Understanding SSI -- SSI Spotlight on SSI Benefits for Aliens (2024)

UNDER WHAT CIRc*msTANCES MAY A NONCITIZEN BE ELIGIBLE FOR SSI?

A noncitizen (also called an "alien" for immigration purposes) may be eligible for Supplemental Security Income (SSI) if he or she meets the requirements of the laws for noncitizens that went into effect on August22,1996. In general, beginning August22,1996, most noncitizens must meet two requirements to be potentially eligible for SSI:

be in a qualified alien category; and

meet a condition that allows qualified aliens to get SSI.

IMPORTANT: A noncitizen must also meet all of the other rules for SSI eligibility, including the limits on income and resources, etc.

WHO IS A QUALIFIED ALIEN?

There are 7 categories of qualified aliens. You are a qualified alien if the Department of Homeland Security (DHS) says you are in one of these categories:

1. Lawfully Admitted for Permanent Residence (LAPR) in the U.S., which includes"Amerasian immigrant" as defined in P.L. 100-202, with a class of admission AM-1 through AM-8;
2. Granted conditional entry under Section203(a)(7) of the Immigration and Nationality Act (INA) as in effect before April1,1980;
3. Paroled into the U.S. under Section212(d)(5) of the INA for a period of at least oneyear;
4. Refugee admitted to the U.S. under Section207 of the INA;
5. Granted asylum under Section208 of the INA;
6. Deportation is being withheld under Section243(h) of the INA, as in effect before April1,1997; or removal is being withheld under Section241(b)(3) of the INA;
7. A "Cuban or Haitian entrant" as defined in Section501(e) of the Refugee Education Assistance Actof1980 or in a status that is to be treated as a "Cuban/ Haitian entrant" for SSI purposes.

In addition, you can be a “deemed qualified alien” if, under certain circ*mstances, you, your child, or your parent were subjected to battery or extreme cruelty by a family member while in the United States.

UNDER WHAT CONDITIONS MAY A "QUALIFIED ALIEN" BE ELIGIBLE FOR SSI BENEFITS?

If you are in one of the 7 "qualified alien" categories listed above, you may be eligible for SSI if you also meet one of the following conditions:

1. You were receiving SSI and lawfully residing in the U.S. on August22,1996.
2. You are LAPR with 40qualifying quarters of work.

Work done by your spouse or parent may also count toward the 40quarters of work, but only for getting SSI.

Quarters of work earned after December31,1996, cannot be counted if you, your spouse, or your parent who worked, received certain benefits from the United States government, based on limited income and resources during that period.

IMPORTANT: If you entered the United States on or after August22,1996, then you may not be eligible for SSI for the first fiveyears as a LAPR even if you have 40qualifying quarters of coverage.

Refugee under Section207 of the INA;

Asylee under Section208 of the INA;

Noncitizen whose deportation was withheld under Section243(h) of the INA or whose removal is withheld under Section241(b)(3) of the INA;

"Cuban or Haitian entrant" under Section501(e) of the Refugee Education Assistance Actof1980 or in a status that is to be treated as a "Cuban or Haitian entrant" for SSI purposes; or

"Amerasian immigrant" pursuant to P.L. 100-202, with a class of admission of AM-1 through AM-8.

For purposes of SSI eligibility, individuals are not considered qualified aliens if they were admitted to the U.S. under the provisions of the Victims of Trafficking and Violence Protection Act of 2000. Their eligibility is subject to the proper certification in such status by the U.S. Department of Health and Human Services and possession of a valid "T" non-immigrant visa. Once the noncitizen obtains proper certification and is in possession of a "T" non-immigrant visa, they become potentially eligible for SSI.

EXEMPTION
FROM THE AUGUST 22, 1996 LAWS FOR CERTAIN NONCITIZEN INDIANS

Certain categories of noncitizens may be eligible for SSI and are not subject to the August26,1996 law. These categories include:

American Indians born in Canada who were admitted to the U.S. under Section 289 of the Immigration and Nationality Act; or

noncitizen members of a federally recognized Indian tribe under Section4(e) of the Indian Self–Determination and Education Assistance Act.

ADDITIONAL ELIGIBLE NONCITIZEN CATEGORIES

Victims of Severe Forms of Human trafficking: You may be eligible for SSI under certain circ*mstances if the Department of Health and Human Services’ Office of Refugee Resettlement (http://www.acf.hhs.gov/programs/orr/) and the Department of Homeland Security determines that you meet the requirements of the Trafficking Victims Protection Act of 2000.

Iraqi and Afghan Special Immigrants: If you are an Iraqi or Afghan national who was admitted to the U.S. as a special immigrant, you may qualify for seven years of SSI benefits if you served as a translator or interpreter for the U.S. Armed Forces in Iraq or Afghanistan or if you worked for the U.S. government in Iraq.

Afghan humanitarian parolee or Afghan Non-Special Immigrant Parolee: You may qualify for SSI if you are an Afghan humanitarian parolee or Afghan non-special immigrant parolee. On September 30, 2021, Congress passed the Afghanistan Supplemental Appropriations Act, 2022 (Public Law 117-43) and Section 2502 of this legislation provides that Afghan humanitarian parolees, known as Non-Special Immigrant Parolees, may qualify for SSI until March 31, 2023, or until the end of their parole period, whichever is later.

Ukrainian humanitarian parolee: You may qualify for SSI if you are a Ukraine humanitarian parolee and were paroled between February 24, 2022 and September 30, 2023 (or paroled after September 30, 2023 if you are the spouse or child of such an individual), you may qualify for SSI until the end of your parole period.

WE NEED PROOF OF YOUR IMMIGRATION STATUS

If you apply for SSI benefits, you must give us proof of your immigration status, such as a current DHS admission/departure Form I-94, Form I-551, or an order from an immigration judge showing withholding of removal or granting asylum.

If you have served in the U.S. Armed Forces, you may also need to give us proof of military service such as U.S. military discharge papers (DDForm214) showing an honorable discharge.

Your local Social Security office can tell you what other types of evidence you can submit to prove your noncitizen status.

WHAT IF YOU HAVE A SPONSOR?

When you entered the U.S., you may have had someone sign an agreement with DHS to provide support for you. We call this agreement an affidavit of support, and we call the person who signs it your sponsor. If you have a sponsor, we generally will count their (and their spouse's) income and resources as your income and resources. Your local Social Security office can give you more information about these rules and how they apply in your case.

BECOMING A U.S. CITIZEN

You can get more information about becoming a U.S. citizen by writing or visiting the U.S. Citizenship and Immigration Services website at www.uscis.gov or calling 1-800-870-3676 to get an application package for naturalization (DHS Form N-400).