Some Immigrants are Eligible for SSI benefits


Over thirty-seven million legal immigrants live in the United States today.

Very few of these immigrants are eligible for Supplemental Security Income (SSI) benefits. Only immigrants who meet very specific immigration status requirements and are unable to work are eligible.

The chart below was created to help you navigate those requirements and determine whether you may be eligible for benefits. Here?s how to use it:

  • Find your immigrant category or status in the righthand column.
  • Look at the corresponding column on the left to determine your eligibility requirements.
  • If you meet the eligibility requirements on the left and are unable to work due to a medical condition, you may qualify for SSI benefits.

Immigrant Status

Eligibility

  • Lawful Permanent Resident
  • Immigrants who have been paroled for a period of at least 1 year (?parolee?) for the public good or humanitarian reasons
  • Victims of abuse, battery, or extreme cruelty by a family member while residing in the United States (VAWA self-petitioners and LPR?s who have been abused)
  • Hmong and Highland Laotians
  • Children (under age 18) of a LPR or parolee (for at least 1 yr)
Can receive SSI if:

  • received SSI or had an application pending on August 22, 1996
  • lawfully resided in the United States on August 22, 1996 and is disabled; or
  • A lawful permanent resident with 40 quarters of work and has lived in the U.S. as a ?qualified migrant? for five years.*
  • Refugees
  • Asylees
  • Cuban and Haitian Entrants
  • Immigrants granted withholding of deportation of removal
  • Amerasian immigrants
  • Iraqi and Afghan Special Immigrant Visa holders (military interpreters and their families)
Can receive SSI if:

  • received SSI or had application pending on August 22, 1996
  • Lawfully resided in the United States on August 22, 1996, and is disabled, or
  • A lawful permanent resident credited with forty quarters of work

OTHERWISE – only eligible for SSI for seven years after granted immigrant status unless extended by Congress.

  • Victims of human trafficking
  • (T-Visa)
Eligible for SSI:

  • Adults: Must meet certain qualifications of the Trafficking Victims Protection Act of 2000. Once certified by the Department of Health and Human services, visa holders must apply for SSI benefits in the same manner as refugees.
  • Child victims automatically qualify to apply for benefits.
  • Lawfully residing Veteran, active-duty service member, spouse, and dependent children.
Eligible if considered a ?qualified immigrant.?*Veteran must have been honorably discharged for reasons other than non-citizen/alien status
  • Non-immigrant (tourist, student)
  • Undocumented
  • Immigrant permanently residing in U.S. under color of law (Includes U-Visa holders)
Not eligible

*As of August 22, 1996, qualified immigrants are defined as:

  • Lawful Permanent Residents
  • Parolee for at least one year
  • Conditional entrant (category no longer in use after 1980; treated the same as a refugee today)
  • Refugees and Asylees
  • Cuban and Haitian entrants
  • Deportation or removal withheld for certain reasons
  • Certain abused non-citizens and their children and parents

Certain Canadian-born American Indians and non-citizen members of federally recognized American Indian tribes may also be eligible for SSI.

Be aware: Sponsor resources can make immigrants ineligible for SSI benefits. (There are exceptions for immigrants who are victims of abuse so that they can obtain means-tested public benefits.) Social Security can count (?deem?) the income of sponsors against immigrants when determining whether they meet financial eligibility requirements for SSI benefits. When a legal permanent resident (LPR) applies for SSI, the resources and support from the sponsor are considered in their initial eligibility determination. This is true regardless of whether an immigrant lives with the sponsor in the same household.

If the immigrant was sponsored by an organization, such as a church or service club, or an employer who does not sign an affidavit of support but only guarantees employment, deeming does not apply. Additional instances and specific rules about when deeming may apply can be found on the Social Security website.

HELPFUL LINKS

You can find more information about immigrants and SSI at these websites: