TN 22 (05-95)

A. Policy - LAPR

An LAPR is an immigrant who has been granted the privilege of permanently residing in the U.S.

Some individuals who have not been granted LAPR status by INS could be granted such status if they applied for it. In addition, some individuals not granted LAPR status by INS are treated as LAPR immigrants.

For SSA purposes, the individuals listed in the categories below are considered LAPR.

1. American Indian Born In Canada

Canadian-born American Indians may freely enter and reside in the U.S. and are treated as LAPRs if they have at least one-half American Indian blood. This does not include a person who is the spouse or child of such an Indian nor a non-U.S. citizen whose membership in an Indian tribe or family is created by adoption, unless such person is of at least one-half American Indian blood.

2. Kickapoo Indian Born In Mexico

Kickapoo Indians born in Mexico are entitled to freely cross the borders of the U.S. to live and work in the U.S. These individuals are treated like LAPRs. This provision does not include either a child or spouse who is not a member of a Kickapoo Band or Tribe. Also not included in this provision are non-U.S. citizens whose membership in a Kickapoo Band or Tribe is created by adoption. (Refer to GN 00303.300E. for information about evidence of U.S. citizenship for a Kickapoo Indian.)

3. Special Agricultural Workers (SAWs)

Foreign agricultural workers who performed seasonal agricultural work in the United States for a least 90 days during the 12-month period ending on May 1, 1986, could have applied for and been granted LTR status. INS adjusted the status of aliens granted LTR status to that of an LAPR 1 year after the LTR application period closed.

Section 210(a)(5) of the INA specifies that an LTR SAW is considered an LAPR alien for all purposes except immigration. Therefore, consider a SAW in either temporary or permanent status to be eligible for any SSA program.

B. References

• LAPR for non-resident alien taxation purposes, GN 05010.030

• Information on PRUCOL, SI 00501.420