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.

I was at the eye doctor yesterday and my doctor asked me whether or not immigrants can receive Medicaid. This is a question I hear a lot. The answer to the question depends on a person's legal status in the United States, the date he or she entered the United States and the person's income.

Medicaid is a joint federal-state program that provides health insurance coverage to certain categories of low-income individuals, including children, pregnant women, parents of eligible children, seniors and people with disabilities. Each state administers its own Medicaid program. In California, the name of the program is Medi-Cal. In general, it is a program for people who have limited income and no health insurance or poor health insurance. There are various criteria for eligibility including age, pregnancy, disability, blindness, income and resources, and one's status in the United States. This blog post will focus on the legal status aspect.

First, in order to receive Medicaid, you have to be what is called a "qualified immigrant." Qualified immigrants include the following: 1) lawful permanent residents (green card holders); 2) refugees, asylees, persons granted withholding of deportation/removal, conditional entry (in effect prior to April 1, 1980), or paroled into the United States for at least one year; 3) Cuban/Haitian entrants; 4) battered spouses and children with a pending or approved a) self-petition for an immigrant visa, or b) immigrant visa filed for a spouse or child by a U.S. Citizen or lawful permanent resident, or c) applicant for cancellation of removal/suspension of deportation, whose need for benefits has a substantial connection to the battery or cruelty. A parent/child of a battered child/spouse are also "qualified." Victims of trafficking are not included in the "qualified" definition but they and their derivative beneficiaries are eligible for benefits funded or administered by federal agencies, without regard to their immigration status. Any non-citizen who does not fall under one of those preceding categories would not be eligible for Medicaid.

Continue reading "Can immigrants receive Medicaid?" »

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.

Continue reading "New law extends SSI eligibility for asylees and refugees " »