Special Considerations for Immigration and Residency: SSI for Non-Citizens

SSI Eligibility for Non-Citizens

1. Be in a qualified alien category; and
2. Meet a condition that allows qualified aliens to get SSI

Who is a Qualified Alien?

1. Lawfully Admitted for Permanent Residence (LAPR) in the U.S., which includes "Amerasian immigrant" as defined in P.L. 100-202, with a class of admission AM-1 through AM-8;
2. Granted conditional entry under Section 203(a)(7) of the Immigration and Nationality Act (INA) as in effect before April 1, 1980
3.  Paroled into the U.S. under Section 212(d)(5) of the INA for a period of at least one year
4.  Admitted to the U.S. as a refugee* under Section 207 of the INA
5.  Granted asylum* under Section 208 of the INA*
6.  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
7. A "Cuban and Haitian entrant" as defined in 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.

*Who is a Refugee or Asylee?

• Persecution or the fear thereof must be based on the individual's race, religion, nationality, membership in a particular social group, or political opinion
• Refugees and asylees are eligible to adjust to lawful permanent resident status after one year of continuous presence in the United States
• All refugees and asylees have employment authorization based on their status

Deemed Qualified Alien

Individuals can be a “deemed qualified alien” if, under certain circumstances, they, their child, or their parent were subjected to battery or extreme cruelty by a family member while in the United States.

• Applicants will need to know that this question about battery and cruelty will be asked and may need help in talking about their experiences
  • Question 13(a) on the SSA-8000 (SSI application) is the first question about this issue
  • Question 13(b) on the SSA-8000 addresses whether a formal petition has been submitted with DHS for a change in immigration status because of battery or cruelty
• SSA should be consulted regarding how to proceed to assist an applicant more fully in this area

Under what Conditions may a Qualified Alien be eligible for SSI benefits?

Immigrants eligible indefinitely for benefits

1. Those who were receiving SSI and lawfully residing in the U.S. on August 22, 1996
2. Qualified aliens who are LAPR with 40 qualifying quarters of work.
   • Work done by their spouse or parent may also count toward the 40 quarters of work, but only for getting SSI.
   • Quarters of work earned after December 31, 1996, cannot be counted if the individual, spouse, or parent who worked, received certain benefits from the United States government, based on limited income and resources during that period.
   • NOTE: Individuals who entered the United States on or after August 22, 1996, may not be eligible for SSI for the first five years as an LAPR even if they have 40 qualifying quarters of coverage. There are some exceptions to this, including American Indians born in Canada and noncitizen members of a federally recognized Indian tribe. Contact SSA if the applicant is within the first five years as an LAPR.
3. Qualified aliens who are currently on active duty in the U.S. Armed Forces or who are honorably discharged veterans and the discharge was not because they are an alien. This condition may also apply to the spouse, widow(er), or dependent child of certain U.S. military personnel.
4. Those who were lawfully residing in the U.S. on August 22, 1996, and are blind or develop a disability.

Immigrants eligible for up to seven years of benefits (after immigration status is obtained)

Qualified aliens may receive SSI for a maximum of 7 years from the date DHS granted the immigration status in one of the following categories, and the status was granted within 7 years of filing for SSI:

• Refugee under Section 207 of the INA;
• Asylee under Section 208 of the INA;
• Noncitizen 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" pursuant to P.L. 100-202, with a class of admission of AM-1 through AM-8.

Additional Eligible Noncitizen Categories

Victims of Severe Forms of Human Trafficking:

May be eligible for SSI under certain circumstances if the Department of Health and Human Services’ Office of Refugee Resettlement and DHS determines that he/she meets the requirements of the Trafficking Victims Protection Act of 2000.

Iraq and Afghanistan Special Immigrants:

Iraqi or Afghan nationals who were admitted to the U.S. as special immigrants may qualify for seven years of SSI benefits if they served as a translator/interpreter for the U.S. Armed Forces in Iraq or Afghanistan or if they worked for the U.S. government in Iraq.

Afghan humanitarian parolee or Afghan Non-Special Immigrant Parolee:

Afghan humanitarian parolees or Afghan non-special immigrant parolees may qualify for SSI.  On September 30, 2021, Congress passed the Afghanistan Supplemental Appropriations Act, 2022 (Public Law 117-43) and Section 2502 of this legislation provides that Afghan humanitarian parolees, known as Non-Special Immigrant Parolees, may qualify for SSI until March 31, 2023, or until the end of their parole period, whichever is later.

Ukrainian humanitarian parolee:  

Ukraine humanitarian parolees may qualify for SSI until the end of their parole period if they were paroled between February 24, 2022 and September 30, 2023 (or paroled after September 30, 2023, if they are the spouse or child of such an individual).

Additional Resources

SSA Translator Services

SSA Website

• Spotlight on SSI Benefits for Aliens, 2023 Edition
• Supplemental Security Income (SSI) for Non-Citizens
• Temporary Extension of SSI Benefits for Some Noncitizens