Under section 5302(c) (3) of the BBA 97 “Cuban/Haitian entrants” as defined in section 501(e) of the REAA 80 are qualified aliens. See SI 00502.108B. for who is a Cuban/Haitian entrant or who has a status that is to be treated as a “Cuban/Haitian entrant” for SSI purposes.

The qualified alien status for a “Cuban/Haitian entrant” is fully retroactive to the date the alien first became a “Cuban/Haitian entrant.” For example, if an alien entered the U.S. on 5/16/80 in one of the “Cuban/Haitian entrant” categories described in SI 00502.108B., then they are a “Cuban/Haitian entrant,” and thus a qualified alien, beginning 5/16/80.

A “Cuban/Haitian entrant” may be eligible for SSI if they meet one of the conditions that permit eligibility for qualified aliens in SI 00502.100A.3. These conditions are repeated in SI 00502.108D. of this section as they relate to “Cuban/Haitian entrants.”

As qualified aliens, “Cuban/Haitian entrants” as defined in section 501(e) of the REAA 80 are considered to be lawfully present in the U.S. under DHS regulation at 8 CFR §103.12(a)(1) for the purposes of determining whether an alien is lawfully residing in the U.S. If a “Cuban/Haitian entrant” also meets the residency requirement in GN 00303.720, then they are “lawfully residing” in the U.S.

Lawfully residing in the U.S. is relevant for three of the conditions that permit SSI eligibility for qualified aliens:

• •

  Certain U.S. military personnel and their dependents (SI 00502.140);

• •

  Aliens who were receiving SSI on 8/22/96 and are lawfully residing in the U.S. (SI 00502.150); and

• •

  Blind/disabled aliens who were lawfully residing in the U.S. on 8/22/96 (SI 00502.142).

A national of Cuba or Haiti who is currently in a qualified alien category other than “Cuban/Haitian entrant” (e.g., LAPR) may have been a “Cuban/Haitian entrant” at some point in the past. If the alien was a “Cuban/Haitian entrant” on 8/22/96 and also met the U.S. residency requirement on that date, then they are “lawfully residing in the United States on 8/22/96.” If such an alien is also blind or disabled, then they meet the exception condition that permits eligibility in SI 00502.142.

NOTE: See SI 00502.108F. for SSI eligibility considerations for a special category of nationals of Cuba or Haiti who may not be “Cuban/Haitian entrants” under the REAA 80, but are nevertheless considered to be lawfully present under DHS' regulation at 8 CFR §103.12(a)(4)(iii).

Under section 5302(a) of the BBA 97, a national of Cuba or Haiti may be eligible for a maximum of 7 years from the date they first became a “Cuban/Haitian entrant,” or was granted a status and is to be treated as a “Cuban/Haitian entrant” for SSI purposes provided they filed for SSI within 7 years of that date. See SI 00502.108D.2. for a full discussion of the 7-year limited eligibility rule as it relates to Cuban/Haitian entrants.

NOTE: Not all “Cuban/Haitian entrants” are subject to the 7-year time limit. See SI 00502.108D.1. and the example in SI 00502.108G.1.

Under section 5302(c) (1) of the BBA 97, a national of Cuba or Haiti who is a “Cuban/Haitian entrant” is exempt from the 5-year bar on eligibility for aliens who enter the U.S. on or after 8/22/96. See SI 00502.108E. for more information about the exemption from the 5-year bar for Cuban/Haitian entrants.

There are two subcategories of Category 1 Cuban/Haitian entrants:

• •

  Subcategory A: Classified as “Cuban/Haitian Entrant (Status-Pending)” under the INA on or after 4/21/80; or

• •

  Subcategory B: Paroled into the U.S. on or after 10/10/80; or

  EXCEPTION: An alien is not a Category 1, Subcategory B “Cuban/Haitian entrant” if the alien:

  • •

    Was paroled into the U.S. in the custody of a Federal, State, or local law enforcement or prosecutorial authority; and

  • •

    The parole was for purposes of criminal prosecution in the U.S. or solely to testify as a witness in proceedings before a judicial, administrative or legislative body in the U.S.

IMPORTANT: An alien in Category 1, Subcategory A or B retains status as a Category 1 “Cuban/Haitian entrant” regardless of any subsequent changes in immigration status. Thus, it is possible for an alien to be a Category 1 “Cuban/Haitian entrant” and LAPR at the same time. However, it is possible for a Category 1 “Cuban/Haitian entrant” (either subcategory) to lose SS I eligibility if one of the situations in SI 00502.100A.6.b. through SI 00502.100A.6.d. applies.

Alien is in parole status, has not acquired any other status under the INA, and is not subject to a removal order that is final, non-appealable, and legally enforceable. (See SI 00502.108C. for information about orders of removal.)

Alien is the subject of removal proceedings under the INA, and is not subject to a removal order that is final, non-appealable and legally enforceable. “Removal proceedings” include deportation, exclusion, or removal proceedings. (See SI 00502.108C. for information about orders of removal.)

NOTE: If the alien has an asylum application pending before the Executive Office for Immigration Review (EOIR) rather than before DHS, then they may be a Category 2(B) Cuban/Haitian entrant, but not a Category 2(C) Cuban/Haitian entrant.

Alien has an application for asylum pending with DHS, and is not subject to a removal order that is final, non-appealable, and legally enforceable. (See SI 00502.108C. of this section for information about orders of removal.)

NOTE: An alien with an asylum application pending before the EOIR is not a Category 2(C) Cuban/Haitian entrant, but may be a Category 2(B) Cuban/Haitian entrant.

IMPORTANT: In addition to the categories listed in SI 00502.108B.1. through SI 00502.108B.4. that are recognized by DHS, we will now consider a national of Cuba or Haiti who adjusts to LAPR status under NACARA or HRIFA to be a “Cuban/Haitian entrant” by virtue of such adjustment.

In addition to the categories listed in SI 00502.108B.1. through SI 00502.108B.5., SSA will treat as a “Cuban/Haitian entrant” for SSI purposes any Cuban or Haitian national who adjusted to LAPR status under the CAA 66 by virtue of such adjustment.

If a national of Cuba or Haiti is subject to a final, non-appealable and legally enforceable order of removal, then they are not a Category 2(A), Category 2(B), or Category 2(C) Cuban/Haitian entrant effective with the date the order first became:

1. a. 

   Final, and

2. b. 

   Non-appealable, and

3. c. 

   Legally enforceable.

The order must meet all three characteristics in order to bar status as a Cuban/Haitian entrant Category 2(A), Category 2(B), or Category 2(C).

A final, non-appealable, legally enforceable order of removal is an order of exclusion, deportation, or removal that has all of the following characteristics:

1. a. 

   Is administratively final under the INA; and

2. b. 

   For which appellate proceedings have concluded; and

3. c. 

   For which no right to direct appeal or to petition for administrative or judicial review exists; and

4. d. 

   For which no stay (including an automatic stay) or other lawful order issued by a Federal court or any other entity with authority to bind DHS prevents DHS from executing the order of removal.

IMPORTANT: An order for removal that is final, non-appealable and legally enforceable has no effect on status as a Category 1 (Subcategory A or B) Cuban/Haitian entrant.

NOTE: DHS, not SSA, determines whether an order of removal is final, non-appealable and legally enforceable. See SI 00502.115E.9.d. for DHS' responses to questions regarding Cuban/Haitian entrants on the Supplement to the G-845. See SI 00502.115 C.4 for the USCIS mailing address when verifying Cuban Haitian entrant status via G-845 and its Supplement.

An alien who is within a period of time for voluntary departure granted by DHS or an Immigration Judge is not subject to a final order of removal per se. However, an Immigration Judge's grant of voluntary departure will be accompanied by an alternate order of removal that becomes final, non-appealable and legally enforceable if the alien overstays the voluntary departure period.

EXCEPTION: An alternate order of removal issued in connection with voluntary departure does not become final, non-appealable and legally enforceable if the alien has filed a timely appeal with the Executive Office of Immigration Review (EOIR) Board of Immigration Appeals.

A “Cuban/Haitian entrant,” like any other qualified alien, is potentially eligible for SSI without a time limit if they meet one of the following alien eligibility conditions:

1. a. 

   Was receiving SSI on 8/22/96 and is lawfully residing in the U.S. (i.e., a grandfathered qualified alien in accordance with SI 00502.150);

NOTE: A “Cuban/Haitian entrant” as defined in REAA 80 is a qualified alien and as such is lawfully present in the U.S. according to DHS' interim regulation at 8 CFR § 103.12(a)(1). In general, if an alien is lawfully present and meets the SSI residency requirement in SI 00501.001B.1. and GN 00303.720 at the requisite point in time, then they are “lawfully residing” in the U.S. See SI 00502.142 for more information about “lawfully residing in the U.S.”

1. b. 

   LAPR with 40 Qualifying Quarters (See SI 00502.135. Refer to SI 00502.108E. for the exemption from the 5-year bar on eligibility);

2. c. 

   Is lawfully residing in the United States and is a veteran/active duty member of the U.S. Armed Forces; a spouse of veteran/active duty member; or a dependent child of veteran/active duty member (SI 00502.140). See the NOTE under SI 00502.108D.1.a. for lawfully residing in the U.S. for “Cuban/Haitian entrants.”

3. d. 

   Was lawfully residing in the United States on 8/22/96 and is blind or disabled (See SI 00502.142). See the NOTE in SI 00502.108D.1.a. for lawfully residing in the U.S. for “Cuban/Haitian entrants.”

See SI 00502.108G.1. for an example of a Cuban/Haitian entrant who is eligible without a time limit. Refer to SI 00502.108D.2. if a Cuban/Haitian entrant does not meet one of the conditions listed in SI 00502.108D.1.a. through SI 00502.108D.1.d.

In general, under the 1996 Welfare Reform legislation as amended, qualified aliens who enter the United States on or after 8/22/96 cannot get SSI for their first five years in this country. However, there are several exceptions to this rule, including “Cuban/Haitian entrant” as defined in REAA 80. Thus, a Cuban/Haitian entrant or an alien who is to be treated as a “Cuban/Haitian entrant” for SSI purposes who enters the U.S. at any time will not be subject to the 5-year bar. (See SI 00502.135B.1. for a complete list of alien categories who are exempt from the 5-year bar.)

A Cuban/Haitian entrant or alien who is to be treated as a “Cuban/Haitian entrant” for SSI purposes who enters the U.S. on or after 8/22/96 is exempt from the five-year bar. However, like any other alien exempt from the 5-year bar, the alien must still meet the two-pronged alien eligibility requirement under the Welfare Reform legislation:

• •

  Be a qualified alien; and

• •

  Meet a condition that permits eligibility for qualified aliens.

As a “Cuban/Haitian entrant” the individual is by definition a qualified alien. A qualified alien must also meet one of the conditions in SI 00502.100A.3. (or SI 00502.108D.) in order to get SSI. Thus, a Cuban/Haitian entrant who enters the U.S. on or after 8/22/96 could be subject to 7 years of time-limited eligibility if they do not meet one of the conditions that permits eligibility without a time limit in SI 00502.108D.1.

See SI 00502.108G.3. for an example of a Cuban/Haitian entrant who entered the U.S. on or after 8/22/96, is not subject to the 5-year bar on eligibility, but is limited to a maximum of 7 years of eligibility.

The “Cuban-Haitian” adjustment provision in Section 202(b) of IRCA allowed certain individuals from Cuba or Haiti to adjust to LAPR status.

CAUTION: The language in Section 202 of IRCA refers to “Cuban/Haitian entrants;” however, this is not necessarily the same status as “Cuban/Haitian entrant” as defined in section 501(e) of the REAA 80. If an alien under section 202 of IRCA also meets one of the categories covered by section 501(e) of REAA 80, then they are a “Cuban/Haitian entrant” for SSI eligibility purposes.

There are two categories of nationals of Cuba or Haiti who are eligible for adjustment to LAPR status under IRCA. We refer to these categories as “IRCA-1” and “IRCA-2.”

Facts: Juan Cabrera-Rosas, a national of Cuba, entered the U.S. on 5/6/80. On 4/19/96 an Immigration Judge issued an order of deportation. DHS exercised its prosecutorial discretion and decided not to implement the order of deportation. Juan filed for SSI on 8/29/2002 and was found disabled as of that date. Their I-94 indicated that they entered the U.S. on 5/6/80 as a “Cuban/Haitian Entrant (Status Pending).” DHS completed the G-845 and G-845 Supplement verifying the information relating to alien status.

Determination: Juan is a Category 1 Subcategory “A” Cuban/Haitian entrant beginning 5/6/80. They remain in that status indefinitely since Category 1 “Cuban/Haitian entrant” status remains in effect without regard to any subsequent changes in immigration status. Therefore, the Immigration Judge's order for deportation has no bearing on Juan's Category 1 “Cuban/Haitian entrant” status. Since Juan was a “Cuban/Haitian entrant” beginning with their entry into the U.S. and continuing, they are considered to be lawfully present in the U.S. on 8/22/96. If they meet the residency requirement in SI 00501.400B. and GN 00303.700, then they are potentially eligible for SSI payments beginning 9/2002 without a time limit since they were lawfully residing in the U.S. on 8/22/96 and is blind or disabled.

Facts: Maria Gonzalez-Maldonado was admitted to the U.S. on 9/18/97 as a nonimmigrant from their native country of Cuba. They were granted LAPR status on 9/18/01. Their I-551 (Permanent Resident Card) shows code “CU6.” The SSAFO verified the information on the I-551 using the primary SAVE online database query. Since they were from Cuba, the SSAFO also requested verification of the I-551 information and “Cuban/Haitian entrant” status by submitting a G-845 package (including the G-845 Supplement) to DHS. DHS returned the G-845/G-845 supplement to the SSAFO verifying the following: Maria is not subject to a final order of removal, they never filed for asylum in the U.S., they were never placed in removal proceedings, they were never paroled into the U.S., and they adjusted to LAPR status under the CAA 66. LAPR status under the CAA 66 was verified by DHS's “Yes” response to Question #21 in Section 9 of the G-845 Supplement. Maria filed for SSI for the very first time on February 15, 2003 and was found disabled as of that date.

Determination: Maria is to be treated as a “Cuban/Haitian entrant” for SSI purposes since they were granted LAPR status under the CAA 66 (See SI 00502.108B.6.). Their verified I-551 with Code CU6 indicates they adjusted to LAPR status under the CAA 66. Therefore, Maria is eligible for SSI for 7 years from the date they became an LAPR under the CAA 66. In addition, they are exempt from the 5-year bar (See SI 00502.135B.1. for a complete list of alien categories that are exempt from the 5-year bar.). The adjudicator input code “CH02” for the CG of the SSR on the CMSC screen in MSSICS in accordance with MSOM MSSICS 023.006 .

Facts: Hélène Bétancourt entered the U.S. on 6/25/97 from Haiti. They filed for asylum as of that date. They are not subject to any order for removal. Their application for asylum is still pending with DHS. Hélène filed for SSI on 2/20/2002 as an aged individual. They indicated on their application that they are not disabled. They have no prior SSI eligibility or U.S. military service connection. DHS verified that Hélène's asylum application was still pending with DHS.

Determination: Hélène is eligible based on time-limited eligibility as a Category 2(C) Cuban/Haitian entrant. Their 7-year period of potential eligibility begins on 6/25/97. Since they did not file for SSI until 2/20/2002, they are potentially eligible for SSI payment beginning 3/2002. Hélène will lose eligibility beginning 7/01/2004 based on 7 years from the date they first became a “Cuban/Haitian entrant”—or 6/25/97.

NOTE: Although Hélène entered the U.S. on or after 8/22/96 they are not subject to the 5-year bar on eligibility since they were a “Cuban/Haitian entrant,” one of the categories of aliens who are exempt from the 5-year bar.

Facts: Guillaume LaPrière, a national of Haiti, entered the U.S. without inspection (EWI) on 4/27/1993 and was put in proceedings on 5/1/93 when they were apprehended by the immigration authorities. They filed for SSI on 1/13/2002 and was found disabled as of that date. On 5/7/2002, an Immigration Judge granted them voluntary departure. (There is no final order for removal.) Guillaume did not appeal the Immigration Judge's decision. DHS completed the G-845/G-845 Supplement verifying all immigration-related events and dates.

Determination: Guillaume was a category 2(B) “Cuban/Haitian entrant” beginning 5/1/93 based on the date they were put in proceedings. Thus, they were a qualified alien beginning 5/1/93. Since they were still a Category 2(B) “Cuban/Haitian entrant” as of 8/22/96, they were lawfully present in the U.S. on that date. SSA determined that they also met the SSI residency requirement as of 8/22/96. Therefore, Guillaume was potentially eligible for SSI payment beginning 2/2002 since they were lawfully residing in the U.S. on 8/22/96 and are blind or disabled. They were not subject to the 7-year time limitation. Guillaume lost Category 2(B) “Cuban/Haitian entrant status” (and thus qualified alien status) effective 5/7/2002—the date the Immigration Judge granted them voluntary departure—since they were no longer “in proceedings” as of that date. Therefore, Guillaume's SSI payments are suspended effective 6/2002.

Facts: Rafaela Velasquez-Muñoz, a national of Cuba, entered the United States on 5/23/94. They filed for asylum with DHS that same day. Their application for asylum was transferred from DHS to the Executive Office for Immigration Review (EOIR) on 7/25/96. Their application for asylum is still pending with EOIR. There has been no order for their removal or deportation. They filed for SSI on 6/27/2002, when they attained age 65. They indicated on their SSI application that they are not disabled. They have no military connection and have never filed for SSI before. DHS completed the G-845/G-845 Supplement verifying all immigration-related events and dates.

Determination: Rafaela was a qualified alien as a Category 2(C) “Cuban/Haitian entrant” beginning 5/23/94. Their status changed to “Cuban/Haitian entrant” Category 2(B) on 7/25/96 because that is when the EOIR took jurisdiction of their asylum application. Rafaela is still in Category 2(B) “Cuban/Haitian entrant” status, and as such, is still a qualified alien. They were lawfully residing in the U.S. on 8/22/96 based on their qualified alien status as a Category 2(B) “Cuban/Haitian entrant;” however they do not meet the eligibility condition for blind/disabled aliens who were lawfully residing in the U.S. on 8/22/96 since they are not disabled. They do not meet any other condition that permits SSI eligibility without a time limit.

Next, we consider whether Rafael can be eligible for 7 years under the time-limited provision. Their 7-year period begins with the earliest date they met a “Cuban/Haitian entrant” category. In this case, the earliest date is 5/23/94 based on the date Rafaela became a category 2(C) “Cuban/Haitian entrant.” The 7-year period ends with 6/01/2001. Since the 7-year period ran out before Rafaela's first possible month of eligibility for payment—7/2002 (based on filing for SSI in 6/2002), their SSI claim must be denied under code N13.

NOTE: Rafaela's status as a Category 2(B) “Cuban/Haitian entrant” continues and is not affected by the expiration of the 7-year period. They are is a qualified alien, but they do not meet any condition that permits eligibility for qualified aliens.

Facts: Francisco Cabrera-Gonzalez, a Cuban national, entered the United States on 09/05/96 and applied for asylum with DHS on the same date. They are not subject to a removal order that is final, non-appealable, and legally enforceable. They were granted asylum 10/11/97. Francisco adjusted to LAPR status effective 10/30/98. DHS completed the G-845/G-845 Supplement verifying all immigration-related events and dates. Francisco filed for SSI on 08/01/2000. DDS found Francisco to be disabled as of this date.

Determination: Francisco met qualified alien status as a Category 2C (asylum applicant) “Cuban/Haitian entrant” on 09/05/96. Francisco was determined to be disabled as of 08/01/2000. In accordance with SI 00502.106D., if an alien in one of the time-limited categories adjusts to another qualified alien category during the 7-year period, such as LAPR, the alien's eligibility can continue during the entire 7 years. Therefore, they are eligible for SSI benefits for 7-years from the date qualified alien status was first met. In this case, Francisco's 7-year period runs from 10/1996 through 09/2003. However, since Francisco was approved for benefits effective 08/2000, they are only potentially eligible to receive SSI checks beginning 9/2000 through 09/2003. They will be N13 beginning 10/2003. Refer to SI 00502.106 for more information on the 7-Year eligibility requirement.