• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

SB-1 - divorced spouse social security benefits

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

floanna

Junior Member
What is the name of your state? Florida

My mother was a permanent resident and I was born in the US. She lived in the US for 30 years and her mother was sick and she returned to her country to visit her and she died. There was a family conflict and she wasn’t able to return within one year and lost her green card. Now she would like to return to the US and live part of the year but still would like to return to her country part of the year.
My question, she divorced my father who still lives in the US and has been naturalized and would like to receive divorced spouse social security benefits. I read all the information I could about qualifying and she could but would need to be naturalized or have a green card which she lost. What should she do, apply for a SB-1 returning resident or is there a way a non-resident can obtain benefits? I do not think she can apply for naturalization because she lost the green card. Any suggestions?
 


Silverplum

Senior Member
What is the name of your state? Florida
My mother was a permanent resident and I was born in the US. She lived in the US for 30 years and her mother was sick and she returned to her country to visit her and she died. There was a family conflict and she wasn’t able to return within one year and lost her green card. Now she would like to return to the US and live part of the year but still would like to return to her country part of the year.

My question, she divorced my father who still lives in the US and has been naturalized and would like to receive divorced spouse social security benefits. I read all the information I could about qualifying and she could but would need to be naturalized or have a green card which she lost. What should she do, apply for a SB-1 returning resident or is there a way a non-resident can obtain benefits? I do not think she can apply for naturalization because she lost the green card. Any suggestions?
Are you actually saying that she lived here for THIRTY YEARS and considers someplace else to be "her country?" :eek: And yet, she wants THIS country to provide bennies to her.

Amazing. Simply amazing.
 

ImmigAttyLana

Senior Member
If she lost her permanent resident status due to abandonment, then not only is she not yet able for naturalization, but she cannot even enter the US as a green card holder (since she no longer has that status). She would need to be petitioned by a qualifying family relative (possibly you, if you are a US citizen since you noted you were born in the US and if you are over the age of 21). The process will take about a year before she can get an immigrant visa to enter the US as a permanent resident and, assuming she maintains her permanent resident status for 5 years, she will then be eligible for naturalization.

If she is not interested in residing in the US but just wants to find out about how she can qualify for the benefits, you should consult with an attorney who handles that area of the law.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

floanna

Junior Member
Thank you for your helpful response. My mother was a housewife for 20 years then my father left us without any support. She worked for 10 years, raised three children on her own, and paid into social security. She did not want to leave the US. All of her kids and grandkids live here. Her mother was sick and she returned to help her. Once she died there was a family property dispute and she was required to stay for the court. It was beyond her control to return within a year back to the US. She doesn’t want to live there but will return only for family visits. She would like to return to her home in the US with her children. Would applying for a SB-1 be the best for her? She was told that she could get social security through her own payments but could receive more through the divorced spouse benefit. She doesn’t have any money, her children are supporting her and she is disabled. I would like to find the best solution to help her and to get her back home. Any recommendations would be appreciated.
 

ImmigAttyLana

Senior Member
Again, she can only return as a permanent resident IF SHE IS STILL a permanent resident. She has most likely lost her permanent resident status due to abandonment if she was outside the US for longer than a year and the only way for her to lawfully reenter the US would be for one of her children, who is a US citizen over the age of 21 to petition for her permanent residence.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.
 

evcalyptos

Senior Member
How is it that you know her PR status has been revoked? Are you guessing based on what you have read at uscis.gov or did a Border Agent or other DHS or Consular official tell her so?
Have you confirmed any of the benefit eligibility with Social Security Administration (by working specifically on her case with an agent there) or are you guessing based on what people have told you or what you have read elsewhere?

An SB-1 visa may be the appropriate visa for her; she should have ample evidence of why she could not return to the US inside of 12 months.

You have some more work to do on this.
 

AHA

Senior Member
Thank you for your helpful response. My mother was a housewife for 20 years then my father left us without any support. She worked for 10 years, raised three children on her own, and paid into social security. She did not want to leave the US. All of her kids and grandkids live here. Her mother was sick and she returned to help her. Once she died there was a family property dispute and she was required to stay for the court. It was beyond her control to return within a year back to the US. She doesn’t want to live there but will return only for family visits. She would like to return to her home in the US with her children. Would applying for a SB-1 be the best for her? She was told that she could get social security through her own payments but could receive more through the divorced spouse benefit. She doesn’t have any money, her children are supporting her and she is disabled. I would like to find the best solution to help her and to get her back home. Any recommendations would be appreciated.
First you said she wants to live here part of the year, now you are saying she only wants to visit sometimes. Which is it exactly?
 

floanna

Junior Member
Thank you for the help. When she was ready to return to the US, she talked with an embassy official and they withheld her green card. They recommended for her to apply for the SB-1. She did not discuss her social security with the embassy official. She hasn’t applied for social security or talked with an agent; she has all the requirements according to the SS website except the green card which they withheld two weeks ago.
 

AHA

Senior Member
Thank you for the help. When she was ready to return to the US, she talked with an embassy official and they withheld her green card. They recommended for her to apply for the SB-1. She did not discuss her social security with the embassy official. She hasn’t applied for social security or talked with an agent; she has all the requirements according to the SS website except the green card which they withheld two weeks ago.
Again, first you said she wants to live here part of the year, then you said she only wants to visit sometimes. Which is it exactly?
 

floanna

Junior Member
Again, first you said she wants to live here part of the year, then you said she only wants to visit sometimes. Which is it exactly?
Sorry folks if I wasn’t clear about what I meant about living part of the year here or there. I tried to explain it better in my next post by living here and visiting there. Many people have dual citizenship and live in two places. She is not looking for that, she will live here and visit there and I will probably travel with her when she goes. I hope that helps.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top