SSI Eligibility Issues for Non-US Citizens

Supplemental Security Income (SSI) program is a federal income supplement program designed to help the elderly, the disabled and children and to augment the needs of those who have limited income or have no resources at all. It also enables beneficiaries to be eligible for food stamps and in some cases, as an application for food assistance.

Funding SSI

SSI benefits are funded by general tax revenues and not by social security taxes. This social security benefit is not based on one’s prior work or a family member's prior work and the amount that one paid into the program, but rather based on need. SSI benefits are paid to eligible people only, not to family members or survivors, which is often determined by federal criteria.

Determining SSI Amount

The amount of social security SSI benefits a claimant may receive will depend on the beneficiary's income and factors such as whether the person lives alone, with others, in the household of another, or in a residential care facility. SSI programs take into consideration the income and resources of individuals and families to establish the amount of aid provided to beneficiaries.

Do Non-Citizens Qualify for SSI?

When applying for SSI, your monthly income must not exceed the federal benefit rate (FBR), which is set by law. Can Non-Citizens Receive SSI Benefits? Non-US citizens or aliens can still receive Supplemental Security Income benefits, provided they meet the alien eligibility criteria under the 1996 legislation and its amendments. For a non-citizen to become eligible for SSI benefits, he/she must meet some important requirements:

1. The person must be in the qualified alien category
2. The person must meet certain conditions that would allow qualified aliens to receive benefits after completing the SSI form.
3. A non–citizen must also meet all of the other requirements for SSI eligibility, including the limits on income, resources, etc.

Who are Considered "Qualified Aliens"?

Non-citizens who are qualified aliens fall under seven categories as defined by the Department of Homeland Security (DHS):

1. Those who are granted conditional entry under Section 203(a)(7) of the Immigration and Nationality Act(INA) before April 1, 1980
2. Lawfully Admitted for Permanent Residence (LAPR) in the US, including "Amerasian immigrant", as defined in section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988 (as amended)
3. Non-citizens who are paroled into the US under section 212(d)(5) of the INA for at least one year
4. Refugees who are admitted to the US under Section 207 of the INA
5. Non-citizens who were granted asylum under Section 208 of the INA
6. Those whose deportation is being withheld under section 243(h) of the INA as in effect before April 1, 1997, whose removal is being withheld under section 241(b)(3) of the INA
7. Cuban or Haitian entrants 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

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.

Conditions that Allow a Qualified Alien to become Eligible for SSI benefits

Qualified aliens as categorized earlier are entitled to receive an SSI check as well as other benefits if they also meet the following conditions:

1. The qualified alien is lawfully residing in the US on August 22, 1996 (what do you mean? Did you mean since August 22?) and he/she is blind or disabled.
2. If the person is receiving SSI and lawfully residing in the U.S. on August 22, 1996 (did you mean since august 22?).
3. If the person is LAPR with 40 qualifying quarters of work. The work done by one’s spouse or parents may count, but only for getting SSI. However the quarters of work earned after December 31, 1996 will not be counted if you, your spouse or your parent(s) worked or received benefits based on limited income and resources during that period.
4. A qualified alien who is currently on active duty in the US Armed Forces or an honorably discharged veteran, if the reason for discharge is not because you are an alien. This condition also applies to spouses, widows or dependent children of certain US military personnel.

If the person is granted qualified alien status, he may receive SSI income and benefits for seven years from the date DHS granted his/her status in any of the categories, and the status was granted within seven years of filing for SSI. A qualified alien may be eligible for SSI beyond the seven year period if he/she is in one of these categories, and he/she also meets one of the other conditions (1–4) above or if he/she qualifies for a two year extension under P.L. 110-328 enacted on 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

However, non-citizens, like American Indians born in Canada and admitted to the US under section 289 of INA, and members of a federally-recognized Indian tribe who fall under section 4(e) of the Indian Self-Determination and Education Assistance Act, may be eligible for SSI but are not subject to the 1996 law.

Additional eligible alien categories also include the following:

1. Human trafficking victims are eligible to receive SSI benefits under the Trafficking Victims Protection Act as determined by the Department of Health and Human Services Office and DHS
2. Iraqi/ Afghan immigrants who were admitted to the United States under P.L. 110–161 or P.L. 110–181, enacted on December 26, 2007.

• This article is provided for informational purposes only. If you need help with an Social Security question, click here to consult with a Rodney Mesriani or a Social Security lawyer in your area.