Appendix 7a Immigrant Eligibility for Benefit Programs Chart

• Library: Rights of Foreign Nationals (OSBar) (2020 Ed.)

Appendix 7A Immigrant Eligibility for Benefit Programs Chart

Notes:

1. "Non-humanitarian" LPRs who began lawfully residing in the U.S. before August 22, 1996, are eligible for SSI if they (a) began receiving SSI (or had an application pending) before August 22, 1996; (b) have a qualifying disability; or (c) can be credited with 40 quarters of work. Work that a spouse or parent performs may count toward the 40 credits for SSI purposes. Quarters earned as of January 1, 1997, cannot be counted if the worker received a federal benefit during that quarter, including SSI, SNAP, or TANF.

LPRs and battered persons under VAWA who began lawfully residing in the U.S. after August 22, 1996, are eligible for SSI only if they (a) can be credited with 40 quarters of work (but must wait five years after entry before applying); or (b) are veterans, are in active military duty, or are spouses or children of veterans or active-duty military personnel.

Permanent residents who have adjusted from "humanitarian" categories, such as refugee, maintain SSI eligibility under the rules pertaining to humanitarian categories, which are less restrictive (i.e., there is no five-year waiting period), even after they adjust to LPR.

2. These immigrants are eligible for seven years; however, they maintain this eligibility even after adjusting to LPR status, and once they are LPRs, no seven-year time limit applies.

3. To qualify for food stamps, the immigrant must meet one of the following requirements: (a) have a military connection as described in Note 1, (b) have a qualifying disability, (c) be under age 18, or (d) have held qualified status for five years or longer.

4. These immigrants remain eligible if they applied for Social Security before December 1, 1996, and are not under final orders of deportation.

5. A valid Social Security number is required to claim the deferral.

6. Eligibility for unemployment is based on the immigrant's status at the time of base-period earnings. During the base-period earnings, the immigrant must have had work authorization or been in PRUCOL status. The Department of Labor uses a restrictive definition of PRUCOL. Furthermore, the Department of Labor takes the position that in order to be considered "available" to work (a requirement to receive unemployment), the immigrant must be authorized to work at the time of application and during the receipt of benefits. Advocates have had some success expanding the definition. Please refer denials on these bases to...