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In-laws have green card, can they draw social security while in US half a year?

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kcguru23

Junior Member
If a spouse's parents, who are from another country, have a green card and they plan on staying in the US with their spouse's family for 6 months of the year and their home country for 6 months, can they collect social security while they are in the US? They are of age. They have never worked in the US though and don't plan on working while they are in the US.
 


I'mTheFather

Senior Member
Do you mean the social security one draws upon turning 65? After retiring? If so, no. Those who have worked and paid into social security are the ones entitled to it.
 

Onderzoek

Member
If a spouse's parents, who are from another country, have a green card and they plan on staying in the US with their spouse's family for 6 months of the year and their home country for 6 months, can they collect social security while they are in the US? They are of age. They have never worked in the US though and don't plan on working while they are in the US.
No. The Social Security retirement program is designed for workers, people who worked and paid payroll/FICA/OASDI taxes on their jobs or their business for a minimum of ten years in their lifetime. It is not designed for people who visit the US six months a year, even if they have a "green card" which is another word for lawfully admitted permanent resident. Sounds like someone was not totally honest with Homeland Security when they stated they wanted to make a home in the US, but really want to take turns visiting their adult children. But that doesn't matter since they did not pay any payroll taxes so there are no retirement benefits.

How would they support themselves in their home country? I assume that one or both of them performed work in their younger years. Do they come from a country with a pension system?

There is also the SSI program for US citizens and some immigrants. But SSI is strictly a welfare program, a needs-based, low income/resource, government handout program. Whoever sponsored them to get their green card signed a form stating that these immigrants would not become a public charge, not the responsibility of the taxpayers. SSI would consider both their own money and their sponsor's money in determining their eligibility even if they managed to meet one of the complex immigrant qualifications. And then again, it sounds like they are just visiting the US, a long vacation, but not really making the US their home, so the SSI would be denied for that too.

How nice for them that they have family that can take care of them.
 

kcguru23

Junior Member
Thanks for the responses! I appreciate the clarification. I didn't really think it was something that could be done but wanted some outside opinions.
 

PaulMass

Member
Many immigrants who never worked in this country are eligible to receive SSI. I don't know what the implications of leaving the country six months per year have on that eligibility.
 

t74

Member
SSI rules are very strict and assets and other income counts. They are subject to rules governing household income.

If the parents were known to have to rely on the US taxpayer for support, their green cards should have been denied. Their sponsor should expect to contribute at least 125% of the poverty level for their support.
 

Onderzoek

Member
Many immigrants who never worked in this country are eligible to receive SSI. I don't know what the implications of leaving the country six months per year have on that eligibility.
There would probably be multiple reasons to deny the SSI claim. One is immigration status does not meet an exception. But the other one, used less often and more subjective, is that the parents, although LAPR status, are not intending to make the USA their home. They are not finding their own residence, they are not setting down their own roots to live in the USA. They are not active participants in the community. They are visitors, who take a six month vacation from their home. That means that even though they have legal status, they are not really residents of the US so should not qualify for SSI.

https://secure.ssa.gov/apps10/poms.nsf/lnx/0200303740
 

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