Food Assistance Program for Legal Immigrants (FAP)

Revised April 20, 2026

Purpose:

The Food Assistance Program - FAP is a state-funded program that provides food assistance to legal immigrants who aren't eligible for federal Basic Food benefits solely because of their immigration status.

 WAC 388-400-0050  If I am not eligible for federal benefits through Washington Basic Food program because of my alien status, can I receive benefits through the state-funded food assistance (SFA) program?

Clarifying Information - WAC 388-400-0050

FAP benefit level

The legislature sets the benefit level for FAP in the Biennial Operating Budget.  The current budget sets FAP at 100% of the federal SNAP benefit level. This has been effective since July 1, 2015.  

Who is eligible for FAP?

FAP consists of two distinct immigrant groups:

  • Qualified aliens who haven't met the requirements for age, work quarters, or 5-year time frame as a qualified alien in order to be eligible for Basic Food benefits under the federal Supplemental Nutritional Assistance Program (SNAP). This population will cycle through FAP within 5 years or less and become eligible for federal benefits.
  • Nonqualified aliens are immigrants who aren't eligible for federal benefits unless they have an adjustment of their immigration status. 

Nonqualified aliens are legally in the U.S., but don't have an official status as a qualified alien with the U.S. Citizenship and Immigration Services. Immigrants, such as applicants for asylum or withholding of deportation, who haven’t yet received a final decision are considered nonqualified aliens.

Undocumented immigrants aren't eligible for either federally funded Basic Food or state funded SNAP.

Examples of Immigrants who are eligible for FAP if they meet all other eligibility criteria for Basic Food all other eligibility criteria for Basic Food including work requirements:
  • Abused immigrants who are a relative of a U.S. citizen with an approved I-130 petition but not meeting the other requirements of battered immigrants, as described in WAC 388-424-0001.
  • Abused immigrants who have self-petitioned under VAWA but not yet received "Notice of "Prima Facie" eligibility, as described in WAC 388-424-0001.
  • Applicants for adjustment of status, asylum, cancellation of removal, suspension of deportation or withholding of deportation or removal.
  • Cancellation of removal, deferred action or suspension of deportation granted. (Note: if a person is granted cancellation of removal or suspension of deportation based on having been abused or granted deferred action based on an approved self-petition as an abused immigrant, they are a "qualified alien").
  • Deferred enforced departure granted.
  • Family Unity granted.
  • "K", "S", "U" or "V" statuses, designated on a person's visa, allow holders to work and eventually to adjust to Lawful Permanent Resident (LPR) status.
  • Asylees
  • Refugees
  • Individuals granted withholding of deportation or removal
  • Victims of trafficking
  • Battered aliens
  • Lawful temporary residents under the amnesty program of the Immigration Reform and control Act (IRCA), including those admitted under Sections 210 ("special agricultural workers") and 245A of the INA.
  • Paroled into the U.S for any length of time.
  • Residing in the U.S since prior to January 1, 1972.
  • Eligible to petition as special immigrant juveniles. These are juveniles who have been declared a "dependent of the state" and eligible for long-term foster care due to abuse, neglect or abandonment.
  • Stay of deportation or removal granted.
  • Temporary protected status granted.
  • Voluntary departure granted - definite or indefinite time.
  • Afghan nationals paroled into the U.S. between July 31, 2021 and September 30, 2023
  • Individuals from Ukraine granted humanitarian parole between February 24, 2022 and September 30, 2024
  • Special Immigrants Visa Holders (SIV) from Iraq or Afghanistan