GN 01745.145 Exception to Section 202(t)(11) Alien Nonpayment Provision under the Japanese Agreement
Under Section 202(t)(11) of the Social Security Act, dependents and survivors benefits generally may not be paid to non-U.S. citizens outside the United States who have been outside for more than 6 months and who first became eligible for 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 United States has a Totalization agreement are exempt from these requirements unless an agreement includes a limitation on the exemption. The U.S.-Japanese agreement does not contain a limitation. Therefore, Japanese citizens, regardless of where they reside, and residents of Japan are exempt from these requirements.
If a non-U.S. citizen dependent or survivor, who does not meet the 5-year U.S. residency requirements, alleges he or she is a citizen or resident of Japan, develop citizenship or residence status.