Do You Have to Be a Citizen to Get Social Security Disability?

Permanent residents or lawfully present foreign workers who've paid Social Security taxes may be eligible for disability benefits.

By , Attorney UC Law San Francisco
Updated by Diana Chaikin, Attorney Seattle University School of Law
Updated 12/10/2025

Most people who receive Social Security Disability Insurance (SSDI) are American citizens, either living in the United States or abroad. But some non-U.S. citizen immigrants who’ve paid taxes into the Social Security system are also eligible to receive Social Security disability benefits.

Permanent residents (“green card” holders) who’ve worked for the required number of years are eligible for SSDI, as are non-citizens who are veterans or active-duty members of the U.S. military. And if you’re not a citizen or permanent resident but you’re lawfully present in the United States, you might be entitled to receive SSDI if you meet certain other criteria. Before you apply for disability, it’s important to know which category you fit under and whether you qualify for benefits.

Can Immigrants or Visitors Get Social Security Disability?

Most foreign workers in the United States are covered under the U.S. Social Security program and can potentially qualify for disability benefits—even if they aren't citizens or permanent residents. Federal law generally requires that if you work in the United States, you must contribute to the Social Security program by way of payroll (FICA) taxes.

If you pay Social Security taxes, you’re covered under SSDI for services performed in the United States. This is true even if you’re a nonresident alien or an employee who works in the United States for short periods.

But there are a few exceptions. If you’re a nonimmigrant foreign student or exchange visitor temporarily working in the United States, you might be exempt from paying Social Security taxes. If that’s the case, you wouldn’t qualify for disability benefits under SSDI if you become disabled.

Can a Permanent Resident Get Disability?

A permanent resident in the United States—that is, someone who holds a "green card"—is eligible for SSDI if they’ve paid Social Security taxes for the required number of years. In some circumstances, even the time you spent working outside the United States can help you meet the non-medical criteria for SSDI.

Some countries have special agreements with the Social Security Administration (called “totalization agreements”). Under these agreements, if you’ve worked and paid into another country's social insurance system, then—depending on the country—you can add that time to the time you worked in the United States to help you meet the “work credits” SSDI requirements.

The following countries have totalization agreements with Social Security under 42 U.S.C. § 433:

Australia

Italy

Austria

Japan

Belgium

Luxembourg

Brazil

Netherlands

Canada

Norway

Chile

Poland

Czech Republic

Portugal

Denmark

Slovak Republic

Finland

Slovenia

France

South Korea

Germany

Spain

Greece

Sweden

Hungary

Switzerland

Iceland

United Kingdom

Ireland

Uruguay


Permanent residents can establish their qualifications by showing their legal permanent resident (LPR, or “green card”) documents to Social Security.

How Can Resident Aliens Prove They’re Lawfully in the United States?

If you’re a resident alien rather than a permanent resident, you'll have to show Social Security that you’re lawfully present in the United States under one of the following conditions:

  • admission as a refugee or conditional entrance as a refugee
  • asylum status or pending application for political asylum
  • temporarily visiting on a nonimmigrant visa
  • member of a class of aliens permitted to remain in the United States for humanitarian or other public policy reasons
  • granted parole into the United States
  • deportation withheld or pending application for withholding of deportation, or
  • you’ve been battered or subjected to cruelty by a family member, or have been a victim of human trafficking, while in the United States.

(8 C.F.R. § 1.3 (2025)). Undocumented immigrants who aren't in the U.S. lawfully aren't eligible for Social Security disability benefits. (42 U.S.C. § 402(y)(2025)).

What’s Acceptable Proof of Citizenship for Social Security Benefits?

If you're applying for SSDI as a citizen, you'll have to show proof of your citizenship when you file your claim. Citizenship may be acquired by birth or by naturalization. Acceptable forms of proof include a birth certificate from the following locations:

  • one of the 50 U.S. states
  • the District of Columbia
  • Puerto Rico
  • Guam
  • U.S. Virgin Islands
  • American Samoa
  • Swains Island, or
  • Northern Mariana Islands (on or after November 4, 1986 local time).

Many other documents will also be accepted as proof of citizenship, including several issued by U.S. Citizenship and Immigration Services (USCIS) and the former Immigration and Naturalization Services (INS). Any of the following documents will satisfy Social Security’s proof of citizenship requirement:

  • U.S. passport issued by the U.S. State Department
  • U.S. passport card
  • Forms N-550 and N-570 (Certificate of Naturalization issued by USCIS or the INS)
  • Form I-197 (U.S. Citizen Identification Card issued by USCIS or the INS)
  • Form FS-240 (Consular Report of Birth Abroad of a Citizen of the United States issued by the U.S. State Department)
  • Form FS-545 (Certification of Birth issued by a foreign service post)
  • Forms N-560 and N-561 (Certificate of Citizenship issued by USCIS or the INS)
  • Form DS-1350 (Certification of Report of Birth issued by the U.S. State Department)
  • American Indian Card I-872 (DHS for Kickapoo Indian Tribe), or
  • Northern Mariana Card I-873 (INS card for birth in the Northern Mariana Islands before 1986, obsolete but still valid).

Can You Receive Benefits While Living Outside the United States?

U.S. citizens who receive SSDI can generally continue to do so as long as they remain eligible, even if they live outside of the United States. Non-citizens and permanent residents who collect SSDI can typically continue to receive benefits from living abroad, although they’re subject to certain restrictions based on citizenship status and country of residence.

However, there are some countries where Social Security can’t send disability payments—including North Korea and Cuba—no matter what your citizenship or immigration status is. (You can use the agency’s Payments Abroad Screening Tool to see if the country you plan to move to is on the disallowed list.) For more comprehensive information, see our article on collecting SSDI benefits when you leave the country.

How to Apply for Social Security Benefits as a Non-U.S. Citizen

The process of applying for Social Security benefits is the same for non-citizens as it is for citizens. The agency allows you several methods to choose from when you’re ready to file:

If you aren’t sure which method is right for you, check out our article on the best way to apply for disability benefits. For more information on SSDI eligibility for non-citizens and citizens alike, see Nolo's Guide to Social Security Disability: Getting and Keeping Your Benefits by David A. Morton III, M.D. And if you’re not certain about your eligibility for SSDI or how your immigration status affects your ability to receive benefits, it’s smart to contact an experienced attorney.

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