Social Security Survivor Benefits for Noncitizens

Co-authored by Misty A. Watson and Cliff Smith

Social Security survivor benefits can be an important component of your spouse’s financial security after your death. While the majority of U.S. citizens in the American workforce have survivor insurance protection for their spouses, noncitizens who are working in the United States are subject to different eligibility rules. Even if you are working in Social Security covered employment and your immigration status is fully legal, your spouse may not be able to receive survivor benefits after your death if these requirements are not met. Also, your surviving spouse may unknowingly forfeit survivor benefits upon leaving the United States. Read on to see if you are eligible and what your spouse will have to do to continue receiving benefits.

If You Are a Noncitizen…

The first question is whether you are currently covered by the Social Security program. In most cases, if you are working for a U.S. employer, even without authorization, the answer is yes. Among the few exceptions are people working under certain visa categories designated in § 101(a)(15) of the Immigration and Nationality Act. These categories are designated by short alphanumeric codes, and they include the following:

• H-1B temporary professional workers
• H-2A agricultural workers
• F-1 foreign students
• J-1 cultural exchange participants

Second, if you received your Social Security Number on or after January 1st, 2004, you may need federal work authorization in order to be eligible for any kind of Social Security benefits, including survivor benefits. Does not make a difference when you receive your work authorization; even if you did not have it when you began working in the U.S., you may obtain it at a later date and still be eligible for benefits. Noncitizens admitted to the U.S. under a B visa or D visa are exempt from the work authorization requirement.

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Frequently Asked Questions: Revocable Living Trust

What is a Revocable Living Trust?

A trust is an agreement that determines how a person’s property is to be managed and distributed during his or her lifetime and also upon death.

A revocable living trust normally involves three parties:

• The Settlor – Also called grantor or trustor, this is the person who creates the trust, and usually the only person who provides funding for the trust. More than one person can be the settlors of a trust, such as when a husband and wife join together to create a family trust.
• The Trustee – This is the person who holds title to the trust property and manages it according to the terms of the trust. The settlor often serves as trustee during his or her lifetime, and another person or a corporate trust company is named to serve as successor trustee after the settlor’s death or if the settlor is unable to continue serving for any reason.
• The Beneficiary – This is the person or an entity that will receive the income or principal from the trust. This can be the settlor (and the settlor’s spouse) during his or her lifetime and the settlor’s children (or anyone else or a charity the settlor chooses to name) after the settlor’s death.

A trust is classified as a “living” trust when it is established during the settlor’s lifetime and as a “revocable” trust when the settlor has reserved the right to amend or revoke the trust during his or her lifetime.

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Frequently Asked Questions: Powers of Attorney

Co-authored by Misty Watson & Patrick Murphy.

What is a power of attorney?

• A power of attorney appoints a person to act as an agent for the person who executes the document. An agent is authorized to act for another person to the extent that the document permits. The acts of the agent (also known as the attorney-in-fact) will legally bind the person who granted him or her the power to act.
• Powers of attorney come in a variety of forms. There are two major types of powers of attorney: financial and healthcare. These powers can be combined into one document, but are frequently separate documents.
• Financial powers of attorney can be effective immediately or become effective upon the incapacitation or disability of the person who executed the power of attorney.
• Powers of attorney can also be limited to a certain period of time or last until they are revoked by the person who executed the power of attorney.

What is a durable power of attorney?

• A durable power of attorney remains effective during such periods of time that the individual who executed the document is considered incompetent.
• A durable power of attorney must be designated as such in the title.
• Specific wording must be used for a power of attorney to last during any period of time the person who signed the document is considered incompetent.

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