This section explains action to take upon receipt of proof of U.S. presence for individuals
subject to the ANP under Section 202(t) of the Social Security Act.
The ANP requires that we suspend Title II benefits of individuals who are not citizens
or nationals of the United States, beginning the month after the sixth consecutive
calendar month they are not present in the United States, unless they meet one of
the exceptions described in RS 02610.010. Beneficiaries who meet an exception are not subject to the ANP and can receive Title
II benefits without regard to absence from the United States. Dependents and survivors
must satisfy a secondary requirement to meet certain exceptions. To learn more about
this secondary requirement, see RS 02610.025.
Beneficiaries who are subject to the ANP can make certain types of U.S. visits, described
below in this section, to prevent benefit suspension or to resume benefits after suspension.
A U.S. visit is a period of physical presence in the United States. For more information
about establishing absence and presence in the United States under the ANP, see RS 02610.020.
For purposes of the ANP, the United States includes the 50 states, District of Columbia,
Puerto Rico, the U.S. Virgin Islands, Guam, the Northern Mariana Islands, and American
Samoa.
Physical presence is different from lawful presence. For information about the Lawful
Presence Provision and the ANP, see RS 02610.041.
1. Types of U.S. visits that allow benefits to continue under the ANP
The list below describes the types of U.S. visits that allow continuation or resumption
of benefits under the ANP.
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1-Day Visits
After a full calendar month of lawful U.S. presence, beneficiaries subject to the
ANP can leave the United States and delay the beginning of the 6-month period of absence
by returning for any part of a day before 30 days have passed.
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30-Day Visits
When beneficiaries who are subject to the ANP leave, and remain outside the United
States for 30 consecutive days, we count the first calendar month after the "Left
U S DATE OR OUTSIDE OF U S DATE" as the beginning of the 6-month period of absence.
These individuals may break the 6-month period of absence by returning to the United
States and remaining physically and lawfully present for 24 hours of each day for
30 days in a row, without leaving the United States at any time, before the end of
the sixth month. The last day of the 30 consecutive day period must be completed before the last day of the sixth calendar month outside the United States.
When the 6-month period is broken, it does not start again until the beneficiary leaves
and remains outside the United States for at least 30 consecutive days.
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Full Calendar Month Visits
Once benefits are suspended under the ANP due to a 6-month period of absence, we can
resume benefits beginning the month that the beneficiary is physically and lawfully
present in the United States for 24 hours of each day for an entire calendar month,
without leaving the United States at any time.
Technicians can use the San Francisco Alien Non-Payment Resources Interactive
Interview
Checklist
and
Date
Calculators for each scenario.
2. Examples of U.S. visits that allow benefits to continue under the ANP
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Example of a 1-day visit:
The spouse of a number holder (BIC B) was lawfully in the United States for the entire
month of June 2022. B left the United States on July 15, 2022. If B returns for any
part of one day within the next 30 days (July 16 through August 14), the 6-month period
of absence does not begin (i.e., we do not consider B to be outside the United States).
If B does not return to the United States on or before August 14, the 6-month period
of absence begins August 2022 and ends January 2023. If B takes no action to interrupt
the 6-month period of absence, B's benefits will be suspended beginning February 2023.
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Example of a 30-day visit:
The widow of a number holder (BIC D) left the United States on December 10, 2021 and
did not return within 30 days. D's 6-month period of absence began January 2022. D
returned on May 1, 2022, and remained in the United States lawfully and continuously
present for 30 days from May 2 through May 31. This 30-day visit interrupted the 6-month
absence and prevented suspension of benefits because it was completed before the end
of the sixth consecutive calendar month after D left the United States on December
10, 2021.
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Example of
a
full
calendar month visit:
A surviving mother (BIC E) left the United States on May 1, 2021 and did not return
within 30 days. E’s benefits were suspended beginning December 2021 because E remained
outside the United States for six consecutive calendar months (June 2021 through November
2021). E returned to the United States on January 1, 2022 and remained lawfully and
continuously present until leaving again on April 3, 2022.
We can resume benefits effective February 2022 because this is the first full calendar
month E was in the United States. (The month of January does not count as a full calendar
month because E was not inside the United States for 24 hours on January 1, 2022.)
E left the United States again on April 3, 2022. E’s benefits will be suspended again
beginning November 2022 unless E returns to the United States:
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for any part of one day from April 4 through May 3, 2022 (within 30 days of the "Left
U S DATE OR OUTSIDE OF U S DATE"); or
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no later than October 1, 2022 to complete a 30-day visit before November 1, 2022.
The 6-month period of absence is May through October 2022. Therefore, a 30-day visit
must be completed before October 31 to prevent suspension starting November 2022,
the month after the sixth consecutive month of absence.
For more examples, see RS 02610.020.