Q: can the Social Security Administration count my undocumented aliens spouse's income against me and stop my SSI benefits
My husband does not have a SSN and is not authorized to work in the US. We are in the process of applying for his green card but still not been approved. I receive SSI & Medicaid. I reported my marriage to my husband immediately after getting married but the rep told me that since he wasn't authorized to be employed in the US that his earnings couldn't be counted against me. But NOW 2 years later they are requesting our last 2 income tax returns which we filed using his ITIN number & I'm scared that if he earned too much my benefits will be terminated. Which I depend on to financially support myself & my children I had prior to marrying him & I am psychologically disabled & require a lot of medication & I have to be seen by my psychiatrist monthly. if my Medicaid is terminated they might as well be signing my death certificate because I will not be able to function without my medication. My husband isn't eligible for health insurance through his job.
A:
This seems a bit more complicated. More information is needed. Do you have a joint sponsor? Your husband should qualify for work authorization if he is eligible to adjust status. If not, due to complications with filing, it seems like you need an attorney, soon!
If "the rep" is not an attorney, then that person is not authorized to provide legal advice and instruction on what forms to fill with USCIS. A certified accredited rep must work under an attorney and be registered with the Board of Immigration Appeals. Go to https://www.justice.gov/eoir/recognized-organizations-and-accredited-representatives-roster-state-and-city
I strongly recommend that your husband schedule an appointment or teleconference with a competent and experienced immigration attorney before there are any other complications. Good luck.
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