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A very common question among immigrants is whether, as non-U.S. citizens, they have the right to collect Social Security. The answer is yes, but under certain legal-status and work-history conditions. And there is an additional point worth knowing: what happens to that benefit if the person decides to move outside the United States.
Noncitizens can collect Social Security benefits
Social Security is not limited to citizens. A noncitizen can receive the benefit if they are legally in the country and meet the general requirements. Broadly speaking, those who may qualify include lawful permanent residents, people with a visa that authorizes them to work in the United States, and those admitted under certain immigration provisions. The key in all cases is the combination of legal status and having paid in enough through work.
The work-credit requirement
Like any worker, to qualify for Social Security retirement benefits, you need enough work credits. In general, you need 40 credits, which equals about 10 years of work contributing to the system with a valid Social Security number. In other words, what makes someone eligible is not citizenship, but having worked and contributed for the required time on the record.
What happens to people who worked without papers
Anyone who worked and paid in using a valid Social Security number earns the right to the benefit just like any other worker. By contrast, undocumented immigrants often pay taxes into the system (including FICA deductions that fund Social Security), but rarely end up collecting those benefits because they do not meet the status and registration requirements the law sets for receiving payment.
What documents the SSA asks foreigners for
In addition to the documents requested from any applicant, such as proof of birth and the W-2 form or tax return, people not born in the United States must provide one key additional document to the SSA:
- Proof of citizenship or legal status.
As with the rest of the paperwork, it is best to submit the originals or certified copies the agency requires, and not mail sensitive immigration documents, but bring them in person to an office.
What happens if you leave the United States
While a U.S. citizen can generally keep receiving Social Security almost anywhere in the world, a stricter rule applies to noncitizens, known as the “alien nonpayment rule”. In broad terms, if a noncitizen beneficiary stays outside the United States for more than six consecutive months, payments may be suspended, unless they fall under one of the exceptions provided.
Those exceptions include, for example, being a citizen or resident of a country that has a Social Security agreement with the United States, or having met certain residency requirements in the country.