Section 202(t)(11) of the Act requires certain non-U.S. citizen dependents and survivors beneficiaries who have been outside of the United States for more than six months to satisfy a prior five-year U.S. residency requirement to receive benefits beyond those six months, as described in RS 02610.025.

During this five-year U.S. residency, the dependent or survivor must have been in a family relationship with the number holder. Section 202(t)(11)(E) says that citizens or residents of a foreign country with which the United States has a totalization agreement do not have to meet the five-year U.S. residency requirement unless the agreement contains such a limitation. The U.S. and Brazilian agreement does not contain any such limitation. Accordingly, effective October 1, 2018, Brazilian citizens or residents do not need to meet the five-year U.S. residency requirement.

If a non-United States citizen dependent or survivor does not meet the five-year United States residency requirement and alleges citizenship or residency of Brazil, develop for Brazilian citizenship and residence status.

GN 01701.150A.2. Alien Nonpayment Exemptions Under Totalization Agreements

RS 02610.025 5 Year Residency Requirement for Alien Dependents/Survivors Outside the United States (U.S.)

RS 02610.030, 5 Year Residency Requirements for Spouses, Natural Child, Adopted Child, and a Parent