San Diego, CA asked in Social Security and Immigration Law for California

Q: I’m applying for SSI for my son with legal aid, my parents live with me and are NON-US citizens. Will it affect them?

I have to sign a government form I believe and it’s not guaranteed that they won’t give out my information. I just want to know if their information will be reported to ICE.

1 Lawyer Answer
James L. Arrasmith
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  • Immigration Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: When applying for Supplemental Security Income (SSI) for your son, the focus of the application is primarily on the child's needs and your financial situation. The status of other household members, like your non-US citizen parents, is generally not a primary concern for SSI eligibility.

However, it's important to be aware that providing information about household income and composition is a standard part of the SSI application process. This might include disclosing some details about the people you live with, including your parents.

Regarding your concern about information being shared with Immigration and Customs Enforcement (ICE), it's worth noting that Social Security Administration (SSA) generally does not proactively report immigration status to other government agencies, including ICE, for purposes of immigration enforcement. Their primary role is to administer benefits and services.

But it's also important to understand that there are exceptions, particularly in cases of serious criminal activity. If there are specific concerns about your parents' situation, it would be wise to consult with an immigration attorney who can provide advice based on their particular circumstances.

In summary, applying for SSI for your son is unlikely to directly impact your parents or lead to their information being reported to ICE, especially if the focus is solely on your son's needs and eligibility. If you have further concerns or need more detailed guidance, seeking legal counsel knowledgeable in both immigration and social security law would be beneficial.

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