If you are an Insured Worker with dependents, including both Preparing Immigrants and Supervised Immigrants, and you face the possibility of future removal from the U.S., you should take measures to obtain U.S. citizenship for your dependents.
- If your dependents cannot obtain U.S. citizenship, they should understand that if they leave the U.S. for any period after you are deported, they will waive their rights to Social Security Benefits while outside the country.
If you are an Insured Worker and your dependents are deported but you are not, you should arrange for the means to wire or otherwise transfer the benefits to your dependent to their home countries, if necessary.
If you are a Preparing or Supervised Immigrant and already received a notice of hearing on removal, consider asking for “Voluntary Departure”.[1] Immigrants granted Voluntary Departure are not deemed “deported” or “removed” and may be able to receive Social Security Benefits once back in their home country.
To qualify for Voluntary Departure, the following criteria must be met:
- presence in the U.S. for at least 1 year prior to the date notice to appear was served;
- person of good moral character for at least 5 years directly before applying for Voluntary Departure;
- not accused of an aggravated felony;
- not deportable for public safety or national security reasons; and
- established by clear and convincing evidence of having the means to depart the U.S. and the intention to do so.
[1] Immigrants granted Voluntary Departure have to pay for their own expenses to leave and post a bond. If they fail to leave within the specified timeframe. there is a large fine, the bond is lost, and the immigrant will face a 10-year bar to lawful re-entry.