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

UPDATED: May 27, 2013

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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


Harun Kazmi / Kazmi and Sakata Attorneys at Law

Answered 9 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: Thanks!

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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