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Law Educator, Esq.
Law Educator, Esq., Immigration Law Answer Team
Category: Immigration Law
Satisfied Customers: 116816
Experience:  Immigration Law Expert
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My husband have been incarcerated for at least 28yrs. He

Customer Question

My husband have been incarcerated for at least 28yrs.
He finally got deported about 3yrs now & was told that he has social security benefits.
He's not an American citizen but I am. He's having a hard time getting employment in his country because of his age & desperately needs his social security benefits to be able to survive. How can we go about applying for it?
Submitted: 6 months ago.
Category: Immigration Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Normally, if he was working in the US legally and worked for AT LEAST 10 years (40 quarters) he should be eligible for benefits based on his work. However, even if he did not work 40 quarters, if you were married at least 10 years, he normally could receive benefits based on your SS benefits as well.
So, there has to be some reason why they are not issuing him benefits, and that reason is the US law stating that if he has been deported he loses all rights to benefits. The law is very strict and provides for NO exceptions I am sorry to say. Thus, if he was deported, he is not eligible for benefits under his SS or your SS benefits even though he may have legally worked here and contributed.
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