GN 01755.145 Exceptions to Section 202(t)(11) U.S. Residency Requirements for Certain Dependents and Survivors under the Agreement with Hungary
A. Policy for U.S. residency requirement
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.
B. Dependent or survivor does not meet U.S. residency requirement under the agreement
If a non-U.S. citizen dependent or survivor does not meet the 5-year residency requirement and alleges citizenship or residency of Hungary, develop for Hungarian citizenship and residence status.