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DAP Forums > DREAM Act > The Lounge

Will you get Soc Security Benefits for time worked before legalization??

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#1
12-05-2011, 09:03 PM
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floridagirl
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Okay so my mother and law and I are in a debate about something. Let me back track a little, my husband used to be on this Forum until he decided to stop waiting for the Dream Act. He went back to Brasil in June. More on that, but first back to Mom in Law.
She is in her 50's. Shes been here for 20 years and isn't documented. She and my father in law (also undocumented) divorced this year. Anyway, she is thinking that if she marries again (a US citizen) she can then apply for a Green Card. She went on to say she hopes to marry again because then she can collect her Social Security when she turns 65. She pays taxes every year and has a Social Security number but of course works illegally based on her status. Im a little worried that she is counting on getting a Soc Security check and is going to be very disappointed if she doesn't. Shes estimating that shes going to receive $800 a month. My question is this...If she were to get her Green Card does she still receive benefits based on the time that she worked before she become legalized or are they only going to honor the time she worked afterwards???

Back to my husband. We have been married for 10 years & have two kids. Based on the way he entered (under a false passport when he was a kid) his only choice was to go back to Brasil while I petitioned for him. Dream Act wasn't going to work anymore for him when it does finally go through because he is in his early thirties already. Now that he is back there we've decided not to even bother trying. First, he started over there with perfect credit (LOL), then he got an excellent job paying double the minimum salary and he doesn't even have to work more than 30 hrs a week. He says its awesome and my kids (who are attending school there) are excelling in academics. For us, its no longer a dream to stay here because we are fortunate enough to actually have the opportunity for a better life over there.
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#2
12-06-2011, 12:55 AM
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If the SSN belongs to your name, yes.
If the SNN belongs to somebody else, then that somebody else gets to claim it.
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#3
12-06-2011, 02:24 AM
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floridagirl
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No its hers. So I'm glad she will get it. My husband has a Social Security number too. I have always been confused as how they were able to get Social Security numbers... They arent valid for employment, but my husband worked with his anyway for 15 years with no problems (except avoiding showing the card because it says not valid for empl). After laws changed through the years I guess they stopped issuing SSN to anyone without a Green Card.
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#4
12-06-2011, 01:22 PM
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elihu
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In 1996, the law changed when Congress passed IIRIRA (the Illegal Immigration Reform and Immigrant Responsibility Act), which discontinued issuing SSNs to people not here legally.
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#5
12-06-2011, 09:03 PM
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It actually depends on the situation.I have heard of some getting the full benefits from the "Earnings suspense file" when they legalized.Considering what you wrote I would think it highly likely she would be allocated her portion of what she payed into the system if she was legalized.

I would also highly suggest she place the SSN she has onto any application for immigrant status so as to facilitate an easier time for the government to link-up the funds.When going to the SSA they'll ask her for her permanent residency to prove identity so they may link-up the funds AND issue a new unrestricted Social security card[w/ the same number] to reflect her immigration status in the system through her SSN !
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