SSI Eligibility for Refugees and Other Humanitarian Based Immigrants

Extended from Seven to Nine Years

October 1, 2008

Author: Barbara Weiner

Under the "SSI Extension for Elderly and Disabled Refugees Act", H.R. 2608, the eligibility of refugees, asylees, victims of trafficking and other classifications of humanitarian immigrants for Supplemental Security Income (SSI) benefits is now nine years rather than seven.  Humanitarian based immigrants are among the very few immigrants entering the United States after August 22, 2008 who are eligible for SSI benefits. 

Humanitarian immigrants whose SSI benefits have already been terminated because of the seven year limitation on eligibility will now have the opportunity to receive an additional two years of benefits.  The rationale behind the extension is to give the humanitarian based immigrant an additional two years in which to attain citizenship.  The new law is effective October 1, 2008.  Implementation of the law by the Social Security Administration, however, remains to be worked out.

To be eligible for an additional two years of SSI benefits, the immigrant must meet one of the following conditions:

• Be under 18 years old or over 70, OR
• Have been a lawful permanent resident (green card holder) for less than 6 years, OR
• Have applied for lawful permanent resident status within four years after beginning to receive SSI benefits, OR
• Have been receiving benefits under the status of Cuban/Haitian entrant, OR
• Have been receiving SSI as an immigrant granted withholding of deportation, OR
• Have a pending application for citizenship.

With the exception of SSI recipients who are under 18 years old, those immigrants whose benefits were terminated or suspended and who are seeking the two year extension must certify to the Social Security Administration that they are making a good faith effort to pursue citizenship.  If when the second year of extended eligibility expires the SSI recipient has still not naturalized, benefits can be extended into a third year provided that the SSI recipient has an application for citizenship pending.

While the details of the implementation of the SSI extension amendments have not yet been finalized, it is expected that for those who lost benefits within the preceding twelve months prior to the application for extension will have their benefits reinstated the following month.  Those immigrants 65 or older whose benefits were terminated or suspended for more than 12 months will likely have to file a new application but their benefits should be expedited.  Immigrants who had received SSI based on a disability and whose benefits were terminated more than 12 months earlier will not only have to file a new application but will also probably have to prove that they are still disabled.