TN 20 (04-10)
SI 00502.305 Aliens Whose 7-year Eligibility Ended but Never Filed for SSI - New Applications
A. Procedure for developing eligibility for an extension
A qualified alien or victim of human trafficking who meets the criteria for the benefit extension may also be a new applicant for benefits. This includes those aliens who would not have been eligible because the 7- year time limitation expired before they were otherwise eligible for SSI. The alien must apply no later than nine years from the date of attainment of status to qualify for the extension, (i.e., 10/01/02 to September 30, 2011) unless he or she has citizenship application pending with the DHS or the USCIS has approved the citizenship application and the alien is waiting to be sworn in as a U.S. citizen.
Follow these procedures to determine if the alien is eligible for the benefit extension as provided in P.L. 110-328. See SI 00502.301, Supplemental Security Income (SSI) Extension for Elderly and Disabled Refugees Act.
1. Obtain application
Complete either a full or deferred application according to local FO guidance. Follow the instructions in SI 00502.100, SI 00603.002, and SI 00603.004. Develop for evidence according to instructions in SI 00601.100.
a. Alien alleges having a pending application for naturalization
If the alien alleges having a pending citizenship application, verify the status of the application as follows:
Obtain the original DHS Form I-797 C, (Notice of Action) which is the receipt for the naturalization application. The I-797 C must contain the Notice Date, Case Type, USCIS Alien file number (A#), Application Number, application Received Date and Priority Date. The notice must show the case type as “N-400 Application for Naturalization.”
Technicians may accept other official correspondence from the United States Citizenship and Immigration Service (USCIS) as proof if it contains a receipt number, the A-file number, date application received, and provides details on the status of the application.
Query Case Status Online (CSOL) to verify the DHS Form I-797:
Enter the receipt number (labeled “application number” found in the upper left corner of the I-797, third row down) in the in the current case status block. The receipt number is a 13 character number (a 10-digit number preceded by a three letter code).
Input the entire letter-number combination as shown on the receipt.
The online response highlights one of the following application statuses:
If the online response returns a reply showing “Your case cannot be found at this time in My Case Status. Please check your receipt number and try again. If you need further assistance please call the National Customer Service Number at 1-800-375-5283” this indicates that the USCIS may have rejected the application for one of the following reasons:
incorrect application fee submitted,
application not timely filed,
applicant does not meet the 3 or 5 years minimum LPR requirement, or
applicant filed more than 3 months prior to meeting the residency requirements, or
it’s been only ten business days or less since the applicant filed and the application has not been logged onto the USCIS CSOL system.
there is no record of filing, or the receipt may be counterfeit
If less than ten days elapsed since filing, obtain a copy of the I-797 or input the information shown in SI 00502.305A.1.a.1. in this section onto the Evidence Screen (EVID) screen to verify at a later time.
If ten days or more elapsed since filing, continue with the procedures in SI 00502.305A.1.b. in this section to determine if the alien qualifies for the two year benefit extension.
If the alien does not allege having a pending citizenship application, to determine if the alien qualifies for the two-year extension, follow the procedures in SI 00502.305A.1.b.
b. Verify alien status and obtain the good faith declaration
If the alien has not filed for citizenship, does not have an I-797, or you cannot verify that the citizenship application is pending via the USCIS website:
Advise the alien that he or she may be eligible for payments up to nine years from the date of status attainment if he or she makes a good faith effort to apply for U.S. citizenship and meets one of the eligibility factors for the benefit extension. To determine eligibility, see SI 00502.301A.
The alien may be eligible for the extension if he or she was admitted as a Cuban/Haitian. For the definition of Cuban/Haitian for SSI purposes, see SI 00502.108.
Otherwise, query SAVE to determine if the alien’s status was adjusted to LPR. If the SAVE query does not provide verification, and the alien alleges adjustment to LPR, institute secondary verification with DHS by following established procedures in SI 00502.115.
Determine if the alien meets LPR time frames
If the alien has been LPR for fewer than 6 years as of October 1, 2008, and has not had that status rescinded, he or she may be eligible for the extension.
If the alien filed for adjustment to LPR within 4 years of the date he began receiving SSI and such status is pending, he or she may be eligible for the extension.
Document the Evidence Screen (EVID) screen with “Good Faith Established, the LPR adjustment or pending adjustment date, and the A-file number.
Explain the provisions of the Kaplan class action settlement in SI 00502.301C.5. to the alien. You may also give the alien the Internet address for USCIS, at www.uscis.gov/portal/site/uscis .
Check the date of birth
If the alien is under age 18 as of October 1, 2008, he or she is not required to sign the declaration of good faith.
If the alien is age 18 or older as of October 1, 2008, he or she must sign the good faith declaration.
Print the good faith declaration from Forms Inventory Control System (FICS) , read the declaration to the alien and have him or her sign it. Electronic versions of the SSA-795 are acceptable if a MSSICS file is open and you copy the language onto the Person Statement (DPST) screen.
Explain the necessity for the declaration using this language: “You must be trying or plan to become a U.S. citizen to get the 2-year extension. If you can’t qualify for citizenship now, you must be planning to become a U.S. citizen if and when the law allows you to do so. If you do not sign this statement for any reason or you cannot sign the statement because you are not planning to become a U.S. citizen then we will not be able to pay you the benefits for the two additional years.”
Fax the form into the appropriate repository (eDIB or NDRED) along with a copy of the immigration document. Return the originals to the person.
If the alien qualifies for the two-year benefit extension, continue with the procedures in SI 00502.305A.2. If the alien does not sign the SSA-795, he or she cannot receive extended benefits. Send a denial letter using the language in SI 00502.306.
B. Case sent to DDS for medical determination
If the person is seeking benefits based on disability or blindness, follow current guidelines for requesting a medical decision, see DI 11005.000.
1. DDS returns favorable medical decision
Other non-disability factors
Complete development of all other non-disability factors, if a deferred application was taken or complete a PERC if a full application was taken and 120 days have passed.
2. Systems processing
Process as follows:
Complete the MSSICS application,
Input the time limited extension information on the Alien Status (AALN) screen.
Build the SSR.
If the alien is eligible for the benefit extension, the system will establish the SSR with an AER (Alien Eligibility Reason) value to control for the extension. The system will put the case into N13 at the end of the claimant’s extension period.
If the alien is not eligible for the benefit extension, the system will build N13.
NOTE: The system cannot generate an automated N13 for those aliens whose application date is nine years or greater from the date of attainment of their alien status, and who were under age 18 as of October 1, 2008. Process these cases outside the MSSICS through an SSA-450-s.
If the case is paid and put into M02 (this should be very rare):
Input code “2608” in the first four positions of the CG field of the SSR. Move existing CG codes to the next available positions.
Annotate the Remarks field “Paid according to the provisions of P.L. 110-328.”
C. Special MSSICS situation--“Collect Time Limited Extension Information” question
If the alien has been in LPR status for nine years or more and has not filed for citizenship, and the alien does not meet the eligibility criteria outlined in SI 00502.301A., answer “N” for the COLLECT TIME LIMITED EXTENSION INFORMATION prompt, and continue through the MSSICS path. A manual N13 denial input will be necessary.
Claimants under age 18 as of October 1, 2008, do not require extension information. Enter an “N” when answering the above question and continue through the MSSICS path.
D. Additional Tools for Alien Extension processing
To access systems instructions, link to:
EM-09064 Systems Changes to Automate the SSI Extension for Elderly and Disabled Refugees Act; Instructions in Attached Link - 09/24/2009.
Technicians also have access to the “Hot Topics ” page in PolicyNet.
A special mailbox created to field questions to OPSOS or OISP:
^DCO SSI Alien Extension Act Help
The system should issue the appropriate notice.