New York Daily News

Can’t use Customs to stop a cheater

- ALLAN WERNICK

QMy brother is having an affair with a woman from the Netherland­s. Can we get immigratio­n to deny her entry? My brother is married with three children. The woman flies to the United States to meet with him.

Name withheld, by email Adultery is not a basis for denying a person entry into the United States. U.S. Customs and Border Protection has no interest in the matter. My undocument­ed wife has been working and paying taxes for more than 16 years. Now that she has turned 65, can she collect her Social Security retirement benefits?

I am a permanent resident, applying to become a U.S. citizen. My wife has been working with an Individual Tax Identifica­tion Number. The company she works for has been paying into the Social Security fund and Medicare.

Lerick Sotelo, by email If you become a U.S. citizen, you can petition for your wife to become a permanent resident. Undocument­ed immigrants cannot receive Social Security retirement benefits while living in the United States. Some can get their benefits if they move abroad, but if your wife wants to stay here, she needs to get legal status. Her time working in the United States while undocument­ed counts toward the 10 years (40 quarters) a worker needs to qualify for benefits.

If your wife becomes a permanent

AQAresiden­t, she can immediatel­y apply for her benefits. As is the case with all Social Security recipients, the older she is when she begins tapping into benefits, the more she will receive.

Undocument­ed immigrants who can’t get legal status can sometimes can get their benefits if they retire abroad. The best way to find out whether a person living abroad qualifies for benefits is to call the Social Security Administra­tion at (800) 772-1213. Can I petition for a green card for my niece? I am a U.S. citizen.

Kodjo, Upper Darby, Pa. No. U.S. citizens can petition for their parents (if the citizen is at least age 21), spouses and children, no matter their age or marital status. A permanent resident can petition for a spouse and unmarried children of any age.

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