One of the most frequent questions we receive is: "Can I apply for SSDI if I'm not a citizen?" The answer depends on several factors, and is more hopeful than many believe.
The Fundamental Requirement: Valid Social Security Number
To qualify for SSDI, you need a valid Social Security number obtained with work authorization. If you worked legally in the US with a work visa, as a permanent resident, or with TPS or DACA status, and paid FICA taxes, you may have accumulated the necessary work credits.
Permanent Residents (Green Card)
Legal permanent residents have the same rights as citizens to apply for SSDI, as long as they meet the work and disability requirements. Receiving SSDI generally does not negatively affect a naturalization application.
DACA, TPS and Other Situations
DACA recipients who worked with valid authorization and paid payroll taxes may have accumulated work credits. However, SSI has stricter restrictions by immigration status. TPS beneficiaries may also be eligible under certain circumstances.
Does Applying for SSDI Affect My Immigration Status?
SSDI itself does not count as a "public charge" for purposes of permanent residency applications. However, SSI may have implications. It's crucial to consult with an attorney who handles both disability benefits and immigration to understand the full picture. We offer this evaluation at no cost.