TN 4 (06-04)
RS 02635.030 Initiating or Resuming Payments After Removal
A. Policy – Number Holder (NH)
Benefits to a NH who has been removed from the United States can be initiated or resumed under the removal provisions if acceptable evidence is submitted to establish that the NH was granted lawful admission for permanent residence (LAPR) status in the United States subsequent to the removal. (See RS 02635.001D.2. and RS 02635.001D.3. concerning when nonpayment under the removal provisions begins and ends.)
Evidence establishing that a removed alien later became a naturalized U.S. citizen is also acceptable for this purpose as long as the date permanent residence status was acquired (prior to the naturalization) is not material to the date of initiation or reinstatement of benefits. See GN 00303.440 for acceptable evidence of LAPR.
Acceptable evidence of naturalized U.S. citizenship may includes:
B. Procedure – Number Holder
Handle evidence to establish LAPR or U.S. citizenship as follows:
Be sure evidence establishes that LAPR status was granted after the removal.
Verify the DHS documents submitted to establish LAPR or U.S. citizenship via the I-Main Web Based Systematic Alien Verification for Entitlements (SAVE) program. (See MSOM INTRANET 001.002, MSOM INTRANET 002.001 - MSOM INTRANET 002.018, GN 00303.640).
See GN 00301.285 and GN 00301.286 for documentation procedures.
If evidence is sufficient to establish that LAPR status or U.S. citizenship status was granted after removal, initiate or resume benefits and have the DRAMS entry deleted according to instructions in RS 02635.005C.2.
C. Policy - Dependents or Survivors
Dependent or survivor benefits may be resumed effective with the month benefits payable to the removed NH are resumed. If the NH's benefits remain subject to suspension under the removal provisions, an alien dependent or survivor on the NH's record may have benefits resumed effective with the month the dependent or survivor becomes a U.S. citizen or resumes his/her presence in the United States for an entire calendar month. See GN 00303.300 or RS 02610.023D. for the evidence to obtain to support resumption.
NOTE: Although the removal provisions may cease to apply, the alien dependent/survivor may also be required to meet an exception to the alien nonpayment provisions if he/she is outside the United States (see RS 02610.000) or to satisfy the lawful presence requirement if he/she is in the United States (see RS 00204.000).
D. Procedure – Dependents or Survivors
See RS 02635.020D. for general instructions on applying the removal provisions to dependents or survivors.