The Bainbridge Firm, LLC
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Toll Free: 800-762-1612

Columbus : 614-545-9990

Portsmouth : 740-353-7548

Ironton :740-532-9772

Marion : 740-387-6727

Cambridge : 740-435-3342

Waverly : 740-835-8890

Under What Circumstances May A Non-Citizen be Eligible for SSI?

A non-citizen (also called an "alien" for immigration purposes) may be eligible for Supplemental Security Income (SSI) if he or she meets the requirements of the laws for non-citizens that went into effect on August 22, 1996. In general, most non-citizens must meet two requirements to be potentially eligible for SSI:

  • Be in a qualified alien category; AND
  • Meet a condition that allows qualified alients to get SSI.
  • A non-citizen must also meet all of the other rules for SSI eligibility, including the limits on income and resources, etc. 

Who is a Qualified Alien?

There are seven categories of qualified aliens. You are a qualified alien if the Department of Homeland Security says you are in one of these categories:

  1. Lawfully Admitted for Permanent Residentce in the U.S., which includes "Amerasian immigrant" as defined in P.L. 100-202, with a class of admission AM-1 through AM-8;
  2. Granted conditional entry under Section 203(a)(7) of the Immigration and Nationality Act (INA) as in effect before April 1, 1980;
  3. Paroled into the U.S. under Section 212(d)(5) of the INA for a period of at least one year;
  4. Refugee admitted to the U.S. under Section 207 of the INA;
  5. Granted asylum under Section 208 of the INA;
  6. Deportation is being withheld under Section 243(h) of the INA, as in effect before April 1, 1997; or removal is being withheld under Section 241(b)(3) of the INA;
  7. A "Cuban and Haitian entrant" as defined in Section 501(e) of the Refugee Education Assistance Act of 1980 or in a status that is to be treated as a "Cuban/Haitian entrant" for SSI purposes. 

In addition, you can be a "deemed qualified alien" if, under certain circumstances, you, your child or parent were subjected to battery or extreme cruelty by a family member while in the United States. 

Under What Conditions May a "Qualified Alien" Be Eligible for SSI Benefits?

If you are in one of the seven "qualified alien" categories listed above, you may be eligible for SSI if you also meet on of the following conditions:

  1. You were receiving SSI and lawfully residing in the U.S. on August 22, 1996.
  2. You are LAPR with 40 qualifying quarters of work.
  3. You are currently on active duty in the U.S. Armed Forces or you are an honorably discharged veteran and your discharge is not because you are an alien. This condition may also apply if you are the spouse, widow(er), or dependent child of certain military personnel.
  4. You were lawfully residing in the U.S. on August 22, 1996 and you are blind or disabled. 
  5. You may receive SSI for a maximum of seven years from the date DHS granted you immigration status in one of the following categories, and the status was granted within seven years of filing for SSI:
  • Refugee under Section 207 of the INA;
  • Asylee under Section 208 of the INA;
  • Alient whose deportation was witheld under Section 243(h) of the INA or whose removal is withheld under Section 241(b)(3) of the INA;
  • "Cuban or Haitian entrant" under Section 501(e) of the Refugee Education Assistance Act of 1980 or in a status that is to be treated as a "Cuban/Haitian entrant" for SSI purposes; or
  • "Amerasian immigrant" pursuant to P.L. 100-202, with a class of admission of AM-1 through AM-8.

For purposes of SSI eligibility, individuals are not considered qualified alients if they were admitted to the U.S. under the provisions of the Victims of Trafficking and Violence Protection Act of 2000. Their eligibility is subject to the proper certification in such status by the U.S. Department of Health and Human Services and possession of a valid "T" non-immigrant visa. Once the alien obtains proper certification and is in possession of a T non-immigrant visa, he or she becomes potentially eligible for SSI. 

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office locations - we have Multiple Locations to serve you.

The Bainbridge Firm, LLC

Columbus Office
900 Michigan Avenue
Columbus, OH 43215

Toll Free: 800-762-1612
Phone: 614-545-9990
Fax: 614-224-9300
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Portsmouth Office
611 Court Street
Portsmouth, OH 45662

Toll Free: 800-762-1612
Phone: 740-353-7548
Fax: 740-353-1984
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Ironton Office
119 North Fifth Street
Ironton, OH 45638

Toll Free: 800-762-1612
Phone: 740-532-9772
Fax: 740-532-3127
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Marion Office
198 East Center Street
Marion, OH 43302

Toll Free: 800-762-1612
Phone: 740-387-6727
Fax: 740-382-5816
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Cambridge Office
120 Southgate Parkway
Cambridge, Ohio 43725

Toll Free: 800-762-1612
Phone: 740-435-3342
Fax: 740-435-3329
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112 North Market Street
Suite B
Waverly, OH 45690

Toll Free: 800-762-1612
Phone: 740-835-8890
Fax: 740-835-8891
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