TN 19 (03-93)

HI 00805.735 Cuban Refugees Whose Status Was Adjusted Under P.L. 89-732

A. Background - General

Public Law 89-732 permits natives or citizens of Cuba admitted or paroled into the U.S. after 1/1/59, and physically present in the U.S. for at least 2 years, to have their status adjusted to that of lawfully admitted for permanent residence.

They received their Alien Registration Cards (Form I-151 or I- 551) when the application to the Attorney General to have status adjusted under this law was approved. The card shows an admission date as an immigrant. This date took into account retroactive effect up to 30 months before the date of application.

B. Background - First Month of SMI Eligibility

Enrollees who met the age and 5 years residence requirements and had an adjustment of status under this law were permitted to file for SMI. The Department of Homeland Security (DHS) advised SSA of the actual date on which the status was adjusted to that of lawfully admitted for permanent residence. The month the status change occurred, or, if later, the month of attainment of age 65 was the first month of eligibility. The retroactive date established under P.L. 89-732 (i.e., the date appearing on the Alien Registration Card) did not serve as a basis for retroactive coverage under SMI, nor was it used to find earlier eligibility.

C. Background - Deemed Insured HI Eligibility

For purposes of HI entitlement under the deemed insured provision, a claimant whose status was adjusted under P.L. 89-732 is considered to have met the requirement of lawful admission for permanent residence as of the date shown on Form I-151 or I-551. Thus, such a person may be entitled to deemed insured HI as of the first month during the retroactive life of the application in which he/she meets the permanent residence, age, and 5-year residence requirements.

D. References

  • Equitable relief in cases of delay by Immigration and Naturalization Service, HI 00805.240.

  • Deemed insured HI provision, HI 00801.047ff.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0600805735
HI 00805.735 - Cuban Refugees Whose Status Was Adjusted Under P.L. 89-732 - 08/01/2008
Batch run: 01/27/2009
Rev:08/01/2008