Can a Non US Resident apply for Social Security Disability

Living in Michigan I represent a lot of clients from Middle Eastern Countries. Some are refugees; some have asylum; and some have become citizens. 

Immigrants who are permanent residents or lawfully present foreign workers and have paid taxes into the Social Security system are often eligible for disability benefits.

There are a few countries where residents cannot receive benefits even if they otherwise qualify. These include Cuba, North Korea, and Vietnam.

SSI benefits are available to all qualifying United States (U.S.) citizens; additionally, residents who are not citizens are sometimes eligible for benefits, including U.S. nationals, aliens, and other non-citizens. As a general rule, an otherwise qualified immigrant who is facing deportation or removal is not eligible for disability.

The Department of Homeland Security (DHS) defines a "qualified alien" as the following:

-a person lawfully admitted for permanent residence (LAPR) (this includes "Amerasian immigrants")

-a person given conditional entry into the U.S. before April 1, 1980 under Section 203(a)(7) of the Immigration and Nationality Act (INA)

-a person paroled into the U.S. for at least one year pursuant to Section 212(d)(5) of the INA

-a refugee admitted to the U.S. under Section 207 of the INA

-a person given asylum under Section 208 of the INA

-a person whose deportation or removal is being stayed under Sections 243(h) (prior to April 1, 1997) or 241(b)(3) respectively, or

-a Cuban or Haitian as defined by Section 501(e) of the Refugee Education Assistance Act of 1980, or in another status that is treated similarly for SSI purposes.

Sometimes a person can become a "deemed qualified alien" if the person, the person's child, or the person's parent suffered from domestic violence or extreme cruelty by a relative while the person was in the U.S.

Noncitizens living abroad may qualify for Social Security if they worked at some point in the United States and accrued sufficient Social Security credits. A noncitizen who married an American living abroad, and who meets the normal criteria for spousal or survivor benefits, may be eligible for these payments if he or she: 

-is a citizen or resident of a country with which the United States has a Social Security agreement;

-lived in the United States for at least five years with the American spouse (the five years need not have been continuous); 

-or was married to someone who died during U.S. military service.

You still have to meet the normal requirements for Social Security Disability. 

If you need help applying for Social Security Disability or SSI, please contact me at joshben99@gmail.com. I have over 20 years experience with Social Security Disability cases.

Location: Michigan, USA

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