17.2 Which Noncitizens Are Eligible to Receive Social Security Benefits?

17. Social Security

• Checklist: Social Security
• 17.1 Understanding Social Security – Basic Definitions
• 17.2 Which Noncitizens Are Eligible to Receive Social Security Benefits?
• 17.3 What Should You Do if You Are Already Receiving Social Security Benefits Payments?
• 17.4 Are Immigrants Facing Deportation Eligible for Social Security Benefits?
• 17.5 My Social Security Benefits Have Been Suspended Since I Have Been in Detention, What Should I Do?
• 17.6 What Happens to Social Security Benefits If You Are Deported?
• 17.7 What Happens to Social Security Benefits If the Insured Worker is Deported but You Remain in the U.S.?
• 17.8 What Should Preparing and Supervised Immigrants Do Before Leaving the U.S.?

Note: Undocumented immigrants are not eligible to receive Social Security benefits either directly as a worker or as a dependent or survivor. The information below only applies to immigrants who are lawfully present in the U.S.

Insured Workers

Insured Workers are any individual immigrants who are authorized to work in the U.S. and therefore have a Social Security Number and contribute to Social Security while working for U.S. employers or foreign affiliates under certain circumstances.

If you are an Insured Worker, to be eligible to receive Social Security Benefits you must meet the following criteria:

• You can receive Retirement Benefits if you have worked and paid Social Security taxes for at least 10 years and have reached retirement age (at least 62 or between the full retirement ages of 66 and 67);
• You can receive Social Security Disability (SSD) Benefitsif you have a disability, are not able to work, and typically worked at least 5 of the last 10 years;
  • If you are under the age of 24, you may be able to receive SSD Benefits with fewer years of work.

Additionally, you can receive Supplemental Security Income (SSI) Benefits if you meet the criteria to be considered a “qualified alien,” have limited income and resources, and are either aged 65 or older, blind or have disabilities. You can learn more about SSI benefits for noncitizens and “qualified alien” requirements on the SSA website:
ssa.gov/ssi/spotlights/spot-non-citizens.htm.

Family Benefits & Dependents

If you are an Insured Worker, your dependents, for example your spouse or child, must meet the following criteria to be eligible to receive Social Security Benefits:

• Your spouse (including former) is age 62 or older;
• Your spouse is taking care of a child under 15 or a child with disabilities (Spouses who have never worked or have low earning get up to half of a retired worker’s full benefit);
• Some valid non-marital legal relationships may be eligible;
• Children are eligible if they are unmarried, 17 years or under or ages 18-19 and in school full time who have not graduated high school; or
• Any child with a disability that developed at age 21 or younger is eligible.

Survivors

If you are a survivor of an Insured Worker, to be eligible to receive Social Security Benefits, you must meet the following criteria:

• If you are a surviving spouse, you are age 60 or older (or age 50-59 if with disability), you were married for at least 9 months before their death, and you did not remarry before age 60 (or age 50, if with disability);
• If the Insured Worker was your former spouse before their death, you must have been married for at least 10 years;
• Some valid non-marital legal relationships may be eligible;
• Children are eligible if they are 17 years or under or ages 18-19 and in school full time who have not graduated high school; or

Any surviving children with a disability that developed at age 21 or younger.