case at risk, especially if you are worried about what are the consequences of having food stamps in your particular situation.

The immigration lawyers in Los Angeles at Lluis Law have more than 60 years of combined experience in immigration matters. They have also advised hundreds of families on residence, citizenship and deportation defense processes.

Our firm can help you:

• Determine whether you qualify for SNAP without affecting your status.
• Review your forms to avoid mistakes or inconsistencies.
• Appeal denials or defend you if you are investigated for fraud.

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If you are concerned about your immigration situation or the possible consequences of having food stamps, contact us today.