TN 35 (11-99)

SI 02305.082 Developing Alien Status - RZs

Cross-refer to SI 00502.153

A. Introduction

The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 provisions significantly affect aliens' eligibility for SSI payments. There are no questions on the RZ forms about the alien status since it does not apply to a majority of the general SSI population. However, the RZ interview provides the perfect opportunity to be certain our records show noncitizen recipients' current alien status codes. It is particularly important for recipients whose eligibility is time-limited.

This section provides information on the different alien statuses and changes that may affect the alien status codes.

B. List of alien categories and possible changes

Following is a chart that provides the alien categories and the possible changes that could occur that would change the status code on the record:

CATEGORY. . . POSSIBLE CHANGES. . .

Lawfully Admitted for Permanent Residence (LAPR)

Naturalization
(AR Field Change)

Refugee

  • Refugee Attainment of LAPR status and 40 qualifying quarters (QQs). (Could permit eligibility for longer period.)

  • Expiration of 7-year period. (Could end eligibility.)

  • Attains military service or veterans status. (Could permit eligibility for longer period.)

Asylee

Same as refugee.

Deportation or Removal Withheld

Same as refugee and asylee.

Parolee

  • Attainment of LAPR status and 40 QQs. (Could permit eligibility for longer period.)

  • Parolee status expires. (Could end eligibility.)

Military Service

Separation —eligibility ends if discharge is not honorable or is based on alienage. (Eligibility factor.)

Veterans

  • Status Spouses marital relationship ends. (Eligibility factor.)

  • Marriage of a child. (Eligibility factor.)

  • Adoption of a child. (Eligibility factor.)

  • Marital status between child's parent and veteran stepparent ends. (Eligibility factor.)

Battery

Adjustment to LAPR Status (Could permit eligibility for longer period. See SI 00502.140 B.7. for rules on eligibility based on battery.)

NonQualified Grandfathered Alien

  • Adjustment to Qualified Alien Status

  • Naturalization

  • Loss of PRUCOL status (could require non-payment of benefits — see SI 00501.420ff)

C. Procedure

Following is the procedure to follow when conducting an RZ interview with noncitizen recipients:

Step Action
1 Has the alien status changed?
If yes, ask the alien recipient to provide the evidence needed to determine the correct alien status code so we can update our records and go to step 2.
If no , and the individual is on one of the time- limited categories, explain the 7-year suspension rule. Explain how the time-limit affects them and suggest they apply for an adjustment to LAPR status (or naturalization) as soon as they meet the INS requirements. Refer them to INS if they need information about adjustment to LAPR status or naturalization. You do not need to do anything further.
2 Did the recipient provide the evidence:
If yes , change the status code on the record.
If no , go on to step 3.
3 If alleged alien status change is not documented and is:
 
  • Material to eligibility, develop the eligibility factor in question.

  • Not material to eligibility, no further action is necessary.

IMPORTANT: Do not suspend benefits for failure to provide the information

D. References

  • Basic Alien Eligibility Requirements, SI 00502.100

  • General Alien Development, SI 00502.110

  • Verification of Alien Eligibility with INS, SI 00502.115

  • Time-Limited Eligibility for Refugees, Asylees, and Aliens With Deportation Withheld Under Section 243(h) (1996 Legislation), SI 00502.130

  • LAPR Alien with 40 Qualifying Quarters of Coverage (1996 Legislation), SI 00502.135

  • Veteran or Active Duty Member of the Armed Forces, a Spouse, or a Dependent Child (1996 Legislation), SI 00502.140

  • SSI Eligibility for Nonqualified Aliens Who Were Receiving SSI on 8/22/96-1998 “Grandfathering” Legislation


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0502305082
SI 02305.082 - Developing Alien Status - RZs - 11/15/1999
Batch run: 11/21/2014
Rev:11/15/1999