SSI

Can a non-citizen receive Supplemental Security Income benefits?

Answer : 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 8 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;
7. Cuban and Haitian entrant under the Refugee Education and Assistance Act of 1980; or
8. One of certain aliens who have been subjected to battery or extreme cruelty or whose child or parent has been subjected to battery or extreme cruelty.

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 7 years of being granted status as a refugee, asylee, Cuban and Haitian entrant, Amerasian Immigrant, or deportation or removal is being withheld.

A qualified alien in one of these categories may be eligible for a maximum of 7 years from the date status was granted. If a qualified alien in one of these categories also meets one of the conditions listed above, then SSI can continue beyond the 7- year period. In addition to qualified aliens who must meet a condition for eligibility, there are certain categories of noncitizens who are exempt from the August 22, 1996 laws for noncitizens, and thus are potentially eligible for SSI. These categories include certain Canadian-born American Indians and noncitizen members of a Federally recognized American Indian tribe.

A noncitizen may also be eligible under certain circumstances if the Department of Health and Human Services determines that he or she meets the requirements of the Trafficking Victims Protection Act of 2000.

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. This is also available on the Internet at http://www.socialsecurity.gov/pubs/11051.html

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