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  Can a noncitizen receive Supplemental Security Income benefits?
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  Can a noncitizen receive Supplemental Security Income benefits?
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A noncitizen may receive Supplementary Security Income (SSI) if he or she meets the requirements of the laws for noncitizens that went into effect on August 22, 1996 and all the other requirements for SSI eligibility, such as the limits on income and resources.

In general, beginning August 22, 1996, most noncitizens must meet 2 requirements to be potentially eligible for SSI:

  1. Be in a "qualified alien" category, and
  2. Meet a condition that allows qualified aliens to get SSI.

There are eight categories of "qualified aliens." The categories are:

  1. Lawfully admitted for permanent residence in the U.S. ("LAPR"), including certain "Amerasian immigrants";
  2. "Conditional Entrants" under the law in effect before April 1,1980;
  3. Paroled into the U.S. for certain reasons for a period of one year or more;
  4. Refugee;
  5. Granted asylum;
  6. Deportation or removal is being withheld for certain reasons; or
  7. Cuban and Haitian entrant under the Refugee Education and Assistance Act of 1980; or
  8. Certain aliens who have been subjected to battery or extreme cruelty or whose child or parent has been subjected to battery or extreme cruelty.

In addition to the categories described above, certain other aliens may be eligible for SSI.   This includes certain Canadian-born American Indians and noncitizen members of a Federally recognized American Indian tribe, and victims of a severe form of human trafficking, if specified circumstances are met.

A "qualified alien" is potentially eligible for SSI if he or she meets one of the following conditions:

  1. Was receiving SSI on August 22, 1996 and is lawfully residing in the U.S.;
  2. Is lawfully admitted for permanent residence and has 40 qualifying quarters of work. Work done by a spouse or parent may be counted toward the 40 quarters of work. Some restrictions may apply if the noncitizen or the working spouse or parent received certain federally funded benefits after December 31, 1996;

    IMPORTANT: If you entered the U.S. on or after 8/22/96, then you may not be eligible for SSI for the first five years as an LAPR even if you have 40 qualifying quarters of earnings.
  3. Is an active duty member of the U.S. armed forces, one of certain honorably discharged veterans, or one of certain dependents of U.S. military personnel;
  4. Was lawfully residing in the United States on August 22, 1996 and is blind or disabled;
  5. Filed for SSI within seven years of being granted status as a refugee, asylee, Cuban and Haitian entrant, Amerasian Immigrant, or deportation or removal is being withheld.

A refugee, asylee, Cuban and Haitian entrant, Amerasian immigrant, or alien whose deportation or removal is being withheld may be eligible on this basis only during the seven year period beginning on the date status was granted. If, when this period expires, a qualified alien in one of these categories also meets one of the conditions listed above, then SSI may continue beyond the seven-year period.  In addition, aliens who are able to become citizens before their seven year period ends may also continue to receive SSI.

If you are a current or former SSI recipient subject to SSI eligibility under the seven-year time limit, we encourage you to contact the U.S. Citizenship and Immigration Services (USCIS) to find out how to:

  • Expedite processing of your pending naturalization (N-400) or adjustment of status (I-485) application; and
  • Waive fees for the cost associated with filing your application.

You (or your representative) may call USCIS toll-free at 1-800-375-5283 (wait for the SSI option on the main menu), or 1-800-767-1833 if you are deaf or hard of hearing (TTY), and request expedited processing. You also may request expedited processing in writing or by going to the local USCIS office. Be sure to tell them that you are an SSI recipient. To learn more about fee waivers, call USCIS at the toll-free number shown above, contact your local USCIS office or visit the USCIS website at www.USCIS.gov/feewaiver.

Your local Social Security office can tell you whether you are eligible. For more information, you may want to call our toll-free number, 1-800-772-1213, and ask for our fact sheet called "Supplemental Security Income for Noncitizens," publication number 05-11051.

You may also wish to read our material on "alien eligibility" in the booklet, "Understanding SSI" and in the SSI Spotlight on this subject


 
 
 
  
 
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