QUESTION
Can my husband qualify for the 40 qualifying quarters under SSA if he has been in US illigally but working with a vilid SS# issued to him
Asked on May 14th, 2013 on Immigration - Michigan
More details to this question:
My husband came here in 2001 From MX with an H-1B which expired same year. He has been without status since then but has been working with a valid SS# issued to him in 2001 Pays taxes. Does he qualify for the 40 qualifying credits?
1 ANSWER
2 Awards
You should consult an expert on Social Security law, but I don't believe your husband will be eligible for any Social Security benefit because of his current immigration status. Since he is married to a US citizen, why doesn't he just apply for permanent resident status? He is eligible even if he overstayed his H1B visa. Marriage to a US citizen waives that bar.
Answered on May 16th, 2013 at 3:46 PM