Identification Number:
EM-23020
Intended Audience:All RCs/ARCs/ADs/FOs/TSCs/PSCs/OCO/ODAR
Originating Office:ORDP OISP
Title:Instructions for processing Supplemental Security Income claims for Cuban, Haitian, Nicaraguan, and Venezuelans parolees
Type:EM - Emergency Messages
Program:Title XVI (SSI)
Link To Reference:See References at the end of this EM
 
Retention Date: November 23, 2024


A. Purpose
This Emergency Message (EM) provides technicians with instructions for processing Supplemental Security Income (SSI) claims for nationals of Cuba, Haiti, Nicaragua, and Venezuela who are paroled into the United States (U.S.) under the Department of Homeland Security’s (DHS) new streamlined admittance process.

NOTE: For instructions on enumerating nationals of Cuba, Haiti, Nicaragua, and Venezuela who are admitted into the U.S. under DHS’s new streamlined process please see EM 23014.

B. Background
On January 5, 2023, DHS announced the streamlined “Cuban, Haitian, Nicaraguan, and Venezuelan parole processes” that allows certain nationals of Cuba, Haiti, Nicaragua, and Venezuela, and their immediate family members, to obtain advance authorization to travel to the U.S. and obtain parole status for up to two years. For more information on this new process visit, https://www.uscis.gov/CHNV. To be eligible for the streamlined “Cuban, Haitian, Nicaraguan, and Venezuelan parole processes,” an individual must:
    · Have a supporter in the U.S.;
    · Undergo and clear robust security vetting;
    · Meet other DHS eligibility criteria; and
    · Warrant a favorable exercise of discretion.

C. Policy
Generally, non-U.S. citizens must be qualified aliens and meet an exception condition to be eligible for SSI. For more information on noncitizen requirements for SSI claims see SI 00502.100. A non-U.S. citizen claimant must present evidence that they possess a lawful non-U.S. citizen (i.e., immigration) status in support of a claim for SSI payments. Such evidence provided by the claimant must be verified via the Systematic Alien Verification for Entitlements (SAVE) system (see GN 00303.600).

Individuals paroled under the “Cuban, Haitian, Nicaraguan, and Venezuelan parole processes” are potentially eligible for SSI. To determine if a parolee is eligible for SSI, evaluate and verify the parolee status evidence and determine if the parolee meets one of the exception conditions in SI 00502.100A.3.

1. Cuba and Haiti Nationals
    Evidence of parole status: individuals from Cuba and Haiti granted parole under the streamlined process may possess an Employment Authorization Document (EAD) with a C11 category, unexpired passport, or unexpired Form I-94 with a class of admission (COA) code of CHP for Cuban Humanitarian Parolee or HHP for Haitian Humanitarian Parolee.
    SSI Eligibility: A Cuban or Haitian parolee might also be a Cuban/Haitian entrant (CHE) under section 501(e) of the Refugee Education Assistance Act of 1980. However, the parolee might not realize that CHE status is a distinct status that is separate from Cuban or Haitian parolee status, which they may also have acquired.

    Therefore, if a national of Cuba or Haiti alleges being paroled into the U.S., then develop CHE status (see SI 00502.115E.9 and SI 00502.130B.7). This development is crucial if the parolee does not meet one of the exception conditions in SI 00502.100A.3.a through SI 00502.100A.3.d that permit SSI eligibility without a time limit, and status as a CHE would permit seven years of time-limited eligibility. A verified CHE is eligible for SSI up to seven years by meeting the exception condition in SI 00502.100A.3.e, assuming they meet all other SSI eligibility requirements.

    If the individual is not a CHE, then the verified Cuban or Haitian parolee may be eligible for SSI by meeting one of the exception conditions in SI 00502.100A.3, assuming they meet all other SSI eligibility requirements. However, parolee status is not a qualified alien classification listed in SI 00502.100A.3.e. Therefore, a Cuban or Haitian parolee would only qualify for SSI by meeting one of the conditions in SI 00502.100A.3.a through SI 00502.100A.3.d. If a Cuban or Haitian parolee meets one of the conditions in SI 00502.100A.3.a through SI 00502.100A.3.d, then SSI eligibility ends upon the expiration of the parole status.
2. Nicaraguan Nationals
    Evidence of parole status: individuals from Nicaragua granted parole under the streamlined process may possess an EAD with a C11 category, unexpired passport, or an unexpired Form I-94 with a COA of NHP for Nicaraguan Humanitarian Parolee.

    SSI Eligibility: A verified Nicaraguan parolee may be eligible for SSI by meeting one of the exception conditions in SI 00502.100A.3, assuming they meet all other SSI eligibility requirements. However, parolee status is not a qualified alien classification listed in SI 00502.100A.3.e. Therefore, a Nicaraguan parolee would only qualify for SSI by meeting one of the conditions in SI 00502.100A.3.a through SI 00502.100A.3.d. If a Nicaraguan parolee meets one of the conditions in SI 00502.100A.3.a through SI 00502.100A.3.d, then SSI eligibility ends upon the expiration of the parole status.
3. Venezuelan Nationals
    Evidence of parole status: individuals from Venezuela granted parole under the streamlined process may possess an EAD with a C11 category, unexpired passport, or an unexpired Form I-94 with a COA of VHP for Venezuelan Humanitarian Parolee. Additionally, they may have an expired Venezuelan passport that will retain a validity period of five years from the expiration date listed on the passport. See the Customs and Border Patrol (CBP) website for more information.

    SSI Eligibility: A verified Venezuelan parolee may be eligible for SSI by meeting one of the exception conditions in SI 00502.100A.3, assuming they meet all other SSI eligibility requirements. However, parolee status is not a qualified alien classification listed in SI 00502.100A.3.e. Therefore, a Venezuelan parolee would only qualify for SSI by meeting one of the conditions in SI 00502.100A.3.a through SI 00502.100A.3.d. If a Venezuelan parolee meets one of the conditions in SI 00502.100A.3.a through SI 00502.100A.3.d, then SSI eligibility ends upon the expiration of the parole status.

IMPORTANT: Cuban, Haitian, Nicaraguan, and Venezuelan nationals paroled into the U.S. through other processes (i.e., outside the “Cuban, Haitian, Nicaraguan, and Venezuelan parole processes” will have a general parole COA, such as DT or PAR.

D. Technician procedures
Technicians should follow current policies and procedures for developing and documenting the claimant’s immigration status which includes verifying the applicant’s immigration status via SAVE. Based on SAVE’s confirmation of the immigration status, adjudicate the claim as appropriate in the Consolidated Claims Experience (CCE). Claims should be processed in the same manner as any other CHE or parolee claim as appropriate.

Direct all programs–related and technical questions to your Regional Office (RO) support staff using vHelp or Program Service Center (PSC) Operations Analysis (OA) staff. RO support staff or PSC OA staff may refer questions, concerns, or problems to their CO contacts.

Reference:
SI 00502.100 Basic SSI Alien Eligibility Requirements
SI 00502.108 SSI Eligibility for Cuban/ Haitian Entrants
GN 00303.600 Contacting the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS)



EM-23020 - Instructions for processing Supplemental Security Income claims for Cuban, Haitian, Nicaraguan, and Venezuelans parolees - 03/24/2023