GN 01741.145 Exception to Section 202(t)(11) Alien Nonpayment Provision under the Korean Agreement
Under Section 202(t)(11) of the Social Security Act, benefits generally may not be paid to non-U.S. citizens outside the U.S. who first became eligible for dependent or survivor benefits after 1984, unless they resided in the U.S. for at least 5 years during which their relationship with the worker existed.
As explained in GN 01701.150A.2., citizens or residents of a country with which the U.S. has a Totalization agreement are generally exempt from these requirements. Therefore, Korean citizens, regardless of where they reside, and residents of Korea are exempt from these requirements.
If a non-U.S. citizen dependent or survivor, who does not meet the U.S. residency requirements, alleges he/she is a citizen or resident of Korea, develop citizenship or residence status.
Developing citizenship and residence status, GN 01702.220 - GN 01702.230
Residency requirements for alien dependents and survivors outside the U.S., RS 02610.025