421-7 SSI ALIEN STATUS REQUIREMENTS

421-7 SSI ALIEN STATUS REQUIREMENTS

Alien status requirements for the SSI program may be more restrictive than those of the APA program. Because of this, there will be situations where an alien will meet the alien status requirements of the APA program, but not SSI . If it appears an individual will not be eligible for SSI because of their alien status, do not refer that person to apply for SSI . The individual may qualify for APA if all other APA eligibility requirements except for SSI eligibility are met.

Aliens who appear eligible for SSI must be referred to apply for SSI . Any alien who meets SSI alien status requirements will also be considered to have met the alien status requirements for APA .

The following categories of qualified aliens may be eligible for SSI :

421-7 A. QUALIFIED ALIENS ELIGIBLE FOR SSI WITHOUT RESTRICTIONS

These aliens are not subject to either the seven-year time limit or the five-year waiting period described in B. and C. below.

An alien lawfully residing in the U.S. and receiving SSI benefits on August 22, 1996;

An alien lawfully residing in the U.S. on August 22, 1996 who is blind or disabled;

An alien lawfully residing in the U.S. before August 22, 1996 who can be credited with 40 quarters of coverage under the Social Security Insurance system;

U.S. military veterans or active-duty military, their spouses, and dependent children;

A battered spouse or child of a U.S. Citizen or permanent legal resident who is a military veteran or active-duty military; or

An American Indian born in Canada or a non-citizen member of a Federally recognized Indian tribes.

421-7 B. QUALIFIED ALIENS LIMITED TO SEVEN YEARS OF SSI ELIGIBILITY

SSI eligibility for these aliens is limited to a maximum of seven years.

An alien admitted as a refugee under section 207 of the Immigration and Nationality Act ( INA ) for seven years from their date of admission or the date refugee status was granted;

An alien granted asylum under section 208 of the INA for seven years from their date of admission;

An alien whose deportation has been withheld under section 243(h) of the INA as in effect prior to April 1, 1997, or whose removal has been withheld under section 241(b)(3) of the INA , for seven years after the date deportation or removal is withheld;

A Cuban or Haitian entrant for seven years after their date of admission;

An alien who is an Amerasian immigrant for seven years after their date of admission.

421-7 C. QUALIFIED ALIENS WHO MUST SERVE A FIVE-YEAR WAITING PERIOD

These aliens must serve a five-year waiting period before they can qualify for SSI .

An alien lawfully admitted for permanent residence in the U.S. after August 22, 1996 if the individual can be credited with 40 quarters of coverage under the Social Security Insurance system.