LegalBusiness and Legal

Can Children of an Undocumented Immigrant Get Death Benefits?

My husband and I were together since 2008 and had three boys in a period of almost nine years. We got married in 2016 due to his deportation. He did not have documents to prove his identity and be put on our childrens' birth certificates. I am a legal resident and the three boys are citizens, but he was illegal. Would the boys be eligible to receive any help at all?


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July 7, 20180 found this helpful

If he didnt get any credits under the social security system, it is unlikely they would be qualified. However, I would make an appointment with Social security and ask

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July 24, 20180 found this helpful

apparently illegal immigrants do pay enough into SSI and taxes that they should qualify for benefits, but their unfortunate status prevents their being able to collect

here's something interesting:
"The Board rejected employers argument that claimants status as an illegal alien
precluded him from receiving benefits under the Act, holding that the Act does not


differentiate between the disability compensation paid to illegal aliens and that paid to
legal residents and/or citizens of the United States. 33 U.S.C. §§902(3), 909(g).
Specifically, the Board observed that absent a statutory exclusion, which Congress
provided for specified types of employees, claimant must be treated as other injured
workers for purposes of the Act. Thus, the Board also rejected employers assertion that
claimants status as an illegal alien precluded him from having any legal wage-earning
capacity, since it was undisputed that claimant was working for employer and earning
wages when he was injured in that employment. The Board noted that if claimant were
able to work, employers vocational evidence would be considered without regard to
claimants illegal status. J.R. [Rodriguez] v. Bollinger Shipyard, Inc., 42 BRBS 95

(2008), affd sub nom. Bollinger Shipyards, Inc. v. Director, OWCP, 604 F.3d 864, 44
BRBS 19(CRT) (5th Cir. 2010). "

sorry re your situation and best of luck

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Business and Legal LegalJuly 6, 2018
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