Immigration Corner | Can I get benefit from my husband?

Dear Mrs Walker-Huntington,

I am writing to get some advice and assistance regarding my current dilemma.

My husband passed away in the United States on February 9 this year while visiting family and friends. He had residency there, I believe, as he was collecting a state pension monthly.

I am enquiring to see if it is possible for me to apply for the widow’s benefits that entitles me to receive his pension.

Am I eligible to file for this benefit, and how can I go about it, as I still reside in Jamaica?

Thanks in advance.

M

Dear M,

Condolences on the sudden passing of your husband.

We need to clarify some issues. Was your husband a lawful permanent resident (green card holder), or was he a US citizen? If he was a US citizen, as his widow you can apply for US residency by self-petitioning as the widow of a US citizen and receive your own green card. You must do this within two years of his death. This benefit does not flow to the widow of a green card holder.

You indicated that you believe that he was collecting a monthly state pension. We need to be clear if he was collecting Social Security retirement benefits – which is a national retirement benefit. He could also have been collecting a state pension – if he was employed at a state agency.

Additionally, he could also have had a private retirement plan from which he was receiving benefits. It is important that you clarify all the above, as some plans may have a lump sum payout to a beneficiary, while for others you might be able to receive a monthly widow’s benefit.

Monthly widow’s retirement benefits may have a US physical presence requirement, eg, Social Security requires a survivor to be present in the United States for at least 30 continuous days during a year. If you already have a US visa, that can be accomplished. However, the US will not issue you a visa just to enable you to fulfil any physical presence requirement.

When you determine what type of pensions/retirement benefits your husband was receiving, you will need to engage with the various entities to determine what, if any, benefits you might be entitled to as his widow.

Dahlia A. Walker-Huntington, Esq is a Jamaican-American attorney who practises immigration law in the United States; and family, criminal and international law in Florida. She is a diversity and inclusion consultant, mediator, and former special magistrate and hearing officer in Broward County, Florida. info@walkerhuntington.com