TN 49 (12-23)

SI 00604.024 Alien Lawfully Admitted For Permanent Residence: Question 12

A. Introduction

Questions 12(a)-(c) document whether sponsor-to-alien deeming applies. We need the information in (d) because prior alien status may have a bearing on current eligibility. Answers to (e) through (f) determine whether a claimant in this category has or can be credited with 40 qualifying quarters (QQs), as defined in SI 00502.135.

B. When and how to complete 12

When a claimant is not a U.S. citizen by birth or naturalization and the Department of Homeland Security (DHS) has lawfully admitted them for permanent residence, complete 12(a). Follow the "Go To" instructions.

Consider time-limited eligibility based on the response to 12(d) if the claimant:

  • has been in lawful admitted for permanent residency (LAPR) less than 7 years,

  • indicates they were in one of the categories listed in SI 00502.106, and

  • is not eligible under any other condition permitting eligibility for qualified aliens.

In addition, the prior immigration status may be relevant if the claimant is potentially eligible based on the condition for disabled or blind aliens who were lawfully residing in the U.S. on 8/22/1996 (For policy on qualified aliens who are blind or disabled and were lawfully residing in the U.S. on 8/22/1996, see SI 00502.142).

If the claimant attained qualified alien status 8/22/1996 or later, determine whether the 5 year bar to eligibility as a LAPR with 40 quarters of coverage (QC) applies (For more information on LAPR with 40 qualifying quarters of earnings, see SI 00502.135B). If a LAPR alien with 40 QCs applies, complete information about the claimant’s current, separated, or deceased spouse in Question 6.

C. Sponsor-to-alien deeming

If sponsor-to-alien deeming applies, complete an SSA-8010-BK (Statement of Income and Resources).

D. References

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SI 00604.024 - Alien Lawfully Admitted For Permanent Residence: Question 12 - 12/14/2023
Batch run: 12/14/2023