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What type of lawful status do you have after Filing AOS?

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  • What type of lawful status do you have after Filing AOS?

    What is the type of lawful status called after acceptance of an AOS application? Non-US Citizen/Non-US Perm or Temp Resident Status?

    I just received my green card last month. I am filing for Widow's SS benefits. They told me my widow's benefit would not include back payments. They said they took the date to begin my payments as the date of lawful presence being when I got my EAC. But I always thought my lawful presence would have begun when I filed my AOS. I want to appeal this. Thoughts? Tysm.

  • #2
    According to this page, it seems that a pending Adjustment of Status does not count as lawful presence for Social Security payment purposes, unless you are the spouse or child of a US citizen and the petition has already been approved.

    This is my personal opinion and is not to be construed as legal advice.

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    • #3
      Newacct, thank you for your response and doing this research for me. I read the page and I understand now. You are amazing. Thank you so much for taking the time to do this and respond to me. At least I will not regret not appealing the decision now.

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