Illegal aliens are not eligible for Social Security Retirement Benefits

Thursday, July 30th 2009, 4:00 AM

Q. Can my out-of-status father get Social Security retirement benefits? My father came here legally with a work permit. That permit has long expired. He is a now retired, having worked here as a doctor. He has paid taxes and contributed to his Social Security account. Now that he is retired, he wants to claim his federal benefits. E.R., New York

A. Undocumented immigrants are not eligible for Social Security Retirement Benefits. Those benefits are available only to U.S. citizens and permanent residents. That's true even though many undocumented immigrants, like your father, pay into Social Security. Undocumented immigrants have paid billions of dollars into the system and get nothing in return. If your father ever does get permanent residence, he may then start collecting his retirement benefits.

Q. I have tried to get permanent residence, but failed each time. Now that my mother is a U.S. citizen, can she petition for me? Can I interview here for permanent residence? I came here when I was just 2-1/2 years old. Now I am 25, having never left the United States. My previous attempts to get permanent residence have been futile, but I'm hoping now that my mom has naturalized, she can petition for me. Ivette, Brooklyn

A. A U.S. citizen can petition for her children of any age, married or unmarried. Whether you can get permanent residence here depends on when and how you made your "futile attempts" at getting permanent residence. If an employer or relative filed for you for permanent residence by April 30, 2001, you can interview here by paying a $1,000 filing penalty. Otherwise, you must travel to your home country for your final immigrant visa interview with all of the risks that entails.

A. I see no risk in your friend getting an ITIN number in her own name. In fact, I recommend it. If Congress ever passes a legalization program, having gotten and used an ITIN will help applicants prove her presence in the United States.

ITIN is a number issued by the Internal Revenue Service for tax filing purposes. Even if someone earned so little that the law doesn't require filing a tax return, filing a return is a good idea if for no other reason than to get the ITIN. Beyond establishing presence in the U.S., many undocumented immigrants want an ITIN for banking and other purposes. The ITIN is a handy substitute. Under current rules however, you can get the ITIN only when filing a tax return. To get an ITIN, you must have a legal obligation to file a return. You have that obligation if you earned $400 or more as an independent contractor, you are self-employed or your employer doesn't report your income to the IRS. If you earned very little last year, you can probably file a tax return reporting your income and get an ITIN without having to pay a cent in taxes. Examples of an independent contractors are day laborers and part-time housekeepers. If you worked for an employer who deducted taxes from your salary, you may file a tax return no matter the amount you earned. Even if you are undocumented, if your employer deducted taxes from your salary, you may be eligible for a refund, regardless of whether you filed using an ITIN or a Social Security number.

Note that the ITIN does not authorize you to work in the U.S. It is for record keeping purposes only. Still, some employers hire undocumented immigrants and report their worker's income using the ITIN. According to tax expert Eileen Glassman of the upstate Newburgh accounting firm of Goldstein, Karlewicz and Goldstein, LLP, if you or your employer report income using an ITIN number then later you get a valid Social Security card, you can ask the SSA to reconcile any retirement accounts that you create. For more information, go to www.irs.gov or www.ssa.gov.

Professor Wernick's Web site: www.allanwernick.com.

Read more: http://www.nydailynews.com/ny_local/bro ... z0MsK2kHTL

http://www.nydailynews.com/ny_local/bro ... efits.html