Here are answers to common questions we get about CalFresh and immigration. For questions about other public benefits, please consult legal aid.
This information is current as of February 9, 2020.
These answers have been vetted with government and non-profit partners to ensure that they are complete and accurate.Find help near you
Text benefits to 650-376-8006 to learn more about how people with different immigration statuses could be affected.
Many immigrants can get CalFresh.
A household can get CalFresh if at least one person:
An individual does not qualify for CalFresh if:
(Note: People who are not eligible because of their immigration status can always apply on behalf of other household members, like US born children)
If you don’t see your immigration status on here, talk to a local expert on public benefits and immigration. Immigrants who can get CalFresh benefits still need to meet the CalFresh income guidelines like everyone else.
It is common for a household to have some people who qualify and some who don’t. Make sure to include everyone on your application — CalFresh will only grant benefits to people who qualify in the household. Household member information is only used to determine eligibility for CalFresh. The CalFresh office is not allowed to share information with Immigration and Customs Enforcement (ICE).
After you submit your application, your local CalFresh office will reach out to you to schedule an interview. This interview is required to go over the information you provided on your application. If you are missing any documents, the case worker will let you know what to provide.
Know your rights! If a non-citizen in your home is not requesting benefits, the CalFresh office is not allowed to ask for proof of their immigration status. For example, a green card holder who is not applying for benefits for themselves should not be asked to provide their green card information.
These documents are usually required to get CalFresh:
Immigrants may also be asked to provide proof of status to get benefits:
Important: If you are only applying for other people in your household, you don’t have to provide proof of immigration status.
These documents are optional but can increase your benefit amount:
What if I can’t get the proof? Tell your case worker during your CalFresh applicant interview. CalFresh will generally accept a sworn statement as a last resort if you cannot get the documents needed.
Yes, you can apply for CalFresh even if someone in your family is undocumented. Here are a few helpful points to consider:
Any non-citizen can opt-out of receiving CalFresh benefits if they choose. If you would like to opt out, and apply only for others in your household, leave the social security number question blank on the application. When you talk to your case worker, make sure to let them know that you are a non-citizen and that you don’t want benefits for yourself. You can do the same for any other non-citizens in the household who do not want to receive benefits. Anyone who opts out of receiving benefits should still be listed on the application, and should still provide income and expense information so that the county can determine whether or not your household meets other CalFresh requirements.
Some immigrants, like U visa applicants and survivors of human trafficking, may be eligible for CalFresh before they have Social Security numbers; they can still get CalFresh, so be sure your case worker knows if they want to be included.
The federal government has recently changed the definition of a public charge. This change is expected to go into effect on Monday, February 24th, 2020. However, this new public charge test does not include use of CalFresh before February 24th, or CalFresh use by family members. This page will be updated frequently with current information. Read more below to understand what public charge is and what you might need to know about it.
What is public charge?
Public charge is an individual test that is used when someone applies to enter the U.S. through an immigrant visa or apply for permanent residence. In this test, immigration officials look at all of a person’s circumstances, including income, employment, health, education or skills, family size, sponsor support, and use of some public benefits.
The federal government recently expanded how someone might be considered a public charge. This change is expected to go into effect on February 24th, 2020. Even under this new definition, having used CalFresh before February 24th, 2020 will not impact your chances of being considered a public charge. Whether or not others in your family get CalFresh will NOT impact your chances of being considered a public charge either.
It is important to know that many immigrants are exempt from public charge, including nearly all immigrants who qualify for CalFresh. The public charge rule does not apply to anyone who already has a green card, unless they leave the U.S. for more than 6 months. It also does not apply to anyone who has, or is applying for, one of the following:
Keep in mind that almost all immigrants who are eligible for CalFresh are not affected by the public charge test. Getting CalFresh while you have or are applying for status as a refugee, asylee, U or T visa, VAWA relief, TPS or SIJS will NOT count against you later if you apply for a green card.
Getting CalFresh does not affect your ability to get citizenship. This is because the public charge test is not a part of the process of applying for citizenship. It also does not affect most people applying for a green card, except in very rare cases.
This is true because almost all immigrants who are eligible for CalFresh are exempt from the public charge test. For more information, refer to this official USCIS guidance.
If you still have questions, consult an attorney who is knowledgeable about public benefits and immigration.
Your personal information is protected and only used to determine your eligibility for benefits. Federal and state laws protect the privacy of people who apply for and receive CalFresh. Additionally, if you are applying for benefits only for another person in your family or household, you do not have to share your immigration status with CalFresh. The CalFresh office may share information with other government agencies only to determine your eligibility for benefits, with limited exceptions.
There are lots of people and organizations that can offer legal aid on public benefits and immigration. Local non-profits may also be able to provide help and legal advice. Click here for a list of organizations near you.
If you have other questions, or see information on this page that is incorrect, talk to us on our live chat.