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I'm Peter Roberts, immigration attorney who does work for YC and startups. AMA

300 points proberts | 2 comments | 14 Mar 25 14:39 UTC | HN request time: 0.427s | source

I'll be here for the next 6 hours. As usual, there are countless possible topics and I'll be guided by whatever you're concerned with but as much as possible I'd like to focus on the recent changes and potential changes in U.S. immigration law, policy, and practice. Please remember that I am limited in providing legal advice on specific cases for obvious liability reasons because I won't have access to all the facts. Please stick to a factual discussion in your questions and comments and I'll try to do the same in my responses. Thank you!
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galaxyLogic ◴[14 Mar 25 16:56 UTC] No.43364548[source]▶
Do Greencard holders have right to Social Security? What can you do if you are denied it?

Background: I was a GC holder and the expiration date on the GC was past due by the time they processed my application for social security. BUT I had also already applied for citizenship, and when doing that online the website informed me that my CG status was automatically extended a year or so because I had applied for citizenship.

I showed the Social Security Administration the printout of the document that showed my GC status had been automatically extended. But they denied my social security application with the reason "We have not been able to determine your age is > 64".

I had been to the SS offices several times showing them my actual greencard and my valid passport from my country of origin. The government issued GC showed my birthdate. Also I showed them the printed social security statement they used to mail me every year or so, showing my age.

So it seems to me I was denied social security on totally false premises. They surely were able to easily and reliably determine my age.

How can this happen in USA? Why would they do this? Do they have a standing order saying "Deny every application you can if it is an immigrant?"

What should I do? Sue the government? (I understand you cannot give an exact recommendation what to do in this case, but would that be a viable practical option?)

Thanks

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galaxyLogic ◴[14 Mar 25 17:02 UTC] No.43364621[source]▶
To follow up a bit: I got my citizenship. Then I was approved for Medicare. Then I applied for Medicate part C and D with the healthcare provider Humana. Humana initially approved my application but then sent me a letter saying my part C and D was DENIED the reason being: "Illegally present in US".

I have never been in the USA illegally but always had a valid visa until I got my citizenship. So where did Humana come up with the claim I was illegal? I can only assume that Social Security Administration told them so, perhaps to cover up their mistake that they had wrongly denied me social security.

Should I sue Humana or Social Security Administration?

replies(1): >>43366169 #
1. proberts ◴[14 Mar 25 19:16 UTC] No.43366169[source]▶
This isn't really an immigration question so I would recommend that you speak with a benefits lawyer but it's always a good practice when something like this happens to submit FOIA requests with the appropriate agencies to try to find out what's going on.
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2. galaxyLogic ◴[15 Mar 25 18:42 UTC] No.43374397[source]▶
Thank's for the tip. I've known about FOIA requests but never fancied I could create one myself.

It's more an issue with benefits than immigration like you say, but I just assumed I was treated badly because I was an immigrant, so immigrants beware.

Also I wanted to play nice I thought if I caused some trouble for them they would definitely treat me even worse. Immigrants don't have a similar feeling about their "rights", and what they can do, as perhaps native-born Americans have.