California Immigration Lawyer Blog

Last weekend I spoke at a conference for Social Security attorneys along with my colleague, David Wright. Our talk was about immigration issues that arise when representing applicants for SSI and/or SSDI. We gave examples from our own cases and discussed issues such as refugees applying for SSI, temporary residents applying for SSDI and the pitfalls that can occur when permanent residents apply for disability. There have been some recent changes to eligibility for SSI by certain groups of immigrants and we highlighted those changes.

You may find a copy of our written materials on my blog here.

Attorneys were interested in our presentation and now know some of the questions they should ask their clients before taking on representation.

Effective today, a new law extends SSI eligibility for an additional two years to asylees, refugees, persons granted withholding of removal and other humanitarian immigrants. This law will benefit many people who had been cut off of SSI because they were not citizens.

If you lost SSI because you were not a citizen within seven years, you may now receive an additional two years if you meet one of the following conditions:

1. You are under 18 years old or over 70 years old; OR
2. You have been a lawful permanent resident (green card holder) for less than six years; OR
3. You applied for lawful permanent residence within four years after you started receiving SSI: OR
4. You are or were granted status as a Cuban Haitian Entrant; OR
5. You have been granted withholding of removal; OR
6. You have a pending application for citizenship but you are not yet an American citizen.

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