This brochure will tell you what benefits you may be eligible for if you legalized under the 1986 Immigration Reform and Control Act. If you have a different immigration status please read one of the brochures listed below.
Your immigration documents should list your status either by name or with a code. If you don't have a document that shows your status, consult an immigration lawyer or call Northwest Immigrant Rights Project (206-587-4009 or 509-854-2100) for advice. You may also be able to get assistance from DSHS to help you obtain copies of immigration documents you have lost.
If you came to the United States before August 22, 1996, you may be eligible for:
Cash benefits (Federal Temporary Assistance for Needy Families, General Assistance Unemployable-state program for those who are disabled or 65 and over, or SSI-federal program for those who are disabled or 65 and over)
Medical benefits (Federal Medicaid, including emergency, prenatal and children's health programs or the State Basic Health Plan and Hospital Charity Care)
Food Stamps (either the federal or the state funded program) social services and other federal programs.
To qualify, you must be low-income, have few resources and meet other program requirements.
If you came to the United States on or after August 22, you did not come under the Immigration Reform and Control Act. The Act gave status to persons who could show that they had lived in the U.S. before 1986. Which benefits you may be eligible for depends on your immigration status as well as the date you arrived. Look at the other brochures listed in the box above and consult the one that fits your immigration status.
The welfare office is required to provide you with a free interpreter without delay. Be sure to mark on the application form if you have difficulty in reading, speaking or understanding English. The office should also send you translated notices about your benefits so that you can read about your rights and responsibilities in your own language. Keep a copy of the letters the welfare office sends you. When you take information to the office, ask them to make a copy for you to keep and stamp the date on both copies. If you have not received interpreters or notices in your own language and the welfare office has cut off your benefits, you may be able to get your benefits back.
If you came to the United States before August 22, 1996, you may be eligible for SSI if you are disabled and were in lawful status on August 22, 1996. If you are not disabled but are over age 65, you may receive SSI if you have a 10 year work history in the U.S. (including work quarters earned by a spouse). Military personnel and their families may also receive SSI.
If you came to the United States on or after August 22, 1996, you will probably need to become a citizen to be eligible for SSI. You may be eligible 5 years after you arrive if you can show that you have a 10 year work history (including your spouse's work) Some exceptions apply for military personnel and their families. This is a complicated area so it is best to consult a legal services lawyer for more information.
Probably not, because most people who came under the Immigration Reform and Control Act have already obtained their green cards. If you don't yet have your green card, getting cash benefits may make it difficult to get your green card. The INS may deny your green card application if it finds that you are dependent on cash benefits for support. This is called being a "public charge". If you have received cash benefits and are applying for a green card, you will need to show the INS that your need for cash assistance is temporary and will not affect your ability to support yourself or your family in the future. It is o.k. to receive non-cash benefits (like medical care and food stamps) because the INS does not consider these benefits (except for medical benefits for persons institutionalized for long-term care)in determining if you are a public charge.
After you have your green card: If you already have your green card, you do not need to worry about getting cash benefits unless you have been outside the US for more than six months. Getting these benefits will not hurt your application for citizenship. However, immigrants who fraudulently receive public assistance may have trouble becoming citizens and may even face deportation if convicted of a crime. Consult an immigration attorney for questions or read our brochure "New INS Guidance on "Public Charge": When Is It Safe to Use Public Benefits?" for more information.
Can I be denied assistance because I have a sponsor?
Probably not. Immigrants who applied under IRCA who have a sponsor are not subject to the rules on sponsor deeming even though you must report any actual income your sponsor has given you.
What if the welfare office denies my application?
If the welfare office denies your application or terminates your benefits it may be because you are no longer eligible. It may also be because the rules are complicated and the welfare office has made a mistake. If you believe you are eligible or would like another person to review your case, you should either tell your worker that you want a Fair Hearing or ask for a copy of the Hearing Request form to fill out. There is no fee or penalty for requesting a fair hearing and you can always withdraw your request later if you believe the welfare office was correct. You should also contact a legal services office for advice.
This publication provides general information concerning your rights and responsibilities. It is not intended as a substitute for specific legal advice. This information is current as of the date of its printing, May 2001.
Information, Not Legal Advice. We are providing this information as a public service. We try to make it accurate as of the date noted in the materials. Sometimes the laws change. We cannot promise that this information is always up-to-date and correct. Most of the information provided on this web site is specific to Washington State law.
We do not intend this information to be legal advice. By providing this information, we are not acting as your lawyer. If you need legal advice, you should contact a lawyer through your local legal aid organization. Always talk to a competent lawyer, if you can, before taking legal action.
Permission for copying and distribution granted to the Alliance for Equal Justice and individuals for non-commercial use only.
Lawyer Advertising. This web site is not intended to be advertising or solicitation. The hiring of a lawyer is an important decision that should not be based on advertisements. Before hiring an attorney, you should investigate his or her reputation and qualifications.
Links. Some of the items listed here have not been prepared by us, but are instead "links" to information prepared and posted by others. We cannot guarantee the accuracy of information posted on other sites. The links are not intended to imply that we sponsor or are affiliated or associated with the persons who created those sites, nor are the links intended to imply that we are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
In an effort to improve this site, we would appreciate learning about your visit to Washington LawHelp.
Washington LawHelp is provided as a public service by the Northwest Justice Project in collaboration with other legal aid providers in the Alliance for Equal Justice and Washington courts.
