Section 202(t)(11) of the Social Security Act requires certain non-U.S. citizen dependents
and survivors who have been outside of the United States for more than 6 months to
satisfy a 5-year U.S. residency requirement to receive benefits. During this 5-year
residence, the dependent or survivor must have been in a family relationship with
the number holder (NH). However, Section 202(t)(11)(E) makes an exception for individuals
who are citizens or residents of a foreign country with which the U.S. has a Totalization
agreement to the extent provided in such an agreement. The U.S.-Hungarian agreement
does not contain any such limitation.
For more information about alien nonpayment exemptions under Totalization agreements,
see GN 01701.150A.2.
For more information about the 5-year U.S. residency requirement for dependents and
survivors, see sections RS 02610.025.
For information about the 5-Year Residency Requirements for Spouses, Natural Child,
Adopted Child, and a Parent see RS 02610.030.