An alien is subject to the alien nonpayment provision after being outside the U.S.
for 6 full consecutive calendar months. The alien is placed into suspense (SJ) effective
the 7th month of his/her absence from the U.S.
After an alien has been outside the U.S. for 6 consecutive months, the benefits are
resumed only when he/she enters the U.S. and is lawfully present for a full calendar
month. A full calendar month is defined as 24 hours of each and every day of the period.
Important: Do not confuse the requirement that an alien must spend a full calendar month in
the U.S. for resumption of payments from alien nonpayment suspense with the requirement
that an alien must spend 30 full consecutive days in the U.S. to interrupt a 6 month
period of absence.
For example, February is considered a full calendar month with 28 days. If the alien
has been outside the U.S. for 6 consecutive calendar months and is suspended in the
7th month, his/her benefits can be resumed if the entire month of February is spent inside
the U.S. However, an alien who is absent from the U.S. for less than 6 consecutive
calendar months does not interrupt the 6 month period of absence because there are
only 28 days (29 days if a leap year) in February.
NOTE: When an alien who does not meet an alien exception code, moves to another country
where benefits can be paid (e.g., a totalization country) his/her benefits will resume
beginning with the first full calendar month of residency in that foreign country.
CAUTION: For applications filed on or after December 1, 1996, payments for the full
calendar month while physically present in the U.S. will only be made if the beneficiary
is lawfully present. See (RS 00204.010) - Lawful Presence Payment Provisions.