Section 202(t)(1) of the Social Security Act (Act) provides that we do not pay benefits
to a beneficiary who:
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•
is not a U.S. citizen or national; and
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•
has been outside the United States for more than six consecutive calendar months.
Section 202(t)(11) requires that non-U.S. citizen dependents and survivors must also
meet a five-year U.S. residency requirement, and provides exceptions to this requirement.
NHs who are Brazilian citizens were exempt from the ANP prior to the effective date
of this agreement as described in RS 02610.015. Before the agreement, dependent and survivor beneficiaries who are Brazilian citizens
also had to meet the five-year United States residency requirement of section 202(t)(11)
to qualify for the alien nonpayment exemption.