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Shall the 12 years old daughter get child's benefits in China after her father past away who has a green card?

Asked almost 3 years ago - Houston, TX

My friend had a brain cancer, and past away last Oct. He has been to Houston, TX since 1996 and he had a green card. after He came to the USA, he divoced. his ex-wife and His 12 years old daughter both have never been to USA.

I was told by Social Security benefit : the daughter is eligible for child's benefits. Although she is eligible, she may be paid monthly benefits only if she or her mother has resided in the United States for at least 5 years.

but as I mentioned, the daughter has never come to the USA, either her mother.

then I called ss. again, they said: One way for her to receive benefits is for
her to be in the US for one-full calendar month. She must be in the US
the 1st day (whole day) of the month up to the last day (whole day) of
the same month. Your stepdaughter will be paid while she is in the
US and for six more months after she leaves the US.

her grandparents really hope me to find out more info. I respect them very much and I am so sorry for their lost, so I was wondering if there is any way for the daugther to get her benefits without coming to the USA first?

thank very very much!

sincerely,
Jing (email address: j_jing@hotmail.com)

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Attorney answers (1)

Patricia B Minikon

Reputation Level 6

Answered about 2 years ago. Immigration Attorney in Greenbelt, MD.

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You should consult with an attorney who specializes in Social Security law instead of only getting information from the social security office. Some countries have reciprocal agreements with the US to pay out social security benefits to citizens of those countries who have worked in the U.S. Perhaps the daughter could take advantage of that agreement, depending on her father's citizenship and where she now resides.

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