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We have an elderly Canadian gentleman that has been married ...

 

Customer Question

We have an elderly Canadian gentleman that has been married since January 2002 to an American Citizen. He has his green card. She has filed for a divorce that is to be final this week. His attorney told him yesterday that he will no longer have Social Security or health insurance after the divorce. What is his status re: his Citizenship and getting health insurance etc? Where should he go for help?

 

Optional Information:
New Port Richey, Florida

Already Tried:
This is all. He doesn't know where to go. We are just friends.

Submitted: 1828 days and 8 hours ago.
Category: Immigration Law
Value: $15
Status: CLOSED
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Expert:  LEV replied 1828 days and 5 hours ago.

Please verify when the gentleman received a Green Card? There should be a date on the Green card...

Customer replied 1828 days and 4 hours ago.

Reply to LEV's Post: The date of Permanent Residency on the green card is 12/07/2005 his birthdate is 05/09/1922.

Accepted Answer

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Expert:  LEV replied 1828 days and 3 hours ago.

As his permanent resident status was granted after being married for two - years - there should not be any condition for the status , but he may not apply for Naturalization after three years based on Marriage if he will be divorced by that time. he will be eligible to apply for naturalization only after 5 years - from 12/07/2005 - he may filed a petition 90 days before 12/07/2010.

As he will be divorced and would be married for less than 10 years - he will not be eligible for any SS benefits based on the former marriage.

If the gentleman did not work in the US - he will not be eligible for SS benefits. He might be eligible for SSI benefits - please see requirements here - http://www.ssa.gov/ssi/text-eligibility-ussi.htm

His Medicaid eligibility depends on the state law - in Florida - please see details in this publication - http://www.dcf.state.fl.us/ess/ssifactsheet.pdf

Expert TypeAnswer Team
Category: Immigration Law
Pos. Feedback: 100.0 %
Accepts: 226
Answered: 5/2/2008

Experience: Taxes, Immigration, Labor Law

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