Citizenship of a beneficiary living outside the United States can be important in determining whether the beneficiary meets an exception to the alien nonpayment provisions or is subject to alien tax withholding. Each Totalization agreement extends certain benefit rights based on a person’s citizenship. For example, citizens of an agreement country may be exempt from the 5-year U.S. residence requirement for the payment of dependents and survivors benefits outside the United States. The subchapters describing the individual agreements provide information for determining who is exempt from the alien nonpayment provisions based on citizenship in that agreement country.

Obtain evidence of the applicant’s citizenship in a claim for U.S. benefits when:

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  the applicant is outside the United States,

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  the applicant alleges the applicant is a citizen of the United States or a Totalization country, and

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  benefits would not otherwise be payable outside the United States.

Do not develop for evidence of citizenship if an applicant is filing for foreign benefits only, but accept any evidence the applicant wishes to submit. Advise the applicant the foreign country will contact the applicant directly concerning any evidence of citizenship it may require.

Evidence of Citizenship, RS 02640.000, GN 00303.000