Loss of Green Card and Social Security Benefits

[Jellyfish.]

I have a question regarding my 71 year old mother's social security allowance. She is a French citizen and a Permanent Resident in the US with a green card through marriage to my American father. She has been residing in New Jersey with my father since 21st August, 1979 and started receiving social security benefits through my father several years ago. She worked part-time in the US but never enough to have her own pension.

My mother traveled back to France a few years ago to take care of her dying mother and other relatives. She has been going back and forth to the US every few months to be sure she doesn't lose her green card and isn't out of the US for more then 6 months at a time. I am worried that because of old age and illness my mother is now not able to get back to the US and will end up permanently in France.

My question is - if she is physically unable to return to the USA and therefore loses her green card can she still claim her social security benefits while living in France?

 

[CalGreenCard]

First--let me say that--assuming your parents still have a viable marriage--I'm quite saddened to hear that this situation may leave your parents permanently separated. That situation quite simply isn't right--is there anything that can be done to reunite them?

However I don't think there is any problem with receiving social security benefits abroad even if she no longer has US status. France is a country with which the USA has a social security agreement. However I don't know the specifics of how that agreement operates especially if, for example, she worked in France prior to coming to the USA in 1979.

She should not, however, simply let her green card lapse by default from having spent too much time outside the USA. With FATCA and the requirement to file FBAR's, she should be more proactive: either maintaining the GC by returning to the US or actively giving it up via a Form I-407. Leaving her status uncertain and vague is very unwise IMHO.

But I'll say again: if your parents want to be together, I hope a way can be found to get them together.