Social Security Benefits for Immigrants: The 7-Year Rule You Need to Know About

Every month, millions of people in the United States receive Social Security payments thanks to programs such as Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). The latter (SSI) is designed to support people over 65, people with disabilities, and those individuals with very limited resources (regardless of age).

On the other hand, migrants can also qualify for this payment, although with other conditions (since, if they are non-regularized migrants, they have not contributed to the Administration as such), but, for them, there are special conditions, which are known as “the 7-year rule.”

Below, we will explain what this rule consists of and how the selection process works.

What does this rule consist of?

This rule allows some migrants to receive Social Security benefits (specifically SSI) for a certain period, due to the restrictions associated with the immigration status of the individual who requests it. To request this payment, the Department of Homeland Security (DHS) has established defined categories that must be met:

1. Permanent resident (legally admitted)
2. Refugee or asylum seeker in the United States
3. The person under parole or humanitarian temporary stay permit
4. Amerasian migrants are admitted as special Afghan or Iraqi migrants.
5. Cuban or Haitian participant.
6. A person who is on a humanitarian temporary stay.
7. Admitted as a person with a Ukrainian humanitarian temporary stay permit.

In addition, you must meet at least one of the following requirements:

• You must have been legally living in the U.S. since August 22, 1996, and have developed a disability.
• You must have been receiving SSI benefits since August 22, 1996.
• You must have 40 accumulated work credits, which may include those of your spouse or parent.
• You must have been a member of the U.S. Armed Forces or the spouse or dependent of a veteran of the armed forces.
• You must be an American Indian born in Canada.
• A non-citizen member of a federally recognized Indian tribe
• You must have been a victim of human trafficking.

How much will be paid monthly?

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For these migrants who request the payment, the money received will be $943 for individuals and up to $1415 for couples. But remember that this payment is limited to only 7 years.

The SSA, put a “time limit” to cover the basic needs of these people while they work to fix their immigration status or complete their naturalization process.

Why is the 7-year rule important?

The 7-year rule gives immigrants a chance to stabilize financially while they move forward with their own processes. However, it also underscores the need to carefully plan these expenses, since the benefits are temporary and have an expiration date.

If you need more information about this payment, visit the official website of the Social Security Administration

What happens when the 7 years of payments end?

When the end of those 7 years is approaching, the SSA sends a notification to the beneficiary with the exact date on which payments will stop being issued.

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There are two keys for beneficiaries from here:

1. Accelerate their immigration processes towards naturalization (form N-400 and form I-485).
2. They can request an exemption from the costs of these procedures.

How to apply for SSI for immigrants

We will detail what you have to do as an immigrant to request this payment:

1. Make sure you are in one of the immigration categories mentioned above and meet at least one of the additional requirements.
2. Gather the necessary documentation: You will need proof of your immigration status (a permanent residence card or asylum documents).
3. Evidence of income and financial resources.
4. Medical certificates if you are applying for disability or blindness.
5. Work records, including those of your spouse or parents, if you are looking to use their work credits.
6. Schedule an appointment at the nearest SSA office to submit your application.
7. There you will have to complete the SSA-8000 document (this form collects information about your income, resources, and immigration status).
8. The SSA will review your application and decide on your application.

If approved, you will receive information about payments and your obligations as a beneficiary (such as reporting any changes in your income or immigration status). So, we wish you the best of luck in your immigration process and your application for the SSA!