I am a noncitizen. Am I still eligible for SNAP benefits? 

A law known as H.R.1 (known as the One Big Beautiful Bill Act of 2025) includes changes to SNAP eligibility for immigrants. Beginning in April 2026, New York State has begun to enforce some of the new restrictions to eligibility based on immigration status. These changes apply now and may affect both new applications and recertifications.

Who is affected? 

You may lose SNAP if you have been in one of these immigration statuses for less than 5 years:

• Refugees
• People granted asylum (asylees)
• Survivors of human trafficking
• People with withholding of removal
• Iraqi or Afghan Special Immigrants
• Some Afghan or Ukrainian parolees

Who can still qualify?

You may still qualify if you:

• Are a U.S. citizen
• Have a green card (lawful permanent resident)
• Fit into certain limited special categories

Does every immigration now have a “five year waiting period”?

No. While new rules do require a five-year period for more categories of immigrants, some people can qualify after getting a green card, even if they have not had their status for 5 years, and a few categories of immigrants remain eligible for SNAP immediately upon receiving status, such as Cuban Entrants.

What should you do?

• Get legal advice right away
• Request a Fair Hearing if you believe that you were incorrectly denied SNAP
• Check if you can apply for a green card
• Make sure your caseworker has your correct immigration status

Where can I get more information about SNAP? 

• Office of Temporary and Disability Assistance (OTDA) website 

• Human Resources Administration (HRA) website  
• Visit a SNAP Center or Call 718-SNAP-NOW (718-762-7669) 
• Read more on the USDA website here.

For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.

* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.