The question of whether you can receive social security if your husband has been deported is dependant upon whether you want to claim his social security benefits or simply want to ensure that his deportation will not prevent you from collecting your own. The Social Security Administration (SSA) offers a fairly clear answer to the question.
Your Husand's Benefits
When an individual is deported, the Department of Homeland Security notifies the SSA, which then terminates the deported individual's benefits. Those benefits can be resumed when the individual returns to the country as a lawful permanent resident as long as he waits the mandatory 10 years and finds a legal way to enter the country, which may not spell bad news for you.
As a dependent seeking survivor's benefits, you must meet two basic requirements. You must be a U.S. citizen and must have stayed in the U.S. after your husband was deported. These regulations are found in the SSA's text at 20 C.F.R. Section 404.464. You can only collect social security benefits in your husband's name if he worked in the U.S. long enough to earn social security benefits.
If you're a U.S. citizen and have paid into the social security system, your husband's deportation will not impact your ability to collect benefits. Generally, you’ll be eligible for your own social security retirement benefits if you’ve earned 40 social security credits, translating to roughly 10 years of work.
As of July 2011, you are eligible for full retirement benefits between the ages of 65 and 67, depending on the year you were born. You can opt for permanently reduced benefits by taking early retirement at age 62. If you decide to delay your retirement, your benefits will be increased due to the fact that you won’t be collecting them for as long.
- Social Security Administration: Retirement Benefits
- Social Security Administration: Disability Benefits
- Social Security Administration: How Does Deportation or Removal From the United States Affect the Receipt of Benefits?
- Social Security Administration. "Your Retirement Benefit: How It's Figured." Accessed Feb. 20, 2020.
- Social Security Administration. "Workers with Maximum-Taxable Earnings." Accessed Oct. 15, 2020.
- Social Security Administration. "Benefit Calculation Examples for Workers Retiring in 2020." Accessed Feb. 20, 2020.
- Social Security Administration. "Primary Insurance Amount." Accessed Feb. 20, 2020.
- Social Security Administration. "Benefits Planner: Retirement | If you were born between 1943 and 1954." Accessed Feb. 20, 2020.
- Social Security Administration. "2021 SOCIAL SECURITY CHANGES." Accessed Oct. 15, 2020.
- Social Security Administration. "How Work Affects Your Benefits." Accessed Feb. 20, 2020.
- Social Security Administration. "Benefits Planner, Income Taxes and Your Social Security Benefits." Accessed Feb. 20, 2020.
Dana Sparks has been a professional writer since 1990. As a staff reporter, she has written hundreds of newspaper and magazine articles, and she is also the author of two published novels. Sparks holds a Bachelor of Arts in business.