USCIS to Expedite the Naturalization and Adjustment Applications of SSI Recipients

February 1, 2008

Author: Barbara Weiner

A settlement has been reached in the case of Schmul Kaplan, et al., v. Michael Chertoff, filed in the Eastern District of Pennsylvania, which requires the United States Citizenship and Immigration Service (USCIS) to expedite the applications of refugees, asylees, and other humanitarian based immigrants for permanent residence or naturalization if the applicants are facing the cut-off of their Supplemental Security Income (SSI) benefits because they have come to the end of their period of SSI eligibility.  Kaplan v. Chertoff, Civ. No. 06-5304 (Eastern District, Pennsylvania).  The plaintiffs are represented by Community Legal Services of Philadelphia.

The Kaplan case was filed in December of 2006 to challenge the long delays in the adjustment and naturalization processes that put thousands of elderly and disabled immigrants at risk of losing their federal benefits.  Their dilemma was the consequence of the 1996 federal welfare reform legislation, the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) that denied access to SSI benefits to most lawful residents and provided only limited access to those entering the U.S. as refugees or asylees or in certain other humanitarian based categories (Amerasians, Cuban/Haitian entrants, and victims of trafficking.)  Though refugees and asylees who enter the United States after August 22, 1996 are eligible to receive SSI benefits, their eligibility is limited to their first seven years in status.  If they should fail to naturalize during that period of time, PRWORA requires that their benefits be terminated.  

Before an immigrant is eligible to naturalize, he or she must first adjust status to lawful permanent resident.  Although the naturalization process for refugees and asylees could, theoretically, be completed in 5 or 6 years, in reality it generally requires much longer.  This a consequence not only of the language barriers and disabilities that make jumping citizenship hurdles particularly difficult for elderly and disabled refugees but also because of the tremendous backlog in the processing of applications by USCIS, exacerbated by the even lengthier delays in the required FBI security related clearances all such applications require.  It is this latter issue that the settlement addresses, by providing for expedited processing for refugees and asylees who are, or were, recipients of SSI and who must naturalize in order to continue receiving benefits. 

The major provisions of the settlement are:

• Any non-citizen who is or has been receiving SSI whose benefits have been terminated or are at risk of being terminated prior to a final decision on their current or future citizenship application are class members and so covered under the terms of the settlement.
• Class members may request expedited processing from USCIS for pending applications for citizenship or adjustment of status at any time.  USCIS must institute such processing if six months have elapsed since the filing of their applications without a decision.
• For those requesting expedited processing, USCIS will request that the FBI give priority processing to any pending security checks.
• Applicants requiring appointments must be given the earliest available appointment and, for those waiting to take the Oath of Allegiance, the USCIS will administer or schedule the Oath at the next available opportunity.

The agreement also requires USCIS, through information provided by the Social Security Administration (SSA), to identify individuals whose SSI benefits have been terminated or will be terminated in the near future who have pending adjustment or citizenship applications.  Individuals so identified will have their pending applications expedited.  It is expected that the automatic expedite will take place close to the end of the first year of the settlement agreement.

The settlement also provides for the sending of notices to immigrants identified by SSI as having had their benefits terminated to encourage all who have not yet done so to file applications for adjustment or naturalization.  The notices will inform class members of the availability of fee waivers for adjustment and naturalization applications and for the availability of expedited processing.  Beginning in July of 2008, similar notices will be sent out to those immigrants who face the potential suspension or termination of benefits.  The settlement only requires the notices to go out in English, though they must be accompanied by a paragraph in ten additional languages that advise the person that the letter is important and they should take the letter to someone who can translate it for them.

Once the settlement is approved by the Court, class members with pending applications who are currently receiving or who have received SSI benefits can call the USCIS “1-800 number” (1-800-375-5283) and request expedited processing.           

Individuals can also make a request in writing or go to their local USCIS office.  If there is no response from USCIS within 45 days of the request for expedited processing having been made, or an unsatisfactory response, class members can contact class counsel, Community Legal Services, Inc., of Philadelphia, (CLS) for assistance.   

A fairness hearing is scheduled for February 29, 2008.  It is expected that the Court will agree to the settlement and enter an Order of Judgment.  The duration of the terms of the settlement agreement will be two years and eleven months from that date it is approved by the Court.  Advocates who currently have clients with pending naturalization or adjustment applications who have lost or are about to lose their SSI benefits can call the USCIS 1-800 number to request expedited processing under Kaplan, starting now.  Contact Jonathan Stein of CLS if you have questions or encounter difficulties with USCIS in making the request.