Temporary Extension of SSI Benefits for Some Noncitizens

Two-Year SSI Extension for Elderly And Disabled Refugees

On September 30, 2008, the Supplemental Security Income (SSI) Extension for Elderly and Disabled Refugees Act was signed into law (P.L. 110-328). This law provides for up to two years of additional benefits for certain SSI recipients who had their benefits terminated due to the seven-year time limit.

The seven-year SSI eligibility period for refugees, asylees, and certain other humanitarian immigrants (including victims of human trafficking) is extended up to two years, or three years for certain individuals during the period October 1, 2008 through September 30, 2011. To qualify, otherwise eligible noncitizens are required to sign a declaration indicating that they have made a good faith effort to pursue U.S. citizenship unless they are under age 18 or have an application for naturalization that is pending or has been approved.

If all SSI eligibility requirements are met, the two-year extension may apply retroactively to noncitizens whose SSI previously ceased due to the expiration of the seven-year period, but not earlier than October 1, 2008 even if all eligibility factors are met before that date. 

Which Noncitizens Are Eligible?

• Noncitizens who have been lawful permanent residents for less than six consecutive years, as verified by the Department of Homeland Security;

• Noncitizens who have applied to become lawful permanent residents within four years from the date they began to receive SSI, as verified by the Department of Homeland Security;

• Cuban and Haitian entrants, as defined in section 501(e) of the Refugee Education Assistance Act of 1980;

• Noncitizens who have had their deportation withheld by the Secretary of Homeland Security under section 243(h) of the Immigration and Nationality Act (as in effect on December 31, 1996) or whose removal is withheld under section 241(b)(3) of such Act; and

• Noncitizens who are younger than age 18, or age 70 or older.

The law also exempts from the time-limited SSI eligibility period (during the three-year window of October 1, 2008 through September 30, 2011) certain noncitizens if they have naturalization applications pending or if they are awaiting the citizenship swearing-in ceremony, as verified by the Department of Homeland Security. This exemption also applies to individuals with applications pending with the U. S. Citizen and Immigration Service (USCIS) who were previously rendered ineligible due to expiration of the seven-year period.

The benefit extension is effective from October 1, 2008 to September 30, 2011. After this date, noncitizen eligibility reverts to seven years.

Kaplan vs. Chertoff Settlement Applies To Some Noncitizens

Individuals who qualify for the extension may also be eligible for new provisions provided by the Kaplan settlement.

If you have a pending application for naturalization (Form N-400) or adjustment of status (Form I-485), you (or your representative) may request expedited processing from USCIS. Be sure to tell them that you receive SSI. You may apply for a waiver of the application fee by contacting USCIS. If you are eligible for naturalization or adjustment of status but have not filed an application with USCIS, we encourage you to do so.

If you have difficulty getting your immigration case expedited, you may contact Community Legal Services, Inc. of Philadelphia at 1-800-889-4369.