Houston, TX asked in Immigration Law, Public Benefits and Social Security for Texas

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.

1 Lawyer Answer
Kevin L Dixler
Kevin L Dixler
  • Immigration Law Lawyer
  • Milwaukee, WI

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.