Survivors Residing in the U.S.

• Eligibility requirements for Social Security benefits for non-citizens changed beginning Dec. 1996. A widow who is not a U.S. citizen can receive benefits if she is lawfully present, according to rules established by the U.S. Attorney General. Lawful residents include aliens admitted as permanent residents, individuals granted asylum (only in certain cases), Cubans and Haitians or refugees and other aliens admitted under special provisions. Non-citizen widows in these categories may collect Social Security while living in the U.S. Widows or widowers who do not fall into one of the categories of qualified aliens cannot collect Social Security benefits even while inside the U.S. However, they can receive the lump sum death benefit -- a one-time payment of $255.
  
  

Leaving the US

• Widows who cannot receive benefits while in the U.S., because they are not qualified aliens, may become eligible upon leaving the United States. Non-citizens can receive Social Security benefits for six months after leaving the U.S., after which time, benefits stop. The six months starts the month after the departure month. However, citizens of one of 23 specified countries that include Austria, Canada, Chile, France, Germany, Japan, Sweden and the United Kingdom can continue receiving benefits beyond the six months. The survivor does not have to reside in the country of citizenship.
  
  

Special Eligibility Exceptions

• Widows who are not citizens of the 23 specified countries may continue receiving benefits outside the U.S. if the deceased spouse died due to disease or injury connected to US military service or passed away while in the U.S. military. Widows who are citizens of a list of 53 specified countries also remain eligible, provided they lived in the U.S. at least five years and, during those five years, were the legal spouse of the deceased. These countries include Mexico; most Central and South American countries and Puerto Rico; Turkey and the Philippines. However, the widow does not have to meet the five year requirement if she is a resident -- not necessarily a citizen -- of 24 specific countries. The countries include Australia, Canada, Chile, France, Spain, Switzerland and the United Kingdom.
  
  

Exceptions to Ineligibility

• Widows who meet no other exception can continue receiving benefits while outside the U.S. if the late spouse lived in the U.S. at least 10 years or had the equivalent of 10 years of work -- 40 work credits -- under Social Security. The widow must have lived in the U.S. at least five years and been married to the deceased during those five years. She must also be a citizen of one of 55 countries, including Afghanistan, Bangladesh, Botswana, China, Haiti, Honduras, South Africa or Taiwan.
  
  

Extension of Benefits

• Non-citizen widows, who do not meet any exception, lose Social Security benefits after six months absence from the U.S. However, the widow can qualify for another six months of benefits if she returns to the U.S. before the six months expires and stays at least 30 consecutive days. She must be in the U.S. legally and prove she is present without interruption for 30 days. The widow must contact the nearest Social Security office immediately upon returning to the U.S. to establish the intent to remain for 30 days. After continuous residence for at least 30 days she can leave the U.S. and receive benefits for another six months.