Waiting Period for Noncitizens to Receive Benefits
HR 1 did NOT make any changes to the waiting period to receive benefits. This period is also known as the five-year bar.
This waiting period means that some groups of qualified immigrants must have their residency status for five years before receiving benefits like SNAP, TANF, CHIP, and Medicaid (except in emergencies). Keep reading to learn more about the five-year waiting people and certain exceptions to these federal rules.
- Lawful Permanent Residents
- Individuals granted parole for at least one year
- Conditional entrants
- Noncitizens who are victims or survivors of domestic violence (called “battered noncitizens)”
- Are under 18 years old;
- Have 40 qualifying work quarters ** necessary to apply for a green card;
- Are blind or disabled;
- Were lawfully residing in the U.S. and 65 or older on August 22, 1996; or,
- Have a U.S. military connection.
- Iraqi or Afghani special immigrant;
- Certain Hmong or Highland Laotian tribal members who helped the U.S. military by taking part in a military or rescue operation beginning August 5, 1964, and ending May 7, 1975, and their spouses, unmarried dependent children, and unremarried surviving spouses;
- American Indians born in Canada to whom Section 289 of the Immigration and Nationality Act (INA) applies;
- Members of Native American/Indian tribes born outside of the U.S. under Section 4(e) of the Indian Self-Determination and Education Assistance Act;
- A refugee;
- Granted asylum;
- Amerasians;
- Afghan National granted parole between July 31, 2021-September 30, 2023;
- Ukrainian National granted parole between February 24, 2022=September 30, 2024;
- Your deportation is withheld; or,
- A victim subjected to a severe form of trafficking.
- A three month period that ends on March 31, June 30, September 30, December 31;
- in which you or your spouse worked, or your parents worked before you turned 18;
- and NO Federal means-tested public benefits were received.
- “Means-tested public benefits” are Medicaid, SNAP, Children’s Health Insurance program (CHIP), Social Security Income (SSI), or Temporary Assistance for Needy Families (TANF).
Changes to SNAP eligibility rules for non-citizens
Under new federal law, stricter rules are now in effect for noncitizens who are eligible to receive SNAP as of November 1, 2025.
The following groups are no longer eligible for SNAP but are still legally permitted to remain in the U.S.:
- Iraqi and Afghani special immigrants;
- Refugees;
- Certain Ukranian nationals granted parole;
- Victims subjected to a severe form of trafficking; and,
- Noncitizens who are victims or survivors of domestic violence (called “battered noncitizens.
If you are a noncitizen SNAP recipient and your status is not listed above, you may continue to receive SNAP until your next renewal date. Eligibility based on the limited noncitizen statuses will be assessed upon renewal, and if you are no longer eligible for SNAP, you will receive official notice. No changes will be made to your benefits without notice from the Pennsylvania Department of Human Services.
Keep reading to learn more about SNAP eligibility for non-citizens.
- Lawful Permanent Residents (LPR), including:
- Refugees who have become lawful permanent residents
- Iraqi and Afghani immigrants who came to the U.S. on Special Immigrant Visas and become lawful permanent residents of the country upon admission to the U.S.
- Certain Hmong or Highland Laotian tribal members who helped the U.S. military by taking part in a military or rescue operation beginning August 5, 1964, and ending May 7, 1975, and their spouses, unmarried dependent children, and unremarried surviving spouses
- American Indians born in Canada to whom Section 289 of the Immigration and Nationality Act (INA) applies
- Members of Indian tribes born outside of the U.S. under Section 4(e) of the Indian Self-Determination and Education Assistance Act
- Cuban/Haitian Entrants (CHE)
- Compacts of Free Association (COFA) migrants of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau
- Noncitizen U.S. Nationals (e.g., American Samoans and Swains Islanders)
If you have any questions about SNAP, you can contact your caseworker at the Department of Human Services’ County Assistance Office or call the Customer Service Center at 877-395-8930 (or 215-560-7226 if you live in Philadelphia).
Changes to Medicaid and CHIP eligibility rules for non-citizens
Changes for noncitizen eligibility for Medicaid will begin in October 2026. More information will come from PA DHS before these changes take effect.
Changes for noncitizen eligibility for Medicaid and CHIP will begin in October 2026. More information will come from PA DHS before these changes take effect.
Undocumented immigrants are not eligible for Medicaid or CHIP. In limited cases, certain immigrants legally residing in the United States may get health care coverage through Medicaid and CHIP. Currently this includes:
- Lawfully permanent residents;
- People with approved asylum status;
- Refugees;
- Cuban/Haitian Entrants (CHE);
- Compacts of Free Association (COFA) migrants of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau;
- Survivors of domestic violence (sometimes called “battered noncitizens”); and,
- Survivors of human trafficking.
Lawfully present children under age 21 and pregnant women may receive Medicaid under Section 214 of the Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA).
In most cases, non-citizens typically must wait through the five-year waiting period before being able to apply and qualify for Medicaid or CHIP. There are limited cases where legally present noncitizens may qualify for coverage before five years under Pennsylvania state law. Medicaid coverage may also be available for noncitizens in the event of an emergency medical condition.
H.R. 1 made changes to which legally present noncitizens can receive Medicaid and CHIP. These new rules start October 1, 2026. States are still awaiting guidance from the federal government. Check back here for more information throughout the year.
Eligibility for other benefits
Undocumented immigrants are not eligible for TANF (cash assistance). Some qualified immigrants who have their residency status for five years may receive benefits like TANF after the documented five-year waiting period if they meet other eligibility criteria like income, assets, and other qualifications.
H.R. 1 did not change noncitizen eligibility rules for TANF.