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Deportation or Removal of Retirement or Disability Insurance Beneficiary

Excerpted from "Social Security Handbook". See the up-to-date, official Social Security Handbook at ssa.gov.

1841. Deportation or Removal of Retirement or Disability Insurance Beneficiary

1841.1 How does deportation or removal affect your benefits?

If you are deported or removed from the U.S. after September 1, 1954, you cannot receive retirement or disability benefits beginning with the month after the month the Department of Homeland Security notifies us of your deportation or removal. (If notification occurs before your entitlement, nonpayment applies with the first month of your entitlement.) For this nonpayment provision to apply:

  1. Deportation must have been ordered under section 241(a) of the Immigration and Nationality Act (INA), in effect before the Act was amended in April 1997; or

  2. Removal must have been ordered under sections 212(a)(6)(A) or 237(a) of the INA as amended in April 1997.

Nonpayment applies until the month you are lawfully admitted to the U.S. for permanent residence after the deportation or removal.

1841.2 Are there any exceptions to nonpayment under the deportation/removal provisions?

The following deportations or removals do not affect payment of your retirement or disability benefits:

  1. Deportations ordered under paragraph (3), (8), (9), (13), or (1)(C) of INA section 241(a);

  2. Removals ordered under paragraph (1)(C) of INA section 237(a); or

  3. Deportations or removals ordered under paragraph (1)(E) of INA sections 241(a) or 237(a), but only if we received notice of the deportation or removal before March 3, 2004.

Last Revised: May 10, 2004

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