my father has a knee problem, he can hardly walk,my question is if i unite with my family including the fact that i am an army active duty soldier,how can my father collect benefits for disabled?
If you are a U.S. citizen, you can easily sponsor your father for a green card. If not, you can easily apply for U.S. citizenship, and once you are a citizen, sponsor your father. Whether your father can collect benefits for the disabled is something that I doubt, but this is not an immigration question so I do not know for certain.
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
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I agree with attorney Schusterman. Speak with an immigration attorney to begin the process.
212 537 4407
Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.
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Social Security Lawyers
Via the Social Security Administration, the only federal disability program available to an individual such as your father in the scenario you described, presuming he is an noncitizen, would be Supplemental Security Income (SSI).
Under SSI, one has to prove both disability and meet the financial eligibility criteria.
from SSA: (for more info see: http://www.ssa.gov/pubs/11051.html)
Who can get Supplemental Security Income?
Generally, if you are a noncitizen in one of certain immigration categories granted by the Department of Homeland Security, you may be eligible for SSI if:
You were lawfully living in the United;
States on August 22, 1996, and you are blind or disabled;
You were receiving SSI on August 22, 1996, and you are lawfully living in the United States; or
You were lawfully admitted for permanent residence under the Immigration and Nationality Act (INA) and have a total of 40 credits of work in the United States. (Your spouse’s or parent’s work also may count.)
Important: If you entered the United States on or after August 22, 1996, then you may not be eligible for SSI for the first five years as a lawfully admitted permanent resident even if you have 40 qualifying credits of earnings.
Some other noncitizens who may be eligible for SSI payments are:
Active duty members of the U.S. armed forces;
Noncitizen members of federally recognized Indian tribes;
Certain noncitizens admitted as Amerasian immigrants; and
Cuban/Haitian entrants under the Refugee Education Assistance Act.
There are other noncitizens who may be eligible for payments. If you are a noncitizen and want to apply for SSI benefits, it is best to contact us to see if you are eligible.
If you have a sponsor
When you entered the United States, you may have had someone sign an agreement to provide support for you. This agreement is called an affidavit of support, and the person who signed it is called your sponsor.
We count your sponsor’s and his or her spouse’s income and resources as yours from the time you came to the United States. Your local Social Security office can give you more information about these rules and what they mean to you.
The disability evaluation process used by Social Security is:
(1) Does your impairment keep you from being able to perform a substantial gainful activity (SGA), generally full-time, competitive, work?
(2) Is your impairment severe? AND, is your impairment expected to remain severe for at least 12 months?
(3) Does your impairment “meet or equal” one of Social Security’s “Listing of Impairments?” A listing of medical conditions, acceptable medical evidence, and the severity necessary for an impairment to be considered disabling. There are separate listings for adults and for children.
(4) Does your impairment prevent you from being able to perform any job you performed over the last 15 years which was also a substantial gainful activity?
(5) Does your impairment prevent you from being able to perform any other type of work which exists in substantial numbers of the national economy?
Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.
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