Social Security benefits with E 2 visa

[floridaboy99 0]

well long story,

I filed for SSI benefits resulting from an work related accident in the year 2000 under H 1 B1 here in the USA I was covered under workcomp and received benefits ,the benefits ended and I changed to a E 2 visa for the last years since 2003.

The e 2 is going to expire in April.

Meanwhile I got married to a US citizen but have not filed for adjustment yet (but I am going to soon )

The injury resulted in me not being able to make a living no more so I filed for SSI ( last week )so far so good I am working with the SS administration and the took my application .Not approved yet but I have an appointment to provide more evidence as well from here and from over in Germany.

The burning question is as I am still considered non immigrant but paid social security taxes will I get them easy or not.

any Ideas or similar cases out there ??

thanks

Roland

[JimVaPhuong 4,863]

well long story,

I filed for SSI benefits resulting from an work related accident in the year 2000 under H 1 B1 here in the USA I was covered under workcomp and received benefits ,the benefits ended and I changed to a E 2 visa for the last years since 2003.

The e 2 is going to expire in April.

Meanwhile I got married to a US citizen but have not filed for adjustment yet (but I am going to soon )

The injury resulted in me not being able to make a living no more so I filed for SSI ( last week )so far so good I am working with the SS administration and the took my application .Not approved yet but I have an appointment to provide more evidence as well from here and from over in Germany.

The burning question is as I am still considered non immigrant but paid social security taxes will I get them easy or not.

any Ideas or similar cases out there ??

thanks

Roland

Are you sure this is SSI and not SSDI? The difference is crucial. SSDI is disability insurance which you and your employer paid for while you were working. SSI is a hand-out from the federal government. As an immigrant, and not a US citizen, collecting SSDI indefinitely would not make you a public charge. Collecting SSI indefinitely would make you a public charge, and therefore deportable from the US.

Your US citizen spouse is going to be required to submit an affidavit of support guaranteeing you will not become a public charge. This should pretty much dead end your SSI payments.

[NigeriaorBust 4,087]

Non citizens can't file for ssi without 40 credits of work history and are ineligible for the first 5 years of lawful residency no matter how many work credits they have. Also there is a 7 year cap on your ability to collect ssi as a non citizen.

You seem to have used up several years of ssi if that is what you received.

[floridaboy99 0]

I will get Social security disability resulting from my work related injury and the case worker said I have all the credits for SSDI generated from my own income.

Not SSI because my wife makes to much money for that, but requested me to file for greencard to get it.Other things I found out is I have to be here legally to receive the benefits no mentioning from actuall having a greencard.

Then again I have to file for greencard anyways since my e 2 is to expire in april and I think it is better to become permanent.

I was doing research and there is a waiver Called the Kaplan act or so and they wave the greencard fees so I will go for that I think.

The other problem I face now my 15 year old son is going to see his mother in Germany and this might cause problems with his application I think.

I wonder why they make it so hard for legal immigration here anyways this is almost reverse racism here.I've been here since 99 legally and they still give you the run around.

If not I might to jump a fence sooner a Later :-)

Love the Land of the (Free ??)

thanks for your comments

Floridaboy

bless the USA

[JimVaPhuong 4,863]

I will get Social security disability resulting from my work related injury and the case worker said I have all the credits for SSDI generated from my own income.

Not SSI because my wife makes to much money for that, but requested me to file for greencard to get it.Other things I found out is I have to be here legally to receive the benefits no mentioning from actuall having a greencard.

Then again I have to file for greencard anyways since my e 2 is to expire in april and I think it is better to become permanent.

I was doing research and there is a waiver Called the Kaplan act or so and they wave the greencard fees so I will go for that I think.

The other problem I face now my 15 year old son is going to see his mother in Germany and this might cause problems with his application I think.

I wonder why they make it so hard for legal immigration here anyways this is almost reverse racism here.I've been here since 99 legally and they still give you the run around.

If not I might to jump a fence sooner a Later :-)

Love the Land of the (Free ??)

thanks for your comments

Floridaboy

bless the USA

SSDI is not a problem. Like I said, it's insurance you and your employer paid for.

Just recently, USCIS created a form which is used for applying for a fee waiver. The instructions for the new I-912 form make it crystal clear which applications are eligible for a fee waiver and which ones are not:

http://www.uscis.gov/files/form/i-912.pdf

http://www.uscis.gov/files/form/i-912instr.pdf

An I-485 Adjustment of Status form is eligible for a fee waiver only in the following circumstances:

* T or U non-immigrant status (victims of certain crimes)

* Asylum status

* Approved status as a battered spouse

* Special immigrant juvenile

* An adjustment category that does not require you to meet the "public charge" requirement

* Continuous residence in the US since January 1, 1972

You don't qualify under any of these conditions. You'll have to pay the fees. What's more, your wife will have to sign an affidavit of support to guarantee you won't become a public charge, and she'll have to meet the minimum income requirements in order to be a sufficient sponsor.

Your son should not leave the US while his adjustment of status is pending unless he receives an advance parole. Leaving the US would result in his AOS petition being abandoned.

People who "jump the fence" cannot get a green card under any circumstances - not even if they have US citizen relatives or marry a US citizen. One of the most fundamental requirements for adjustment of status is legally entering the US. There are very few exceptions.