|UNDER WHAT CIRCUMSTANCES may A NONCITIZEN be ELIGIBLE for SSI? A noncitizen (also called an "alien" for immigration purposes) may be eligible because that Supplemental Security income (SSI) if that or she meets the needs of the laws for noncitizens that went into result on August22,1996. In general, beginning August22,1996, most noncitizens must fulfill two demands to be potentially eligible because that SSI: |
be in a qualified alien category; and
meet a condition that permits qualified aliens to obtain SSI.
IMPORTANT: A noncitizen must additionally meet every one of the other rules for SSI eligibility, consisting of the boundaries on income and resources, etc.
|WHO IS A QUALIFIED ALIEN? |
There room 7 category of default aliens. You are a qualified extraterrestrial if the room of Homeland security (DHS) claims you are in one of these categories:legit Admitted for permanent Residence (LAPR) in the U.S., i m sorry includes"Amerasian immigrant" as identified in P.L. 100-202, v a class of join AM-1 v AM-8; Granted conditional entry under Section203(a)(7) the the Immigration and Nationality act (INA) together in effect prior to April1,1980; Paroled into the U.S. Under Section212(d)(5) that the INA because that a period of at least oneyear; refugees admitted to the U.S. Under Section207 of the INA; Granted asylum under Section208 of the INA; Deportation is being withheld under Section243(h) that the INA, as in effect before April1,1997; or removed is gift withheld under Section241(b)(3) the the INA; A "Cuban and Haitian entrant" as defined in Section501(e) the the Refugee education and learning Assistance Actof1980 or in a status that is to be treated as a "Cuban/ Haitian entrant" for SSI purposes.
In addition, you have the right to be a “deemed standard alien” if, under particular circumstances, you, your boy or parent were subjected to battery or excessive cruelty through a household member when in the united States.
|UNDER WHAT problems MAY A "QUALIFIED ALIEN" be ELIGIBLE because that SSI BENEFITS?|
If you room in one of the 7 "qualified alien" categories provided above, you may be eligible for SSI if you likewise meet among the complying with conditions:You were receiving SSI and lawfully residing in the U.S. Top top August22,1996.You room LAPR through 40qualifying soldier of work.
job-related done by your spouse or parent may additionally count towards the 40quarters the work, yet only for gaining SSI.
soldier of occupational earned ~ December31,1996, can not be counting if you, your spouse, or parent who worked, received specific benefits native the United says government, based on limited income and also resources throughout that period.
IMPORTANT: If you gotten in the United claims on or after ~ August22,1996, then you might not be eligible for SSI because that the an initial fiveyears together an LAPR also if you have 40qualifying quarters of coverage.
You are right now on active duty in the U.S. Equipped Forces or you room an honorably discharged veteran and your discharge is not due to the fact that you room an alien. This problem may additionally apply if you are the spouse, widow(er), or dependent kid of specific U.S. Armed forces personnel.You to be lawfully resident in the U.S. ~ above August22,1996 and you room blind or disabled.You may receive SSI for a best of 7 year from the date DHS granted you immigration status in one of the following categories, and also the standing was granted within 7 years of filing for SSI:
refugee under Section207 the the INA;
Asylee under Section208 of the INA;
alien whose deportation to be withheld under Section243(h) the the INA or whose removal is withheld under Section241(b)(3) that the INA;
"Cuban or Haitian entrant" under Section501(e) the the Refugee education Assistance Actof1980 or in a standing that is to be treated as a "Cuban/ Haitian entrant" for SSI purposes; or
"Amerasian immigrant" pursuant to P.L. 100-202, through a class of join of AM-1 v AM-8.
For functions of SSI eligibility, individuals are not taken into consideration qualified aliens if they were admitted to the U.S. Under the provisions that the victim of Trafficking and Violence protection Act the 2000. Your eligibility is topic to the appropriate certification in such standing by the U.S. Room of Health and Human Services and possession of a valid "T" non-immigrant visa. When the extraterrestrial obtains suitable certification and also is in possession of a "T" non-immigrant visa, the or she becomes perhaps eligible for SSI.
Certain categories of noncitizens may be eligible because that SSI and are not subject to the August26,1996 law. This categories include:
American ind born in Canada that were admitted to the U.S. Under ar 289 the the Immigration and Nationality Act; or
noncitizen members the a federally well-known Indian people under Section4(e) of the Indian Self–Determination and Education assistance Act.
Victims the Severe develops of person trafficking: You might be eligible because that SSI under certain circumstances if the department of Health and also Human Services’ Office of refugees Resettlement (http://www.acf.hhs.gov/programs/orr/) and the room of Homeland security determines that you fulfill the demands of the smuggling Victims protection Act that 2000.
Special eligibility for nationals the Iraq or Afghanistan:If you room an Iraqi or Afghan nationwide who was admitted come the U.S. As a distinct immigrant, you may qualify for 7 year of SSI benefits if you offered as a translator/interpreter because that the U.S. Armed Forces in Iraq or Afghanistan or if you operated for the U.S. Federal government in Iraq.
If you apply for SSI benefits, you must give us proof of your immigrant status, such together a present DHS admission/departure form I-94, type I-551 or an order from an immigration judge mirroring withholding of remove or giving asylum.
If you have actually served in the U.S. Equipped Forces, girlfriend may additionally need to offer us evidence of military company such together U.S. Army discharge documents (DDForm214) reflecting an honorable discharge.
Your local Social protection office can tell friend what other varieties of proof you deserve to submit to prove her alien status.
When you entered the U.S., you may have had actually someone sign an commitment with DHS to carry out support for you. We call this covenant an affidavit that support, and also we contact the human being who signs it your sponsor. If you have actually a sponsor, we usually will counting his or her (and his or her spouse"s) income and also resources together your income and also resources. Your local Social protection office can offer you an ext information about these rules and how they use in her case.
You can get an ext information around becoming a U.S. Citizens by creating or visiting the U.S. Citizenship and Immigration solutions website in ~ www.uscis.gov or calling 1-800-870-3676 to get an application package because that naturalization (DHS kind N-400).
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THIS info IS GENERAL.FOR much more INFORMATION, contact 1–800–772–1213 (TTY 1–800–325–0778),VISIT our WEBSITE (www.buzzpatterson.com) top top THE INTERNET,OR contact YOUR neighborhood SOCIAL protection OFFICE.