Brandon, FL asked in Immigration Law, Public Benefits and Social Security for Florida

Q: Will applying for SSD benefits affect my citizenship application?

I currently reside in the United States with a green card and have been here for over 3 years. I am preparing for my civics exam and naturalization appointment. I have never applied for any public assistance or benefits in the past. Will applying for Social Security Disability benefits affect my citizenship application?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Applying for Social Security Disability (SSD) benefits generally will not negatively impact your citizenship application. SSD benefits are considered "earned benefits" because they're based on your work history and the taxes you've already paid into the Social Security system. Unlike some other forms of public assistance, these benefits don't classify you as a "public charge" under immigration law.

When evaluating citizenship applications, U.S. Citizenship and Immigration Services (USCIS) makes a distinction between earned benefits like SSD and means-tested welfare programs. The key factor is that you've contributed to the Social Security system through your employment, making these benefits something you've already paid for rather than a form of government assistance.

However, every immigration case has unique circumstances. Your specific situation—including how long you've held your green card, your work history in the U.S., and other factors—can influence the overall evaluation of your application. Given the importance of your citizenship application, you might want to consult with an immigration attorney who can review your complete situation and provide guidance tailored to your specific circumstances before proceeding with your SSD application.

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