Frequently Asked Questions

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What is immigration status?

If I need help, does my immigration status matter?

Do I need a Social Security number?

If I get public benefits, will it affect my immigration status?

What is sponsor deeming?

How do I apply for help if I don't speak English?

What is immigration status?

Your immigration status is the U.S. Immigration Service classification that allows you to stay in the United States. Some noncitizens are in the United States as immigrants (permanent residents) and others as nonimmigrants (temporary residents or visitors).

Immigrants may be legal permanent residents (LPRs), refugees, asylees, or other special groups. Within these groups, there are more specific immigration classifications. Some noncitizens live in the United States with undocumented status.

If I need help, does my immigration status matter?

Assistance programs vary in their treatment of noncitizens. Some assistance programs offer help to noncitizens regardless of immigration status. These programs do not ask your immigration status and do not require Social Security numbers.

Other programs, including many government-funded programs, only give benefits to certain categories of noncitizens. For more information, see Overview of Noncitizen Eligibility.

If you are undocumented or unsure of your status, you should get Legal Assistance before applying for a program that asks about immigration status. Some government agencies are required to report you to the U.S. Immigration Service if you tell them you are in the United States illegally.

If you need information or help in applying for benefits, call an immigrant service agency in your community. (See Immigrant Service Agencies.) These agencies help all categories of noncitizens and can tell you which assistance programs will give benefits to people with your immigration status.

Do I need a Social Security number (SSN)?

Many assistance programs require a Social Security number (SSN). If you do not have an SSN but you have applied for one, you can get benefits while you wait for your SSN. Programs open to undocumented noncitizens do not require a Social Security number.

Other members of your household or family who will get benefits must also have SSNs. However, anyone living with you who is not applying for help and will not get benefits does not need an SSN and does not have to report immigration status.

To apply for a Social Security number,

• visit your local Social Security office, OR
• print a copy of the SSN application from the Social Security web site and mail it to the Social Security office serving your city or town.

To find your local office: Social Security Online Office Locator

To print a copy of the SSN application: Application for a Social Security Card

You will need to bring or send two original documents (or certified copies) proving your age, identify, and citizenship or immigration status. Social Security will return these documents to you after they process your application. Call the Social Security office if you are not sure which documents you need.

It takes about two weeks to get your SSN.

If I get public benefits, will it affect my immigration status?

In some cases, getting public benefits might affect your immigration status. This only happens if the U.S. Immigration Service rules that you are a public charge.

A public charge is a person who depends on government cash assistance for support, or to pay for long-term care in an institution. The Immigration Service can refuse to admit noncitizens who are likely to become public charges, can deny applications for legal permanent residency, or in rare cases, deport immigrants who are public charges.

Many noncitizens are not subject to the public charge rules and can safely get all public benefits for which they qualify. These include:

• legal permanent residents (except for a few rare exceptions)
• refugees
• asylees
• certain other categories of noncitizens

Noncitizens who only get non-cash benefits like food stamps or rent vouchers do not have to worry about public charge. These benefits are not a factor in public charge rulings. All noncitizens can safely get any of the following benefits without worrying about public charge:

• health insurance or medical care (except for long-term care)
• SNAP benefits (food stamps)
• housing vouchers
• fuel assistance
• child care assistance
• job training or education programs
• one-time emergency cash assistance
• cash payments for fuel, transportation, etc.
• earned cash payments, such as government pensions or military benefits

The only benefits that are considered in public charge decisions are:

• cash assistance used for income support (SSI, TAFDC, EAEDC, or similar cash assistance programs)
• and government payment for long-term care in an institution

Note: Most noncitizens who get these benefits have an immigration status that makes them not subject to the public charge test.

If you are a noncitizen who is subject to the public charge test, you will not automatically be ruled a public charge just because you depend on cash benefits for support or long-term care. The Immigration Service will look at many factors including your age, financial situation, health, education, skills, and family status. Decisions are made on a case-by-case basis. For example, if the reason you need cash assistance or long-term care is something that happened after you entered the U.S., you will not be considered a public charge.

For more information, see Federal Guidance on Public Charge: When Is it Safe to Use Public Benefits? from the National Immigration Law Center (requires Adobe Reader).

What is sponsor deeming?

If a relative has sponsored your immigration to the United States (after 12/19/97) and has signed an affidavit of support (Form I-864), your relative's income (as well as your own) may count in determining if you are eligible for public benefits. This is called deeming. The income of your sponsor (and spouse) may be deemed to you whether or not you are actually getting any financial help from them.

Deeming rules vary by program. Some programs require deeming of your sponsor's income until you have 40 credits of qualifying work (about 10 years) or until you become a citizen. Some programs do not use deeming at all.

Sponsor deeming only applies to immigrants who are sponsored by a relative as a condition of entry into the United States and have an affidavit of support. It does not apply to refugees, asylees, or other immigrants who may have a sponsor from a resettlement program.

How do I apply for help if I don't speak English?

Agencies must try to find a way to help you in your own language. Many have bilingual staff members who speak the languages that are common in the community and use telephone interpreter services for other languages. Many agencies print forms and publications in the different languages spoken in the community, or will have them translated for you. In most cases, you have the right to an interpreter when English is not your primary language. You are always allowed to bring a friend or family member with you to translate, if you prefer.

It is against the law for any organizations that get funds from the federal government to discriminate against you because of your national origin. These organizations must take steps to make sure that you can apply for benefits and use their services no matter which language you speak. They must offer you the same quality of service in a way you can understand, within a reasonable time, at no extra cost.

If you believe you have been discriminated against because of national origin, you may file a complaint (within 180 days) with the U.S. Office for Civil Rights. In Massachusetts, you should contact:

• Regional Manager, Office for Civil Rights
  U.S. Department of Health and Human Services
  J.F. Kennedy Federal Building - Room 1875
  Boston, MA 02203
  Voice phone: 617-565-1340
  FAX: 617-565-3809
  TDD: 617-565-1343