Can I Get Social Security if My Husband Has Been Deported?

Save

The question of whether you can receive social security if your husband has been deported is dependant upon whether you want to claim his social security benefits or simply want to ensure that his deportation will not prevent you from collecting your own. The Social Security Administration (SSA) offers a fairly clear answer to the question.

Your Husand's Benefits

  • When an individual is deported, the Department of Homeland Security notifies the SSA, which then terminates the deported individual's benefits. Those benefits can be resumed when the individual returns to the country as a lawful permanent resident as long as he waits the mandatory 10 years and finds a legal way to enter the country, which may not spell bad news for you.

Dependent Benefits

  • As a dependent seeking survivor's benefits, you must meet two basic requirements. You must be a U.S. citizen and must have stayed in the U.S. after your husband was deported. These regulations are found in the SSA's text at 20 C.F.R. Section 404.464. You can only collect social security benefits in your husband's name if he worked in the U.S. long enough to earn social security benefits.

Personal Benefits

  • If you're a U.S. citizen and have paid into the social security system, your husband's deportation will not impact your ability to collect benefits. Generally, you'll be eligible for your own social security retirement benefits if you've earned 40 social security credits, translating to roughly 10 years of work.

Timing

  • As of July 2011, you are eligible for full retirement benefits between the ages of 65 and 67, depending on the year you were born. You can opt for permanently reduced benefits by taking early retirement at age 62. If you decide to delay your retirement, your benefits will be increased due to the fact that you won't be collecting them for as long.

References

  • Photo Credit Comstock/Comstock/Getty Images
Promoted By Zergnet

Comments

Related Searches

Check It Out

Are You Really Getting A Deal From Discount Stores?

M
Is DIY in your DNA? Become part of our maker community.
Submit Your Work!