| Mario is a citizen of Mexico, but has lived lawfully in the United
States with his family since 1974. When he was 4 years old, he developed
severe brain damage and seizures during heart surgery. He has been disabled
ever since. He tried to apply for SSI in October 1996. Under the 1996 welfare
reform law, Mario was not permitted to file an SSI application because
he is not a U.S. citizen.
Thanks to intense lobbying efforts on behalf of the immigrant community, President Clinton signed the Balanced Budget Act in 1997 which revised the welfare reform law of 1996. Under the new law, Mario is eligible to receive SSI. If, like Mario, you were previously told your SSI benefits will be cut off or that you are not eligible for SSI because of your citizenship status, you may now be eligible for benefits, either through the federal government, or through a new state program. FEDERAL SSI ELIGIBILITYThe federal government provides SSI old age and disability benefits to U.S. citizens who meet certain standards. To receive SSI old age benefits, one must be at least 65 years old. To receive SSI disability benefits, one must meet SSI medical standards. To receive SSI under either program, one must meet certain income and resource requirements.Certain noncitizens may also be eligible for SSI benefits. Any noncitizens who were receiving SSI benefits on August 22, 1996, will continue to receive these benefits under the new rules, unless their financial or medical eligibility changes. Other noncitizens, designated as qualified immigrants, may be eligible for SSI if they meet certain additional requirements. Qualified immigrants are legal permanent residents, refugees and asylees, immigrants paroled into the United States for at least one year, immigrants from Cuba and Haiti, and battered women and children who have filed a visa petition. Other noncitizens are not qualified immigrants, even if they are in the U.S. legally. Qualified immigrants who have lawfully resided in the U.S. since the date the original welfare bill was signed (August 22, 1996), are disabled, regardless of the date disability began, and meet the income and resource requirements mentioned above are eligible for SSI disability benefits. Even if they entered the U.S. after August 22, 1996, qualified immigrants who meet the income and age or medical requirements mentioned above, and who meet at least one of the following criteria, are eligible for SSI:
STATE CASH PROGRAMNoncitizens who meet the income and resource requirements but are not otherwise eligible for federal SSI may be eligible for a new state cash program called Cash Assistance Program for Immigrants (CAPI). To receive CAPI, qualified immigrants, as listed above, must meet one of the following requirements:
Applications for CAPI benefits are available from county Social Services departments. OTHER BENEFITSThe new laws may also affect noncitizens' rights to AFDC (CalWorks), Food Stamps, and other federally funded programs. |
What's Out ThereIf you are not sure whether the new laws affect your eligibility for SSI or other public benefits, the agencies listed below will be able to help:Asian Pacific American Legal Center
California Immigrant Welfare Collaborative
Immigrant Legal Resource Center
National Immigration Law Center
Northern Californian Coalition for Immigrant Rights
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