Thursday, May 31, 2012


parents with their green card and benefits

 

Customer Question

my parents recieved their green card two years ago... but they had to go back home to be treated because they have health problems. and it is expensive here. they want to stay here with us but the cost of living and health benefits are high.. what do they qualify for.... ? can they get social security even though they are not citizens yet ? how about health benefits and housing ? they are sniors over 65 ...please let me k

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relating to Question: United States
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relating to Question: Texas
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Submitted: 465 days and 11 hours ago.
Category: Immigration Law
Value: $58
Status: CLOSED
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Expert:  Georgetown Lawyer replied 465 days and 11 hours ago.
Thank you for allowing me to assist you. If there is a delay in my reply, I am helping others but WILL reply to you asap. Thanks for your patience....how long have they been gone??
Customer replied 465 days and 11 hours ago.
i dont know if my reply went through but i will try again.
my parents have been gone for almost 2 years...2yrs in june . they will return before the expiration date .... because i filed an Immigration form for both to be excused tobe gone outside the u.s. for 2 yrs...the recieved the permission and left... it was because of their health.. to be able to recieve health care back home.
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Expert:  Georgetown Lawyer replied 465 days and 10 hours ago.
Ok, I just got the reply the second time. They cannot get social security, that is only for people who worked in the u.s. and paid into the social security system, so unless they worked here for years and had taxes taken out and made those contributions, they are not eligible. Also, until they become u.s. citizens there is not much in the way of benefits for them...the reason is logical if you think about it. You sponsored them and signed the I-864 you promised the u.s. govt. if they allowed them to live here that you would care for them and they would not become a burden on the u.s. government so unfortunately this country is set up to make sure you honor your promise. once they become u.s. citizens then the u.s. govt. will provide for and take care of them as citizens of this country but until then it is up to you to care for them. Sorry the news couldn't be what you need but I have to tell you the truth.

I hope this helps clarify. Please click "accept" so that I receive credit for answering your question. I will be happy to reply to a follow up on this issue at no extra cost. Your Positive feedback is appreciated. If you want to request me in the future type "TO GEORGETOWNLAWYR" in the subject line and if I am not online I will answer asap. Thanks and best regards.
Customer replied 465 days and 10 hours ago.
ok. thank you for your answer...i would like to know please what benefits do they get when they become us citizens ?and how long will it take for them to become us citizens? and is their any thing that i can do to file for them sooner? do they get medicare when they are citizens? is their any resources of help that i can get for them while they are residents ?
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Expert:  Georgetown Lawyer replied 465 days and 9 hours ago.
They would be eligible for medicare/medicaid...low cost housing. I do not know the list of benefits, that is driven by state and local agencies. It will take them 5 years to become u.s. citizens, but they have to be in the u.s. for 30 months in a 5 year period before they are eligible to apply. No, there is nothing you can do to file for them sooner, they have to wait the time just like all Green Card holders. As i said you promised to care for them so any benefits they try to claim now, the government can come back to you and make you pay for it under the I-864 affidavit of support. You have to check with state and local agencies, all states are different.

Again, I hope this helps. Please click "accept" so that I receive payment/credit for answering your question. Thanks and best regards.
Customer replied 465 days and 8 hours ago.
thank you again for your answer! one last question please....if they bought a house in the u.s. would they have to pay taxes on the house at the end of the year as residents or as citizens (because they are elderly)?
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Expert:  Georgetown Lawyer replied 465 days and 8 hours ago.
to my knowledge there is no difference in the amount of taxes they would pay either as residents or citizens. property taxes are based on the value of the house and what the property assessor says you must pay, it is not based on your immigration status. I hope this clarifies and hope you will now click "accept" so that I may be paid for my time and answers. Thanks and kind regards.
Customer replied 465 days and 8 hours ago.
i meant as senior citizens , are the excempt or they pay less than a younger person?

Accepted Answer

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Expert:  Georgetown Lawyer replied 465 days and 8 hours ago.
No, they are not exempt as senior citizens..property owners have to pay taxes, regardless of their age. sorry. Again, I would appreciate an "accept" that is the only way we are paid on this site or else your deposit goes to the site and no portion to me the expert who helped with all of these questions in good faith waiting for an "accept".
Expert TypeImmigration Lawyer
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Answered: 2/20/2011
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Green card benefits for parents.?

I'm going to sponsor my parents for green card they are 67 and 56 years old. My questions are will they get medicare right when they come here if they suffer from any health issue? Also, will my 67 year old parent get any senior citizen kind of benefit like some money that gov grants?

Please no racist answers, only helpful.

Best Answer - Chosen by Voters

I have a green card and I cannot receive any federal assistance. I can receive state, because I'm a lawful resident of this state but no federal assistance whatsoever. No welfare, food stamps, Social security, medicare, etc. I can receive those once I become a citizen.
I CAN receive state assistance, which is unemployment, WIC and any other state funded programs.
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Other Answers (3)

  • There are no benefits. They did not work and pay into Social Security for 10 years to become vested.

    The first 5 years you are responsible. After that they can sign-up for Medicare. However, since they are not vested in Social Security they will have to pay the full premium which is about $700 each, per month, at this time.

    If they are able to become US citizens they will be eligible for SSI after age 65. SSI is a kind of old age welfare program for those not vested in Social Security. However, SSI benefits max out at about $500 a month.

    I'm not sure by what you mean about "racist answers."
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  • Your parents are not eligible for any benefits. They have contributed nothing to this country,why would they be entitled to government benefits.
    If YOU are sponsoring them to come here,YOU are responsible for their medical bills and support,not the US taxpayers.
    After they have their green card for 5 years,they can get medicare,but they will have to pay for it themselves. That will cost at least $600 a month for each of them.
    They will never be eligible for SS unless they work and contribute to it for at least 10 years with a legitimate SSN.

Wednesday, May 30, 2012


  1. Social Security Benefits for Aging Parent with Green Card

    I'm a US citizen. My mom is a European citizen and has been living and working in Sweden for many years. She's getting older (just turned 61) and I've been thinking about getting her a green card and bringing her to permanently stay with me.

    The problem is that in leaving that country and becoming a permanent resident here, she will lose about half of her social security from Sweden and some of her independence along with it. I'm wondering how many years she will need to work in U.S. to be eligible for any social security benefits at all. Is there a minimum amount that senior citizens past a certain age will receive no matter how many years they have worked here?

    Thanks.
  2. #2
    T53147 is offlineSenior Member
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    Default Re: Social Security Benefits for Aging Parent with Green Card

    Look at this reference (totalization):

    http://www.socialsecurity.gov/intern...n.html#monthly

    As a family sponsored green card holder, her sponsor (you) must sign an affidavit of support. You are responsible for her living costs; she may not become a public charge. This is detailed in USCIS documetation. The most difficult thing is health insurance which will be difficult to purchase and expensive. She will qualifiy only for emergency Medicaid, not any normal treatment or surgery costs; if she receives services paid by Medicaid, they can come after you for reinbursement. After age 65 and holding a GC for 5 years, she may buy into Medicare; the ssa.gov website provides information on the premiums. Some states offer high risk insurance pools for people unable to obtain health insurance in other ways; in my state, the premiums have gone as high as $4,000/month for certain age/gender combnations. Look for one in your state.

    There are very limited resources for people in her situation even after being her the required 5 years; there are long waiting lists in most communities for subsidized housing, etc. Some states have programs for people in her situation, but most do not.

    You are wise to investigate this before making that commitment. Too many people sponsor an elderly parent and then worry about covering the costs.
  3. #3
    farswe is offlineJunior Member
    Join Date
    Mar 2009
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    5

    Default Re: Social Security Benefits for Aging Parent with Green Card

    Thank you very much for offering advice and detailing multiple issues.

    A follow on question:
    What if she came with a GC and started working or managing her own business here? She is doing the same in Europe right now and other than the capital required to start her business -- which I would be providing as investment -- I can't think of any big obsticles.
    I understand that for my generation, I must be 67 years or older and and have worked 40 Quarters (10 years) with a minimum of $9,000 per quarter salary to qualify for full retirement.

    She's too old to be thinking about working another 10 years (probably 12 years from today if time to get GC is factored in).

    Basically, I'm wondering how many years she'll need to count of working full time and paying social security taxes to be able to collect.
  4. #4
    T53147 is offlineSenior Member
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    Default Re: Social Security Benefits for Aging Parent with Green Card

    The first link (totalization) is the critical one. This is what you need to look at since it takes into account the work of an individual in several countries covered by treaties related to retirement benefits. I know they exist but am not familiar enough to comment further. I suspect that they are very country dependent. I suggest that you contact an attorney (see the AILA org website for immigration law specialists) who is familiar with the EU specific country/countries involved. You will likely have to interview several. Remember, immigration law is federal so that the best person to help need not be in your city or state. Look for a legal practice that has either an office or a long established relationship with a firm in Sweden. They would likely be your best resource.

    If she becomes a small business owner, she may be able to utilize state programs which offer health insurance specifically for small businesses.

What the minimum wage gets you

Everything you need to know to get up to speed on the story of the day
Minimum wage advocateWhat does $7.25 an hour get you?
These days, barely two gallons of gas. You'd probably have to work 30 minutes to enjoy a tall Frappuccino (maybe more if prices keep going up), although that's an indulgence when a box of diapers would cost about two hours of labor.
As the economy slowly rebuilds itself, talk about raising the minimum wage is, well, on the rise, and it has taken on more urgency in cities, states, and at the national level:
  • Eight states raised minimum wages on January 1.
  • Advocates in New York ($7.25/hr) are lobbying for $8.50, a pay raise that Governor Mario Cuomo calls harder to pass than gay marriage.
  • Legislators in New Jersey ($7.25/hr) want to add $2,500 to a full-time minimum-wage annual salary that is indexed to inflation. Governor Chris Christie has said, "I'm showing a willingness to listen but also honestly saying I'm not inclined to do so."
  • Connecticut ($8.25/hr) lost momentum on its campaign to raise wages, although the issue is stillpercolating among legislators.
  • Missouri may vote on a November referendum.
  • Senator Tom Harkin (D-IA) introduced the Rebuild America Act in March, part of which addresses raising the federal minimum wage.
Minimum Wages in the United StatesThe debate over who benefits: It's clear who immediately profits from a wage bump—the current job-holder. But, the real back-and-forth revolves around who loses out because of a wage hike: Are increases a "job killer" (a $1.25/hour boost for one could mean no job for another), or will businesses benefit from better-paid consumers? Do the poor lose out, partly because they don't even work in the first place?
Then there's the impassioned debate over the "moral obligation:" Faith leaders talk about championing the "poor and needy," while the other side emphasizes the "moral imperative" of protecting job creation. In a speech commemorating a federal hourly wage raise 15 years ago, Robert Reich, Secretary of Labor under Bill Clinton, hinged the minimum wage concept to a "moral basis of our labor."
Minimum Wage Chart
Declining purchasing power: While media coverage has defined the debate along party lines, politicians like Mitt Romney andPresident Barack Obama have agreed on one thing: Inflation has reduced the purchasing power of the minimum wage. "Over 30 years, we've had either stagnating, at best, or declining wages for our low-wage workers," saysUniversity of California at Berkeley labor economist Sylvia Allegretto to Yahoo!. "This idea that we can have a thriving economy, when we have a good swath of our workers losing ground in pay decade after decade, while those at the top are making more and more money, that does not make a successful economy."
Minimum wage by the numbers:
  • The last time there was a federal minimum wage boost was in 2009.
  • 1.8 million workers earn $7.25/hour.
  • 2.5 million workers earn less, due to exemptions that allow lower wages for certain types of workers (including students).
  • Women make up two-thirds of minimum-wage workers.
  • The same proportion of women work in occupations that depend upon tips, which has a federal minimum of $2.13/hour.
  • If wages were indexed to inflation since 1968 wages, which is the high point of American purchasing power, the minimum wage would be $10.58.
  • If wages rose at the same rate as executive salaries, the lowest-paid worker would make a whopping $23/hour.
Earned income tax creditThe case study of the teen summer market: Among those campaigning for minimum wage increases are kids barely old enough to land a job. A 12-year-old Girl Scout helped to galvanize the New York discussion on wages: Hannah Buckler started a petition to support a minimum wage increase. More than 3,000 miles away, students at a San Jose college pushed the city council to approve a November ballot initiative to raise its minimum wages and tie future increases to the cost of living.
Some economists, though, have focused on the younger generation as a prime example of the minimum wage's negative effects: Teens lose out on summer and part-time jobs because businesses can't afford to hire them. A recent effort has been underway to loosen child-labor laws. Some studies, however, dispute a causal connection.
Instead, academics like Allegretto say that the laws of supply and demand don't apply to minimum wage, pointing to the idea of monopsony. For instance, the way Apple and Wal-Mart have created their own supply chain and labor forces, illustrates monopsony in action.
To oversimplify: Basic economy theory believes that when the cost rises (in this case, labor costs), demand falls. But the buyer in this case is the employer paying below-competitive wages. "The wages are actually set below supply and demand," Allegretto says. "In theory, you can increase the wage and employment" and also reduce costly churn and recruitment at the same time. And while it's tempting to see this as a labor versus business dispute, coalitions like the Business for a Fair Minimum Wage, which includes companies like Costco, support minimum wage increases.
Sub-minimum wages: There's another class of wage-earners who make even less than the minimum: those who get tips on the job.
Like many tipped workers, [Zhanneta] Dunder has trouble making ends meet because of an obscure federal provision called the tip credit, which has established a sub-minimum wage for tipped workers at $2.15 per hour, or $4,333 a year for a full-time worker. Forty-five states have established slightly higher sub-minimum wages...Organizations like the New York nonprofit Restaurant Opportunities Centers don't think that's enough, and recommend at least raising tipped wages to 70 percent of the minimum wage...Tipped workers, the group says, are more likely to fall into poverty than those who receive minimum wage. Servers rely on food stamps at nearly double the rate of the general population. (May 23, Women eNews)
As with federal minimum wages, regions can choose to pay more. The San Francisco living wage rose to $10.24 on January 1; employers are also required to pay towards health care coverage, which diners have seen as a bill surcharge.
Real value of minimum wage and tipped-worker minimum wageWhat is minimum wage throughout United States? Although the federal minimum is $7.25, three states (Wyoming/$5.15, Georgia/$5.15, and Arkansas/$6.25) have lower state wages that apply to certainbusinesses and exemptions.
Below, a chart that contrasts the annual minimum-wage salary with a state's median income, for a sampling of states.
Range of state minimum wages