Can a person receive his retirement benefits after surrendering his green card? Worked here legally for 40 years.

Asked over 1 year ago - Vallejo, CA

My bro-in-law from Philippines worked here legally with a green card for 35 - 40 years. He stayed away too long in Philippines caring for mother. When he returned, agents siezed his green card. He is in his 60's. He went to SSA and applied for retirement. They refused because he no longer has a green card. He will probably never get it back because he has no relatives in U.S. to claim him. If, after paying social security taxes for all that time and being legal the entire time, can they really deny him his benefits?

Attorney answers (3)

  1. Fernanda Nunes Hottle

    Pro

    Contributor Level 14

    3

    Lawyers agree

    Answered . To receive SS benefits, a person must be in the US under a lawful status.

    That being said, some questions remain. A person does not lose his/her legal permanent residence status that easily. They have to appear before an Immigration Judge, and the Judge has to rescind the status. When did he return? Did he go before an Immigration Judge?

    Best thing would be for him to consult with an Immigration attorney right away. Only after resolving this issue will he have a chance of getting his SS benefits.

    [This answer is for general purposes only; it does not constitute advice and does not establish an attorney-client... more
  2. Dean P Murray

    Contributor Level 18

    3

    Lawyers agree

    Answered . More information is needed about what exactly transpired. This is a matter that is very serious and best handled in a consultation with an immigration lawyer. Some questions are Avvo-appropriate, but this is not one of them.

    If you appreciate the time spent preparing this answer, kindly consider marking it BEST HELPFUL. Good luck to you.

    Dean P. Murray
    The Murray Law Firm
    560 Sylvan Avenue
    Englewood Cliffs, NJ 07632
    T: (201)875-2600
    F: (201)549-8700

    Mr. Murray's response is NOT legal advice and does NOT create an attorney-client relationship. You should NOT rely... more
  3. David J. McCormick

    Contributor Level 20

    2

    Lawyers agree

    Answered . He needs to talk with an immigration attorney ASAP to discuss his legal options.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more

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