Are Immigrants Eligible for SSI Benefits?

Over thirty-seven million legal immigrants live in the United States today; approximately one million people become Legal Permanent Residents every year. The government provides Supplemental Security Income to legal immigrants who are unable to work.

As an immigrant, you must be in one of seven “qualified alien” categories to be eligible for Supplemental Security Income (SSI) benefits. If you're not sure if you fit into one of these categories, a Social Security attorney can look at your immigration paperwork to help you figure it out. The categories are:

1. Lawfully Admitted for Permanent Residence (LAPR)
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 US under Section 212(d)(5) of the INA for a period of at least a year
4. Refugee admitted to the United States 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. “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

You may also be eligible to apply for SSI benefits if you:

1. suffered battery or extreme cruelty from a family member while in the United States (also true if your parent or child suffered this treatment)
2. are an American Indian born in Canada and admitted to the US under Section 289 of the INA
3. are a non-citizen member of a federally recognized Indian tribe under Section 4(e) of the Indian Self-Determination and Education Assistance Act
4. are considered a Victim of Severe Forms of Human Trafficking
5. are an Iraq/Afghan national admitted to the US under Section 101(a)(27) of the INA and served as a translator/interpreter or worked for the US government in Iraq

If you're considered eligible to apply, the next step is deciding whether or not you qualify for SSI benefits. The basic qualifications are that:

1. you are over the age of 65 OR you are blind OR you are disabled
2. you have limited income (money earned or received, free food, free shelter)
3. you have limited resources (savings, property, insurance, etc.)

The most difficult part of this is figuring out whether or not you are disabled. The Social Security Administration has two basic criteria for disability:

1. you are unable to perform “substantial gainful activity”, AND
2. your condition has lasted/is expected to last at least 12 consecutive months OR your condition is expected to cause your death

A disabling condition is not necessarily physical; many refugees and asylum-seekers suffer from disabling mental conditions like post-traumatic stress.

Improving Your Chances for Obtaining Benefits

1. See a doctor regularly and comply with the treatment your doctor prescribes so that your doctor can support your application for benefits.
2. Use a calendar to jot down notes about how you feel each day.
3. Record any of your usual activities you are not able to do on any given day.
4. Ask your doctor or other health care professional to track the course of your symptoms and to keep a record of any evidence of fatigue, depression, forgetfulness, dizziness, or other hard-to-document symptoms.
5. Keep records of how your illness affected you on the job, if you are working.

Helpful Links

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

1. US Social Security Administration's page about SSI benefits for non-citizens.
2. The Immigrant and Refugee Community Organization in Portland.