TN 2 (01-03)
GN 01727.145 Exception to Section 202(t)(11) Alien Nonpayment Provision for Dependents and Survivors Under the Portuguese Agreement
Dependents and survivors benefits generally may not be paid to aliens who have been outside the United States for more than 6 months and who first became eligible for the benefits after 1984, unless they satisfy certain U.S. residency requirements (5-year residency rule).
As explained in GN 01701.150A.2., citizens or residents of a country with which the U.S. has a Totalization agreement are exempt from these requirements unless the agreement includes a limitation on the exemption. The U.S.-Portuguese agreement does not contain a limitation. Therefore, Portuguese citizens, regardless of where they reside, and residents of Portugal are exempt from these requirements.
If an alien dependent or survivor, who does not meet the 5-year residency requirement, alleges he or she is a citizen or resident of Portugal, develop for citizenship or residence status.
Definition of Portuguese territory, GN 01727.115
Developing citizenship and residence status, GN 01702.220 - GN01702.230
Residency requirements for alien dependents and survivors outside the United States, RS 02610.025