How can a non-citizen living outside of the US collect SS benefits regarding a deceased US spouse?

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How can a non-citizen living outside of the US collect SS benefits regarding a deceased US spouse?

My mother in law lives in Costa Rica. She was married to a US citizen who passed away several years ago. She was approved for social security benefits but she was in the US and overstayed her visa. Now my nother-in-law cannot apply for the visitor visa until the penalty for over stay is over. The social security office told her that she have to be in the US for 1 month to get her social security benefits. What should she do?

Asked on May 27, 2013 under Immigration Law, Indiana

Answers:

Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 8 years ago | Contributor

If her husband was alive within 2 years, she can file for her own green card as a widow. Thus, I would to know when they were married and when he died. You can always email directly to: Harun@ksvisalaw.com Thanks!


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