MERRY CHRISTMAS SOCIAL SECURITY – GREETINGS FROM LAWFULLY PRESENT SENIOR ALIEN
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Blessings on this Christmas Day are inspired by a promise given by Jesus, “Come to Me, all who labor and are heavy burdened, and I will give you rest.”(The Gospel According to Saint Matthew, Chapter 11, Verse 28)
The term ‘LABOR’ refers to work performed to earn a wage. A characteristic of all labor is that it consumes some part of the short days and years of human life. For labor consumes time, Labor Law includes old age and retirement income benefits. In Law, Servitude refers to labor in which the person who performs labor has no right to his earnings from labor. U.S. Social Security Administration’s Administrative Law Judge(ALJ), SSA, Office of Disability Adjudication and Review(ODAR), Livonia, Michigan 48152 issued Notice of Unfavorable Decision on December 04, 2015 to deny benefits to Senior Alien who applied on July 03, 2014 for a period of Disability and Disability Insurance benefits. The Judge(ALJ) alleges that Senior Alien is not lawfully present in the country who is continuously paying Federal, State, Social Security, and Medicare taxes since 1986 as mandated by Federal Insurance Contributions Act or FICA. Administrative Law Judge(ALJ) of SSA gave this Unfair, and Unjust Decision, a Decision that is not consistent with Immigration and Nationality Act. ALJ failed to interpret Code of Federal Regulations, 8 CFR 1.3 that describes eligibility criteria of Lawfully Present Aliens for purposes of applying for Social Security Disability benefits.
On November 06, 1986, President Ronald Reagan signed into law the ‘Immigration Reform and Control Act of 1986(IRCA) which created a “Legalization” program under Section 245A of the Immigration and Nationality Act(Act). It allowed for certain aliens to apply for Adjustment of Status. On December 21, 2000, President Bill Clinton signed into law the legal Immigration Family Equity Act(LIFE Act), which provides for numerous different immigration benefits under a modified version of Section 245A of the Act. Both IRCA of 1986 and LIFE Act of 2000 provide for the same ‘CONFIDENTIALITY’ provisions as per Section 245a.21 of the Act. Section 265 of the Act requires nonimmigrants to register with the Service(Department of Homeland Security). Nonimmigrants have to comply with the change of address notification as per Section 237(a)(3)(A) of the Act.
Department of Homeland Security(DHS) knows about the Presence of Senior Alien for he had registered with the Service as mandated by Law. DHS cannot take action such as sending a ‘Notice to Appear’, or initiate Removal or Exclusion Proceedings against certain Alien Non-Immigrants whose stay in the country is protected or shielded by ‘Confidentiality’ provisions of the Immigration and Nationality Act. The Law has established a policy to permit certain Non-Immigrant Aliens to stay in the country by specifically prohibiting DHS from taking adverse action that may affect their continuous stay in the country. For that reason, in my analysis, some Nonimmigrants such as Senior Alien are lawfully present in the country. It will be utterly ridiculous to suggest that Immigration and Nationality Act defends “Unlawful Presence” of Non-Immigrant Aliens in this country.
Rudranarasimham Rebbapragada
Ann Arbor, MI 48104-4162 USA
SPECIAL FRONTIER FORCE
CORNELL UNIVERSITY LAW SCHOOL
8 CFR 1.3 – Lawfully present aliens for purposes of applying for Social Security benefits.
§ 1.3 Lawfully present aliens for purposes of applying for Social Security benefits.
(a) Definition of the term an “alien who is lawfully present in the United States.” For the purposes of 8 U.S.C. 1611(b)(2) only, an “alien who is lawfully present in the United States” means:
(1) A qualified alien as defined in 8 U.S.C. 1641(b);
(2) An alien who has been inspected and admitted to the United States and who has not violated the terms of the status under which he or she was admitted or to which he or she has changed after admission;
(3) An alien who has been paroled into the United States pursuant to section 212(d)(5) of the Act for less than 1 year, except:
(i) Aliens paroled for deferred inspection or pending removal proceedings under section 240 of the Act; and
(ii) Aliens paroled into the United States for prosecution pursuant to 8 CFR 212.5(b)(3);
(4) An alien who belongs to one of the following classes of aliens permitted to remain in the United States because DHS has decided for humanitarian or other public policy reasons not to initiate removal proceedings or enforce departure:
(i) Aliens currently in temporary resident status pursuant to section 210 or 245A of the Act;
(ii) Aliens currently under Temporary Protected Status (TPS) pursuant to section 244 of the Act;
(iii) Cuban-Haitian entrants, as defined in section 202(b) ofPub. L. 99-603, as amended;
(iv) Family Unity beneficiaries pursuant to section 301 ofPub. L. 101-649, as amended;
(v) Aliens currently under Deferred Enforced Departure (DED) pursuant to a decision made by the President;
(vi) Aliens currently in deferred action status;
(vii) Aliens who are the spouse or child of a United States citizen whose visa petition has been approved and who have a pending application for adjustment of status;
(5) Applicants for asylum under section 208(a) of the Act and applicants for withholding of removal under section 241(b)(3) of the Act or under the Convention Against Torture who have been granted employment authorization, and such applicants under the age of 14 who have had an application pending for at least 180 days.
(b) Non-issuance of a Notice to Appear and non-enforcement of deportation, exclusion, or removal orders. An alien may not be deemed to be lawfully present solely on the basis of DHS’s decision not to, or failure to:
(1) Issue a Notice to Appear; or
(2) Enforce an outstanding order of deportation, exclusion or removal.
The text on the eCFR tab represents the unofficial eCFR text at ecfr.gov.
§ 1.3 Lawfully present aliens for purposes of applying for Social Security benefits.
(
a) Definition of the term an “alien who is lawfully present in the United States.” For the purposes of 8 U.S.C. 1611(b)(2) only, an “alien who is lawfully present in the United States” means:
(1) A qualified alien as defined in 8 U.S.C. 1641(b);
(2) An alien who has been inspected and admitted to the United States and who has not violated the terms of the status under which he or she was admitted or to which he or she has changed after admission;
(3) An alien who has been paroled into the United States pursuant to section 212(d)(5) of the Act for less than 1 year, except:
(i) Aliens paroled for deferred inspection or pending removal proceedings under section 240 of the Act; and
(ii) Aliens paroled into the United States for prosecution pursuant to 8 CFR 212.5(b)(3);
(4) An alien who belongs to one of the following classes of aliens permitted to remain in the United States because DHS has decided for humanitarian or other public policy reasons not to initiate removal proceedings or enforce departure:
(i) Aliens currently in temporary resident status pursuant to section 210 or 245A of the Act;
(ii) Aliens currently under Temporary Protected Status (TPS) pursuant to section 244 of the Act;
(iii) Cuban-Haitian entrants, as defined in section 202(b) of Pub. L. 99-603, as amended;
(iv) Family Unity beneficiaries pursuant to section 301 of Pub. L. 101-649, as amended;
(v) Aliens currently under Deferred Enforced Departure (DED) pursuant to a decision made by the President;
(vi) Aliens currently in deferred action status;
(vii) Aliens who are the spouse or child of a United States citizen whose visa petition has been approved and who have a pending application for adjustment of status;
(5) Applicants for asylum under section 208(a) of the Act and applicants for withholding of removal under section 241(b)(3) of the Act or under the Convention Against Torture who have been granted employment authorization, and such applicants under the age of 14 who have had an application pending for at least 180 days.
(b) Non-issuance of a Notice to Appear and non-enforcement of deportation, exclusion, or removal orders. An alien may not be deemed to be lawfully present solely on the basis of DHS’s decision not to, or failure to:
(1) Issue a Notice to Appear; or
(2) Enforce an outstanding order of deportation, exclusion or removal.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.
This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing
Office].
It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.
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