En esta noticia
Working legally in the United States and having a work permit does not guarantee that all immigrants can collect a retirement benefit from the Social Security Administration (SSA). Although many foreign workers make contributions for years and earn the credits needed to apply for this benefit, other conditions can determine whether they ultimately receive the money.
Immigration status can become a decisive factor, even for those who already have a work history in the country.
The SSA sets different rules for foreigners seeking to collect benefits, and some situations can lead to payments being suspended, even if the person has met the contribution requirements.
Why doesn’t having a work permit guarantee access to Social Security benefits?
Having a work permit or a Social Security number (SSN) does not automatically guarantee the right to collect retirement benefits, since to qualify for this benefit, workers must meet the eligibility requirements set by the agency, including earning 40 work credits, which are earned through work and payment of the required taxes. The SSA also sets specific requirements for certain foreign workers, depending on when and under what conditions they obtained their Social Security number.
The SSA says foreigners who receive benefits while remaining in the U.S. must prove legal presence during the relevant month. In other words, an immigrant may have worked for years, making contributions and reaching 40 credits, but could have trouble receiving the money if their immigration status no longer meets the required conditions.
The agency acknowledges that certain foreigners authorized to work may qualify for these benefits, but work authorization alone does not guarantee payment because the eligibility rules and legal-presence requirements that apply in each case must also be met.
What happens to contributions and retirement benefits if an immigrant loses legal status?
Losing immigration status does not mean the work credits accumulated disappear automatically, since the SSA keeps earnings records and uses those credits to determine whether a person qualifies to receive retirement benefits. However, keeping those contributions does not mean payment is guaranteed because if the worker remains in the United States and stops meeting the legal-presence requirements, they may be barred from receiving payments for the months in which they do not meet that requirement. This means that losing legal presence in the country does not erase the work credits an immigrant accumulated during years of work, but it can prevent them from receiving retirement payments until they meet the immigration conditions required by the SSA.
On the other hand, the SSA says that certain deported or removed immigrants under specific provisions of immigration law may not collect retirement or disability benefits. The suspension begins the month after the agency receives the corresponding notice from federal authorities and can remain in place until the person is again admitted as a lawful permanent resident in the United States.
Can immigrants collect their U.S. retirement benefits if they return to their home country?
Immigrants who leave the U.S. after working and earning credits may keep the right to apply for retirement benefits, but receiving payments from abroad is subject to additional rules. The SSA says that, as a general rule, non-US citizens stop receiving benefits after being outside the country for six consecutive calendar months.
For that period, the agency starts counting the absence once the person has been outside the country for 30 consecutive days, and, if no exception applies, payments are suspended starting in the seventh month.