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You may have been told you are not eligible for the Food Assistance Program (FAP, formerly known as Food Stamps) because you are an immigrant. That may not be true. Depending on your immigration status, you may be eligible for FAP. Even if you are not eligible for FAP, other members of your household might be, and you should not have to disclose information about your immigration status to get your household members access to FAP.
FAP Eligibility
Non-U.S. citizens must have an “acceptable status” to be eligible for FAP. Many factors can affect eligibility, and it can be complicated to know if you have acceptable status. If you have questions about your status, you may want to contact a legal services office for help. You can use the Guide to Legal Help to find a legal services office in your area.
Generally, only U.S. citizens and lawful permanent residents (LPR) (also called green card holders) who have been in the U.S. for more than five years are eligible for FAP benefits. Some LPRs should not have to wait five years. For example, LPRs who have been lawfully living and working in the U.S. more than ten years, or LPRs who have a U.S. military connection. The law also removes the five-year bar for LPRs who are refugees, granted asylum, or victims of human trafficking.
FAP eligible categories for immigrants also includes:
- Lawful permanent residents or green card holders under the age of 18;
- Cuban and Haitian entrants;
- Non-citizen U.S. nationals (people from American Samoa or Swain Island or born abroad to a U.S. national parent);
- Immigrants who are blind, disabled, or have a U.S. Military connection;
- People who are present under the Compact of Free Association (COFA).
Immigrants not in one of the eligible categories cannot get FAP. This includes:
- Undocumented non-citizens
- People who refuse to share their immigration status.
Because of a new federal law, the following immigrants are also ineligible:
- Refugees and asylum seekers;
- Victims of human trafficking, unless they fall into one of the eligible categories;
- Parolees;
- Individuals whose deportation or removal is withheld;
- Domestic violence survivors under Violence Against Women Act (VAWA), unless they fall into one of the eligible categories.
Refugees and asylees may apply to change their status to LPR or green card holders after living in the U.S. for one year.
This law went into effect in July 2025, and the Michigan Department of Human Health Services (MDHHS) is still in the process of applying these specific requirements. If you have questions about whether your immigration status makes you eligible for FAP, contact your local MDHHS office.
Even if you have a household member who is ineligible, that will not stop others in your household from getting FAP. Here is an example:
A household has three members, Brenda, Lauren, and Fred. Fred is not lawfully present in the U.S., and therefore, not eligible for FAP. Fred’s status will not affect Brenda and Lauren’s eligibility based on immigration status. Brenda and Lauren are eligible to get FAP.
All household members have to be counted when someone is applying for FAP. However, the application allows you to say who wants to apply for benefits. If one member does not have eligible immigration status, the applicant can say that person does not want to apply for FAP. In the example above, if Brenda was the applicant, she would list Lauren and Fred as being household members. But she could say that Fred is not applying for FAP.
The same is true where an ineligible parent is applying for FAP for their eligible minor children. Taking the example above, if Fred is Brenda and Lauren’s father, Fred can complete the application for Brenda and Lauren, and say that he is not applying for FAP for himself.
While Fred may not be applying for FAP, his assets and income might be considered when determining whether the household is eligible, and how much FAP the children get.
While immigrants who do not have an “acceptable status” cannot receive FAP, all immigrants in need regardless of status may get food assistance from food banks and nonprofit organizations.
Can Applying for FAP Impact My Immigration Case?
Generally, no. When a non-citizen adult has a green card, they are not eligible for FAP for five years, unless there is an exception that applies. Getting FAP after five years with a green card has no effect on naturalization.
If you have questions about how applying for FAP may impact your immigration case or how the new law may impact your FAP benefits, you can review toolkits and other resources on the Protecting Immigrant Families website, for more information.
If you are in the U.S. on an employment visa, your sponsor (employer) cannot stop you or your family from getting FAP. The sponsor’s income and assets may be considered when determining your eligibility for FAP benefits until you become a U.S. citizen or work for about ten years. During the sponsorship, your employer must also reimburse the cost of benefits to MDHHS.
Will MDHHS Share My Information with Immigration?
The Michigan Department of Health and Human Services (MDHHS) is in charge of FAP for Michigan. Generally, MDHHS should not share any information with U.S. immigration authorities about non-citizen applicants for the purposes of immigration enforcement.
MDHHS workers may share information with the U.S. Citizenship and Immigration Services (USCIS) when there is a final order of deportation against an applicant (not a household member who is not an applicant). The same is true if USCIS or an immigration judge determines an applicant is unlawfully present.
What If My English is Limited?
MDHHS must provide you with an interpreter if you need one. You also have a right to bring your own interpreter if you prefer. MDHHS cannot ask a child or other family member to interpret or translate for you. The application is also available in different languages. You can apply online, and have someone help you.
How to File a Complaint
If you are not provided with an interpreter, or you have concerns about the interpretation you receive, you can file a complaint with the Office of Global Michigan and the Michigan Department of Civil Rights.
If you believe that you were treated unfairly because of a language barrier, you have the right to mail a complaint to:
Michigan Department of Health and Human Services
Specialized Action Center
235 S. Grand Avenue
P.O. Box 30037
Lansing, MI 48909
You can also file a discrimination complaint with the U.S. Department of Agriculture (USDA), visit their website to learn more.
Request a Hearing
If you are eligible for FAP, you may have a right to a request a hearing. You may request a hearing, if you do not agree with a decision made about your eligibility or if there was an unreasonable delay in the application process.
If MDHHS made a wrong decision about your case, you can use the Do-It-Yourself MDHHS Hearing Request tool to complete your request. Make a copy of the form to keep for your records.
You can mail, fax, or drop off your hearing request in person. If you choose to mail your request, you may want to send it by certified mail. Be sure to direct it to the Hearing Coordinator, not your caseworker. If you drop off your request, sign the log book in the office lobby (if available). If you have a phone, take a picture of your signature in the log book for your records. You could also ask the person who takes the request to stamp your copy as proof of when you dropped it off.
If you have questions about your immigration status or FAP eligibility, contact your local MDHHS office. Your local legal services office may also be able to help you. Use the Guide to Legal Help to find a legal services office in your area.