Immigration Corner | Am I entitled to social security benefits?

Dear Miss Dahlia Walker-Huntington,

In 1986, I arrived in the United States of America on a visitor’s visa and overstayed. During an amnesty, I was able to get a social security number. Not that I am proud of my past actions, but at that time, I was encouraged to do so by an American man. In the end I realised he wasn’t an attorney but an advocate for immigrants.

Prior to going back to school, I did several odd jobs then was able to get a permanent job as a clerk/typist. I stayed in this position for six years.

However, I became uncomfortable because the work permit I had received through the amnesty was expired. While unbearable, I waited on Immigration Department for an interview date. Whether I would be deported or not, I wasn’t sure, but I was scared and nervous on my job, so I returned home to Jamaica in 1995.

I am aware that I am entitled to social security benefits but not sure how to go about this since I no longer live in America and don’t have a visa.

Thanks in advance.

AS

Dear AS,

Your story is unfortunate because you could have had an opportunity to become a Lawful Permanent Resident through the US Immigration Amnesty that was available in the 1980s to persons who were unlawfully present in the United States. It appears that you did not seek the services of an immigration lawyer but a notario of some sort. Always use licensed practitioners with specialised knowledge for these life-deciding issues.

Although you had a US Social Security number and deductions were made from your salary and paid into the Social Security system, you are not entitled to the benefits unless you are a US citizen or Lawful Permanent Resident or had some legal authority to work in the United States. Likewise, the fact that you are outside of the United States prevents you from collecting Social Security benefits. If you were lawfully entitled to Social Security, you would still be able to collect it even if you were outside the United States.

For further information on eligibility for US Social Security benefits, you can visit www.ssa.gov.

Dahlia A. Walker-Huntington, Esq. is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a diversity and inclusion consultant, mediator and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com