When Is A Non–Citizen Eligible For SSI?
Beginning August 22, 1996, most non–citizens must meet two requirements to be eligible for SSI:
the non–citizen must be in a qualified alien category, and
meet a condition that allows qualified aliens to get SSI benefits.
A non–citizen must also meet all of the other requirements for SSI eligibility, including the limits on income, resources, etc.
Who is a “Qualified Alien?”
There are seven categories of non–citizens who are qualified aliens. You are a “qualified alien” if the Department of Homeland Security (DHS) says you are in one of these categories:
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Lawfully Admitted for Permanent Residence (LAPR) in the U.S., including “Amerasian immigrant” as defined in Section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988, as amended;
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Granted conditional entry under Section 203(a)(7) of the Immigration and Nationality Act (INA) as in effect before April 1, 1980;
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Paroled into the U.S. under Section 212(d)(5) of the INA for a period of at least one year;
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Refugee admitted to the U.S. under Section 207 of the INA;
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Granted asylum under Section 208 of the INA;
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Deportation is being withheld under Section
243(h) of the INA as in effect before April 1, 1997, or removal is being withheld under Section 241(b)(3) of the INA;
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“Cuban or Haitian entrant” under Section
501(e) of the Refugee Education Assistance Act of 1980 or in a status that is to be treated as a “Cuban/Haitian entrant” for SSI purposes; or
In addition, you can be a “deemed qualified alien” if, under certain circumstances, you, your child, or your parent has been subjected to battery or extreme cruelty while in the United States.
Under What Conditions May a “Qualified Alien” be Eligible for SSI?
If you are in one of the seven “qualified alien” categories listed above, or have been determined to be a “deemed qualified alien” because you have been subjected to battery or extreme cruelty, you may be eligible for SSI benefits if you have limited income and resources and are aged, blind, or disabled and also meet one of the following conditions:
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You were receiving SSI and lawfully residing in the U.S. on August 22, 1996.
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You are LAPR with 40 qualifying quarters of work. Work done by your spouse or parent(s) may also count toward the 40 quarters of work, but only for getting SSI.
We cannot count quarters of work earned after December 31, 1996 if you, your spouse, or your parent(s) worked or received certain benefits from the U.S. government based on limited income and resources during that period.
IMPORTANT: If you entered the U.S. for the first time on or after August 22, 1996, then you may not be eligible for SSI for the first five years as LAPR, even if you have 40 qualifying quarters of work.
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You are currently on active duty in the U.S. Armed Forces, or you are an honorably discharged veteran and your discharge is not because you are an alien. This condition may also apply if you are the spouse, widow(er), or dependent child of certain U.S. military personnel.
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You were lawfully residing in the United States on August 22, 1996, and you are blind or disabled.
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You may receive SSI for a maximum of seven years from the date DHS granted you qualified alien status in one of the following categories, and the status was granted within seven years of filing for SSI:
Refugee admitted to the United States (U.S.) under section 207 of the Immigration and Nationality Act (INA);
Asylee admitted to the U.S. under section 208 of the INA;
Alien whose deportation was withheld under section 243(h) of the INA or whose removal is withheld under section 241(b)(3) of the INA;
Admitted as a “Cuban or Haitian entrant” as defined under section 501(e) of the Refugee Education Assistance Act of 1980 or in a status that is to be treated as a “Cuban/Haitian entrant” for SSI purposes; or
“Amerasian immigrant” admitted under section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988, as amended.
IMPORTANT: You may be eligible for SSI beyond the seven year period if you are in one of these categories, and you also meet one of the other conditions (1–4) above or if you qualify for a two year extension under P.L. 110-328 enacted October 1, 2008, or up to three years under the same law if you qualify for and have shown good faith in pursuing U.S. citizenship, as determined by the Department of Homeland Security
Exemption From the August 22, 1996, Law for Certain Non–Citizen Indians
Certain categories of non–citizens may be eligible for SSI and are not subject to the August 22, 1996, law. These categories include:
American Indians born in Canada who were admitted to the United States under Section 289 of the INA; or
Non–citizen members of a Federally recognized Indian tribe who fall under Section 4(e) of the Indian Self–Determination and Education Assistance Act.
Additional Eligible Alien Categories
Victims of Severe Forms of Human trafficking: You may be eligible for SSI under certain circumstances if the Department of Health and Human Services’ Office of Refugee Resettlement and the Department of Homeland Security determines that you meet the requirements of the Trafficking Victims Protection Act of 2000.
Iraqi/Afghani Special Immigrants: You may also qualify for SSI for a period of six to eight months if you are an Iraqi or Afghani special immigrant admitted to the United States under P.L. 110–161 or P.L. 110–181, enacted December 26, 2007.