If you are an immigrant who has qualified for Social Security Benefits in the past, but have since had your legal status revoked and face deportation, you may be eligible to make claims for Social Security Benefits only if you meet the following criteria:
- Lawfully admitted for permanent residence; and
- Granted non‐citizen classification within the last 7 years through a withholding of deportation or removal.
If you are detained and are already receiving Social Security Benefits, the government may suspend your Social Security Benefits while you are in detention. Nevertheless, you may appeal a decision by the SSA to suspend your Social Security Benefits while you are in immigration detention. While you are in detention you should take the following steps:
- Designate a trusted person to make copies of all letters you receive from the SSA.
- Create a log of every communication with the SSA, the date of the communication, the content of it, and the follow up steps the SSA or you will make.
- Add copies of your checks from the SSA to the log. Also, watch your bank account (or have the person you designated do it) if you are receiving direct deposit.
- If the SSA sends a letter telling you that your Social Security Benefits have been suspended because you are in detention, you should be prepared to appeal. You will then follow the steps outlined below.