Posted on 02/23/2009 7:43:02 AM PST by La Lydia
Under What Circumstances May an Alien Be Eligible for SSI Benefits? An alien may be eligible for SSI benefits if he or she meets the requirements of the laws for non–citizens that went into effect on August 22, 1996. In general, beginning August 22, 1996, most aliens must meet two requirements to be potentially eligible for SSI benefits:
be in a qualified alien category; and
meet a condition that allows qualified aliens to get SSI benefits.
IMPORTANT: An alien must also meet all of the other rules for SSI eligibility-SSI eligibility, including the limits on income and resources, etc.
Who is a Qualified Alien? There are seven categories of qualified aliens. You are a qualified alien if the Department of Homeland Security (DHS) says you are in one of these categories:
Lawfully Admitted for Permanent Residence (LAPR) in the United States, which includes"Amerasian immigrant" as defined in Section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988, as amended;
granted conditional entry under Section 203(a)(7) of the Immigration and Nationality Act (INA) as in effect before April 1, 1980;
paroled into the United States under Section 212(d)(5) of the INA for a period of at least one year;
refugee admitted to the United States under Section 207 of the INA;
granted asylum under Section 208 of the INA;
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; or,
"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 or Haitian entrant" for SSI purposes.
In addition, you can be a “deemed qualified alien” if, under certain circumstances, you, your child or parent has been 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 seven qualified alien categories listed above, you may be eligible for SSI benefits if you also meet one of the following conditions.
1. You were receiving SSI benefits on August 22, 1996, and are lawfully residing in the United States. 2. You are LAPR with 40 qualifying quarters of work.
Work done by your spouse or parent may also count toward the 40 quarters of work, but only for getting SSI benefits.
Quarters of work earned after December 31, 1996, cannot be counted if you, your spouse, or parent who worked, received certain benefits from the U.S. government, based on limited incomeincome and resourcesresources during that period. IMPORTANT: If you entered the United States for the first time on or after August 22, 1996, then you may not be eligible for SSI benefits for the first five years as LAPR even if you have 40 qualifying quarters of coverage.
3. 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.
4. You were lawfully residing in the United States on August 22, 1996 and you are blind or disabled.
5. You may receive SSI benefits for a maximum of seven years from the date DHS granted you a status in one of the following categories, and the status was granted within seven years of filing for SSI benefits:
refugee under Section 207 of the INA;
asylee 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;
"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 or Haitian entrant" for SSI purposes; or
"Amerasian immigrant" 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 benefits 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.
Exemption From the August 26, 1996 Laws for Certain Non–Citizen Indians Certain categories of non–citizens may be eligible for SSI benefits and are not subject to the August 26, 1996 law. These categories include:
American Indians born in Canada, living in the United States under Section 289 of the INA; or
non–citizen members of a federally recognized Indian tribe under Section 4(e) of the Indian Self–Determination and Education Assistance Act.
Additional Eligible Alien Category You may be eligible for SSI benefits under certain circumstances if the Department of Health and Human Services' Office of Refugee ResettlementOffice of Refugee Resettlement (http://www.acf.hhs.gov/programs/orr/) determines that you meet the requirements of the Trafficking Victims Protection Act of 2000.
We Need Proof of Your Immigration Status If you file for SSI benefits, you must give us proof of your immigration status, such as a current DHS Immigration Form I–94, DHS Form I–551 or an order from an immigration judge withholding deportation 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 (DD Form 214) showing an honorable discharge.
Your local Social Security office can tell you what other types of evidence you can submit to prove your alien status.
What if You Have a Sponsor? When you entered the United States, 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 his or her (and his or her spouse's) incomeincome and resourcesresources as your incomeincome and resourcesresources.
Your local Social Security office can give you more information about these rules and how they apply in your case.
Guess we need to notify our representatives of this.
For 2009, the monthly federal benefit rate for SSI is $674.00 not $1011.00.
And illegals cannot qualify for SSI (yet).
This is outrageous! And my son is paying thousands yearly to try to get his wife’s immigration paperwork through so she can become a legal citizen!
Nobody here he could find worth marrying? or they him?
That was catty! You owe an apology.
No I don’t, it was an honest question I’d like to better understand.
Every time this issue comes up we get lots of similar posts that someone married a foreigner and cannot understand the difficulty of bringing them into the “tribe”. It is easier here then for them to move there I can tell you so,
I’d like to understand what is wrong with all the people in the tribe making them unworthy or them unworthy of others.
Soylent Green
In a few months, there will not be any more illegal aliens. The amnesty will cover anyone in the country now plus many others who crash the unguarded borders in the coming months. Family unification will bring hordes more in the coming hears. SSI is only a small part of the welfare showered on new immigrants, especially for elderly parents and relatives of naturalized citizens.
My bad. You are right. The $674 is for a single payee, the $1011 is for a couple, neither of whom worked long enough in this country to qualify for SS. To get the $1011, both grandman AND grampa have to immigrate here (from countries that have no Social Security whatsoever, which is most of the Third World.)
Beat your kids, get SSI.
I remember when a bunch of Haitian refugees landed in the States. The report said 5,000. They also reported that 4,000 immediately went on SSI. Take a look at parts of Miami to see the result. The Cubans, on the other hand, opened up a ton of bodegas and restaurants and got cracking. The Haitians didn't.
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