If you are interested in the rights of individuals who are forcibly removed from the United States through deportation orders, continue reading as you’ll learn about whether or not deportees are eligible to collect social security payments. As well as how you can minimize the amount of time that you’re not eligible to receive social security benefits.
Can A Deported Person Collect Social Security?
Unfortunately no, unless you eventually return to the United States as a Green Card holder, you will not be able to collect security, during the time which you spend outside the United States. However, if you do choose to return to the United States after your travel ban expires and you become a legal resident again, you will be entitled to start receiving your social security payments again.
So if you’ve spent many years in the U.S as a citizen and have earned the right to collect social security, if you are deported, it’s a wise idea to attempt to return to the US as a legal resident once your travel ban expires. Particularly if you rely on your social security benefits in order to get by.
Returning To The U.S To Collect Your Social Security As Soon As Possible
If you are in a rush to return to the United States as soon as possible, it’s well worth seeking a waiver, which will allow you to return to the US if you are able to obtain a new Visa. If you have a spouse, who is still a legal resident or citizen, they will be able to petition for a new Green Card for you. That will allow you to be reunited with your spouse without having to wait for your travel ban to end. If you are granted a new Green Card as a legal resident you’ll be able to start claiming social security again. So if you rely on your social security in order to make ends meet, it’s well worth talking to an immigration attorney about obtaining a waiver to return to the US as soon as possible.
Unfortunately, if you have been issued with a 20-year ban or a lifetime ban on reentering the United States, you won’t be able to apply for a waiver and will have to wait for your travel ban to expire.
Possibilities Of Permanently Lose Your Social Security Benefits
Sadly, if you have been issued a lifetime ban for being deported from the country numerous times or being convicted of several aggravated felonies, you may be barred from entering the US on a permanent basis. In this situation, it’s highly advisable to contact a reputable immigration attorney. To see if there is any way that you’ll be able to return to the US again.
The Amount Of Years Lived In The US Will Not Change Your Eligibility For Social Security
If you have been successfully deported to your country of origin after going through an immigration hearing, it does not matter how many years you spent living in the United States. You will not be eligible to claim any social security benefits outside of the United States. Even if you held a Green Card before your deportation for several decades, it does not matter and you’ll still be barred from collecting social security benefits.
For this reason, it’s highly advisable to start the process to become a full citizen as soon as you are able to do so. Which for most individuals is after holding a Green Card for a period of 5 years. As once you go through the ceremony to become a citizen you will have the peace of mind of knowing that you can never be deported and as a result will never miss out on receiving social security. Unfortunately, many long-time residents become complacent with their status of being long-term residents and don’t realize the risk that they put themselves through by neglecting to become US citizens.
Your Spouse Can Potentially Collect Your Social Payment Security On Your Behalf
If your spouse is a legal US citizen or resident and is not deported from the country, there is a small chance that they may be able to collect your social security payments for you. However, this process is complicated and if you are interested in having a spouse collect your social security, you’ll need to talk to an attorney for assistance. If you’re concerned that your spouse may not be able to claim their own social security benefits without you, there’s no need to be concerned as they will have no trouble claiming their share of your social security payments. So you won’t have to worry about leaving your spouse without the financial means in order to support themselves in your absence.
While you are located in your country of origin after you have been deported, you will not be able to continue receiving social security benefits. However, the great news is that once you return to the US and become a legal resident once again, you will be able to start accessing your social security benefits again. Better yet, while one of the key consequences of being deported is that you will be issued with a travel ban which is likely to span several years, you can apply for a waiver to reenter the country sooner, as long as you are able to obtain a new Green Card. Such as a family-sponsored Visa or an employer-sponsored Visa.
So if you are deported and are afraid of losing your social security benefits which you worked hard to qualify for, all is not lost. As with careful planning, you will be able to collect your social security benefits again. If you want to return to the US as quickly as possible in order to start claiming your social security benefits sooner, it’s a great idea to talk to an experienced immigration attorney, in order to expedite your return to the United States.
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