Can a Cuban immigrant be denied SSI depending on their immigration status?
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Can a Cuban immigrant be denied SSI depending on their immigration status?
My father has lived in the US for 50+ years. He was born in Cuba and arrived at the age of 2. After serving time for a criminal offense, he underwent surgery to have two brain tumors removed. The side effects from the surgery have left him disabled and unable to work. He was granted disability by a judge after being previously denied. INS is now informing my father that he has no status in the U.S. although he has been checking into the INS office for years and cannot be deported to Cuba. Can he be denied his benefits that were granted?
Asked on March 3, 2012 under Immigration Law, Florida
Answers:
SB, Member, California / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If benefits were granted, he must have proof of those. If he was given some type of temporary protected status, then he needs to provide proof of that to the office that is now denying him benefits of SSI. It is not that the benefits were taken away; he may either no longer be eligible for those or they may have lapsed if he did not do something he was required to do in a timely manner.
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