Q: My grandpa from Guatemala is 70 years old, came and worked 45 years legally in USA. Can he claim SSI benefits without GC
He has always been legal on EAD document until 5 years ago he missed renewal of his EAD as well as an interview for the green card when he moved to a new address and hence he does not have any legal status right now except his green card application is freshly filed by one of his granddaughters who is US citizen. He wants to move to Guatemala and retire there. Can he claim his social security retirement benefits without the green card? Can he just use the USCIS receipt of his pending green card application or some other documentation? His wife, my grandma is a green card holder but never worked in USA, hence does not get any SS benefits but can her legal status help my grandpa to claim his SS retirement benefits?
If your grandpa has worked in the United States and paid Social Security taxes, he may be eligible for Social Security retirement benefits, regardless of his current immigration status. However, to be eligible for retirement benefits, he must have earned 40 Social Security credits, which is equivalent to 10 years of work in the United States.
If your grandpa has earned the required number of Social Security credits, he may be able to claim retirement benefits even if he does not have a Green Card or other legal immigration status. However, he may need to provide documentation to prove his identity and work history, such as a Social Security card, a passport, or a birth certificate, among other documents.
If your grandpa's Green Card application is currently pending with USCIS, he may be able to use his USCIS receipt notice or other documentation to help establish his identity and work history when applying for Social Security retirement benefits. However, it is important to note that the rules and procedures for claiming Social Security benefits may vary depending on the specific circumstances of the case, and that it may be helpful to consult with an immigration attorney or a Social Security representative for more information on the specific requirements and procedures for claiming Social Security benefits.
As for your grandpa's wife, if she is a Green Card holder but has not worked in the United States or earned Social Security credits, she will not be eligible for Social Security retirement benefits on her own record. However, she may be eligible for spousal benefits based on her husband's work record, if he is eligible for retirement benefits and they have been married for at least one year.
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