If I apply for SSDI, will this affect the immigration cases of my children? 1 Answers as of March 13, 2011I am a permanent resident. My husband was US citizen he pass away January 24/2011 , he was pensioned because he was 66 years old. I have very low vision and I am diabetic. One eye I cannot even see. The SS office told me I am not eligible to get his pension. Can I put case to get his pension? I hear I can get disability but I am not sure if this will affect the money I should get from his pension. And also affect me to become US citizen next year? What will happen to my 2 son's immigration cases ( I made a family petition for older than 21year old).
Pacifica Legal Services | Floyd Fernandez
You are eligible for your late husband's social security benefits if you lived with him legally in the U.S. for a period of at least 5 years prior to his death. Second, the Child-Spouse Protection Act, signed into law by President George W. Bush in 2003, allowed survivors of a petitioner spouse/father to pursue their petitions for their children or stepchildren. If you wish to discuss the case further, please feel free to contact me via phone or e-mail to set up an in-person or phone consultation. And I am sorry for your recent loss. May he be at rest in the presence of a just and merciful God.
Answer Applies to: California