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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13507
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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My husband has paid into social security and lived in this

Customer Question

My husband has paid into social security and lived in this country for over 30 years. He is not a citizen. When I filed his claim for benefits a cretic are nacimento is require I learned that this is a birth certificate which he has. As a on citizen' is he eligible to fille or because he was born in Cuba is he no eligible and will he be denied and sent to Cuba
Submitted: 1 year ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Is your husband currently here lawfully? I.e. does he have a valid Green Card or other Visa for his presence?

Customer: replied 1 year ago.
He has. A passport
Customer: replied 1 year ago.
Something happened in legal situation; he lost his passport and inadvertently crossed into Canada and deported himself? Since our marriage and even prior he has worked and has no legal situation. He also has a social security card and birth certificate
Customer: replied 1 year ago.
Can u check his status. I was told that he visited a lawyer and was told to stay sway from trying for a visa as he has deported himself
Expert:  Stephanie O Joy, Esq replied 1 year ago.

Oh boy. OK, a passport can prove he entered the country legally, but not that he remained here legally after his date to leave passed.

I can not check is status, as that is private, highly confidential information between he and the Immigration agency.

I am confused though, if he deported himself, does that mean he is no longer in the USA? Or did he get back in?

But moving on. generally one can't collect SS while not legally present. He can potentially collect if he leaves, but, what he will likely want to do if he wishes to stay here is consult with an Immigration lawyer to determine how best to become legally present.

The statement about not trying for a visa because he has legally deported himself is not really clear to me - since he is clearly not deported. But, that said, he really needs to address his non-legal status and get it resolved if collecting his SS benefits is important to him. It may mean leaving for a while, and coming back in legally, having perhaps applied for a visa and then green card.

So, in answer to your question, no, generally non-legal status (no green card, no visa, and not a citizen) means no SS will be paid, unless and until he fixes that OR, decides to collect while present elsewhere. SO that he is not "non legally present" here.

Expert:  Stephanie O Joy, Esq replied 1 year ago.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gottenanything less, please reply back, I amhappy to address follow-up questions.

Kindly rate me "excellent"when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

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