Can Immigrants Get Disability? SSD Eligibility for Non-Citizens

An unexpected disability can upend your life. Fortunately, there are a number of government programs designed to support disabled individuals to achieve financial security when they can no longer work. However, the process of applying for disability benefits is complicated when you live in America as an immigrant. Can immigrants get disability? Here’s what you need to know about SSD eligibility for non-citizens.

SSDI and SSI for Non-Citizens: Key Takeaways

• There are different types of immigrant status and the type of immigration status that applies to you might affect whether you are eligible for disability benefits.
• Immigrants who work in the United States for employers who collect social security taxes must pay into the Social Security System, but may not be able to collect benefits because they don’t meet either the requirements of the SSI or SSDI programs or their immigration status isn’t eligible for benefits.
• Permanent residents, green card holders and asylum seekers are generally eligible to apply for disability benefits.
• In order to be eligible for disability benefits, immigrants must meet both the requirements for that program (SSI or SSDI, for example) AND meet the immigration requirements.

Can You Get Social Security Disability if You’re Not a U.S. Citizen?

Whether or not you’re eligible for disability benefits as a non-citizen depends on your immigration status, your United States work history, and the type of disability benefits you’re pursuing. However, the eligibility requirements for non-citizens pursuing SSI and SSDI are different depending on the program.

Typically, you need to be a lawful immigrant, have a documented work history, be one of a specific group of protected classifications, and have resided in the United States for a fixed amount of time.

Types of Immigration Statuses

There are countless types of immigration statuses recognized by the United States, and only some are eligible for Social Security disability benefits. Here’s a brief look at the different immigration statuses you may hold as an immigrant in the United States. Note that the word “alien” is used sometimes by the SSA to mean a non-citizen.

• Naturalized Citizen: a naturalized citizen is at least 18 years old, has been lawfully admitted for permanent residence, has resided in the United States for 5 continuous years (3 if married to a US citizen) after being lawfully admitted, is of good moral character, will uphold the Constitution and is disposed to the good and order of the United States
• Lawful Permanent Resident (LPR): typically known as a “green card” holder, a LPR holds either a family-based visa, an employment based visa, or a diversity based visa as determined by the Attorney General
• Conditional Permanent Resident: this includes alien spouses and children who applied for LPR status based on a qualifying marriage to a LPR holder or citizen. Generally, the conditional status expires on the second anniversary of its application.
• Special Immigrant Juvenile (SIJ): this includes children under the age of 21 who are dependant on the court and it’s unlikely that the biological parents can or will happen because of abuse, neglect or abandonment and there is an administrative or judicial finding that reuniting the child with the parents is not in the child’s best interest
• Refugee/Asylee: this includes persons who have a well-founded fear of persecution because of race, religion, nationality, membership in a certain social group or political opinion and the person is not a security risk, perpetrator of prosecution, and has not committed certain categories of crimes. Generally, the person must apply for asylum within one year of being admitted to the country
• Non-immigrant temporary visa: this includes who are eligible for visas for a temporary time and usually include students, vacationers, some temporary workers and different specialized categories
• Victims of human trafficking: called a T visa, this includes individuals who have been victims of human trafficking
• Crime victim or witness: called a U visa, this includes individuals who are in the country as undocumented aliens but have suffered severe physical or mental abuse as a victim of a crime, can likely help officials with investigations of the person perpetrating the abuse, or holds certification from appropriate officials that they can be helpful in a criminal investigation.

SSI Eligibility for Non-Citizens

In order to be eligible for SSI benefits (Supplemental Security Income) as a non-citizen, you must be lawfully residing in the United States as one of the following eligible groups:

• Lawfully admitted as a permanent resident
• Granted conditional entry into the United States
• Paroled into the United States
• Admitted as a refugee
• Granted asylum from another country
• Cuban or Haitian
• Admitted as an Amerasian Immigrant
• Admitted as an Afghan or Iraqi Special Immigrant
• Admitted as an Afghan humanitarian parolee or Afghan Non-Special Immigrant Parolee
• Admitted as a Ukrainian humanitarian parolee

SSI Qualifications for Immigrants

In addition to all of the above, you also have to satisfying one of the following requirements:

• You were lawfully residing in the United States on August 22, 1996 and are blind or have developed a disability
• You were already receiving SSI on August 22, 1996 and are lawfully residing in the United States
• You were lawfully admitted for permanent residence and have a total of 40 credits of work or more, with spousal or parental work credits also possibly counting
• You are a veteran or active duty member of the Armed Forces or are a spouse or dependent of a veteran or active duty member of the Armed Forces
• You are an Indigenous American born in Canada
• You are a noncitizen member of a federally recognized Native American tribe
• You are a victim of human trafficking

August 22, 1996 is a relevant date for disabled immigrants seeking SSD benefits because of the passing of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA), which prevents legal immigrants from receiving federally funded Medicaid or SSI for a minimum of five years after immigration.

SSDI Eligibility for Non-Citizens

In order to be eligible for SSDI benefits (Social Security Disability Insurance) as a non-citizen, you must have a Social Security Number assigned to you on or after January 1, 2004, which authorizes you to work in the United States. You must also have a non-immigrant visa (either B-1, D-1, or D-2), be able to prove that you’re in the United States lawfully for every month you would be paid out for those benefits, and satisfy all other technical and medical criteria for receiving SSDI benefits.

One of the important criteria for qualifying for SSDI is to have paid into the Social Security program. However, many immigrants are exempt from paying Social Security taxes, so even if you meet all other eligibility requirements, if you don’t pay into Social Security, you may still not be approved.

Do Immigrants Pay Into Social Security?

Yes, if an immigrant works in the United States for a company that is required to pay into the Social Security system, those immigrants are taxed the same as citizens even though they are less likely to be eligible to receive Social Security when they’re older.

What If You Have an Immigration Sponsor?

If you are sponsored by someone when you enter the United States, it can complicate the process of being approved for disability benefits. Your sponsor has agreed to provide support to you, and when you apply for disability, a portion of their and their spouse’s income and resources are counted as yours on your application.

Because there are income restrictions on qualifying for disability benefits ($2,590 for blind individuals and $1,550 for sighted individuals as of 2024), the income from your sponsor may make you ineligible for disability.

What is the Seven-Year Limit?

Certain non-citizens are only eligible to receive SSI for up to 7 years, with that timeline being based around the length of time it takes to become a naturalized United States citizen. The 7-year rule applies to you if:

• You are a refugee under Section 207 of the INA
• You were granted Asylum under Section 208 of the INA
• You are a non-citizen whose deportation was withheld under Section 243(h) of the INA
• You are a “Cuban or Haitian entrant” under Section 501(e) of the Refugee Education Assistance Act of 1980
• You are an “Amerasian immigrant” according to P.L. 100-202 with a class of admission of AM-1 through AM-8

The INA, or Immigration and Nationality Act, sets a lot of standards on immigration status, eligibility for benefits, and immigration classes. Consulting with a disability or immigration lawyer can make it easier to untangle the web of eligibility requirements for disability as a United States immigrant.

Can I Collect Disability if I’m an Undocumented Immigrant?

Undocumented immigrants are a vulnerable group within the United States, as the lack of support available can mean they fall through the cracks and are left open to exploitation and harm. Unfortunately, undocumented immigrants do not qualify for SSI benefits or SSDI benefits, so if you are disabled or have a disabled child, you may not be able to receive benefits to help support you.

However, even though there are no federal Social Security disability benefits for undocumented immigrants, some states offer disability benefits regardless of immigrant status. In California, for example, undocumented workers can apply for California Disability Insurance (DI) and Paid Family Leave (PFL) benefits, which allow undocumented workers to take time off due to disability or to care for a disabled family member.

Am I Eligible for Disability Benefits as an Immigrant? Types of Immigrants and SSI/SSDI Eligibility

Because there are various types of immigration statuses recognized by the United States and because everyone’s life circumstances are different, it’s important to know why the most common immigration statuses (green card holders, H1B visa holders and asylees) are or are not eligible for disability benefits.

Can Green Card Holders Get Disability Benefits?

Yes. For someone who has a green card, benefits are possible. A green card holder can get disability benefits if they meet the SSA’s requirements. In addition to meeting requirements specific to their immigrant status, they must also meet the general requirements to be awarded benefits, like having worked a certain number of hours, being a certain age or having a disability.

Because the SSA’s requirements can be confusing and difficult to understand, working with a disability lawyer can help make sense of the system and determine if you’re eligible for disability benefits.

Can You Get Disability Benefits With an H1B Visa?

It’s not likely that someone who holds an H1B visa would be granted disability benefits. Because most H1B workers have three-year contracts, they do not typically work long enough to be able to receive disability benefits.

The same is true of social security benefits, and for the same reason. For anyone who asks, “Can H1B get social security benefits,” it’s important to remember that because their contracts are three years, they do not meet the 10 year requirement for social security benefits.

Can Undocumented Immigrants Get Disability Benefits?

Unfortunately, undocumented immigrants do not qualify for SSI or SSDI disability benefits. Some states, namely California, make it possible to apply for some forms of aid that can help.

Can Asylum Seekers Get Disability Benefits?

Again, there’s a short and long answer. The short answer is yes, sometimes asylum seekers can get disability benefits. The longer, more realistic answer is that it’s complicated.

For an asylum seeker to get disability benefits, they have to have worked long enough with no disqualifying gaps in employment and have paid the appropriate taxes. Asylees can collect benefits for a maximum of seven years; they can request an extension only if they are in the process of naturalization.

An Attorney Can Help With Your Disability Claim

Navigating disability benefits as an immigrant in the US is tricky due to different rules for various immigrant groups. While permanent residents and green card holders usually qualify, others like asylum seekers and undocumented immigrants face uncertainties. Seeking advice from legal experts can improve chances of getting needed support during times of disability.