Is a foreign national who lived in the United States for several years and then got deported eligible to collect social security benefits?
Can a Deported Person Collect Social Security Benefits?
Unfortunately, no. You must eventually return to the U.S. as a lawful permanent resident to be able to collect social security benefits during the time spent outside of the U.S. However, suppose you return to the U.S. after your travel ban expires and become a legal resident again. In that case, you will be entitled to start receiving your social security payments again.
Collecting Your Social Security Immediately
Rushing to return to the U.S. to collect your social security as soon as possible is not ideal. First you must attempt to petition for a waiver that will allow you to return to the U.S. on a new visa of that sort. If you have a spouse, who is still a legal resident or citizen, they can petition for a new green card on your behalf. This will allow you to reunite with your spouse without having to wait for your travel ban to end.
After you have been granted a new U.S. green card as a lawful permanent resident you are then able to regain your social security benefits. If you are dependent on your social security benefits to make ends meet, it is worth seeking the assistance of an immigration attorney when it comes to obtaining a waiver to return to the U.S. as soon as possible.
Unfortunately, if you have been issued a 20-year ban or a lifetime ban on reentering the U.S., you will not be able to apply for a waiver and will have to wait for your travel ban to expire.
Loss of Social Security Relief
If you have been issued a lifetime ban for being deported from the country countless times or being convicted of several aggravated felonies you will then be permanently barred from entering the country. In this case, it is advisable to contact an experienced immigration attorney so you can weigh out any options of returning to the U.S. ever again.
The Duration of Your Stay Does Not Dictate Your Eligibility for Social Security Benefits
If you have been deported to your home country after an immigration hearing it does not matter how many years you may have spent living in the U.S. You cannot claim any social security benefits outside of the U.S. Even if you have been an official green card holder for several decades before your deportation, it does not matter and the U.S. government will still bar you from collecting social security benefits.
Can Someone Collect Social Security Payments on Your Behalf
Social security payments can be collected by a lawful permanent resident or U.S. citizen spouse who has not been deported from the U.S. However, this process can be complex. You will need the assistance of an immigration attorney to ask if your spouse can manage your social security benefits.
Talk to an Immigration Law Representative
If you have been relocated to your home country after a deportation order, you will not be able to continue receiving social security benefits. However, the great news is that with the help of an immigration attorney you might be able to return to the U.S. and become a lawful permanent resident again and regain access to those benefits. Do not hesitate to contact Gambacorta Law Office at 1-847-786-2599 for assistance with your deportation order and seeing how you can regain access to your social security benefits.