TN 54 (07-23)

GN 00205.168 Importance of Residence and Presence in the U.S.

A. Introduction

Residence and presence in the U.S. and other countries are material in several areas. Their effect and the definitions of residence and presence in the U.S. vary depending on:

  • the section of the Act involved, and

  • whether the term is defined by the Social Security Administration (SSA) or the Internal Revenue Code.

Public Law (P.L.) 104-193, the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 was signed into law on August 22, 1996 and became effective for title II (T2) purposes on September 1, 1996. The law requires that, for T2 applications with effective filing dates of September 1, 1996 or later, each T2 claimant in the U.S., must provide evidence that they are a U.S. Citizen or U.S. national, or an alien lawfully present in the U.S. as determined by the Attorney General. This law includes claimants applying for benefits from the U.S. under a totalization agreement unless we already established U.S. citizenship or lawful alien status through our records.

B. Considering residence and presence in the U.S.



POMS Reference

Health Insurance (HI)/Supplemental Medical Insurance (SMI) Uninsured

Residence and lawful admission to U.S. for permanent residence


EXCEPTION: HI/SMI based on end-stage renal disease has no residency requirements.

GN 00303.700 -

GN 00303.740,


GN 00303.800

Supplemental Security Income (SSI)

Residence and presence in U.S.

SI 00501.400

Alien Nonpayment

Provisions - Section 202(t)

To determine if provisions apply, consider:


  • citizenship,

  • residence in U.S. or certain totalization countries

  • presence in U.S. for beneficiaries who do not meet an exception

GN 00303.001,

GN 00303.100,

RS 02610.010




RS 02610.010


To determine if we can make payments to beneficiaries who do not meet an exception, presence in U.S.



RS 02610.020

Alien Withholding Tax

Residence in U.S. or certain tax treaty countries

GN 05010.010

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GN 00205.168 - Importance of Residence and Presence in the U.S. - 07/26/2023
Batch run: 12/11/2023