Dear Atty. Lou,
My cousin is now here in the US and he decided not to depart anymore after triggering the 3-yr. & 10-yr. bars. He is working as an undocumented immigrant and is religiously paying his taxes. He has contributed 32 units to the Social Security as of 2009.
When he reaches 62 years old (assuming he is still undocumented by that time) but had completed 40 units of his contribution to the Social Security, can he retire and apply for his monthly pension? Granting that he can, can he bring it home to the Phil where he is going to stay for good? Thank you very much.
SDC
Dear SDC,
Undocumented immigrants generally are prohibited from receiving Social Security payments. Only US citizens and “qualified aliens” will be eligible for federal public benefits which include Social Security Title II. This provision of the Social Security Act provides a federal insurance program that grants benefits to qualified workers, and in some cases their dependents, who are elderly, blind or disabled. Eligible persons over the age of 62 can begin receiving partial Social Security retirement benefits, and those over 65, full benefits.
Qualified aliens include lawful permanent residents, aliens who are lawfully present and those validly issued employment authorization. In most cases, persons must have earned 40 qualifying quarter of coverage to be fully insured and eligible for benefits.
In the case of your cousin, he does not fall under a “qualified alien” for purposes of the social security monthly old age pension. I understand that he will earn 40 qualifying quarter of coverage. But meeting the 40 quarters is just one of the many requirements to qualify for the SS benefit. Hence, he will not be able to receive his social security pension.
Even aliens who are deported lose their Social Security benefits unless they are readmitted as lawful permanent residents. There are exceptions to this for which the Social Security Administration must be notified to retain benefits.
You did not mention how your cousin obtained his social security number. If he is using a social security number of another person or is using a fraudulent number, he will also be prevented from receiving SS benefits under Title II. Using another person’s number is a criminal offense under the Social Security Act.
It must be noted, though, that as of the present time, there is an estimated $189B of monies paid into and set aside by the Social Security Administration paid by employees whose social security numbers do not match the social security records. What this means is that a large chunk of the social security monies is contributed by undocumented workers and the latter, somehow, appears to be a benefit to the social security administration. The only way the undocumented workers may cash out on their benefits, when the time comes, is for them to obtain legal status. Hopefully, this may happen when the comprehensive immigration reform is passed into law.
Atty. Lou
(Lourdes Santos Tancinco, Esq is a partner at the Tancinco Law Offices, a Professional Law Corp. Her office is located at One Hallidie Plaza, Ste 818, San Francisco CA 94102 and may be reached at 415.397.0808; email at law@tancinco.com or check their website at tancinco.weareph.com/old. The content provided in this column is solely for informational purpose only and do not create a lawyer-client relationship. It should not be relied upon as legal advice. This column does not disclose any confidential or classified information acquired in her capacity as legal counsel. Consult with an attorney before deciding on a course of action. You can submit questions to law@tancinco.com)
