RS 02610.022: When Evidence of Presence in the United States (U.S.) is Required
Effective Dates: 11/20/2017 - Present
- TN 15 (05-08)
- RS 02610.022 When Evidence of Presence in the United States (U.S.) is Required
- A. Proof of Visits to the U.S. under the Alien Nonpayment Provision
- Proof of presence is required if the alien is or has been outside the U.S. and alleges a return to the U.S., or the exact month of departure from the U.S. is in doubt. This pertains to visits for any part of one day, visits for 30 consecutive days, and visits for a full calendar month. If proof is needed, see (RS 02610.023) - Acceptable Evidence of Presence in the (U.S.) for 30 Consecutive Days/1 Full Calendar Month.
- B. Beneficiary Residing Outside the U.S.
- For initial claims, proof of presence is required when an alien residing outside the United States alleges he/she was present in the U.S. sometime during the 6 month period before his/her first month of entitlement, or at any subsequent time, and the presence is material to receipt of benefits.
- C. Beneficiary Residing in the U.S.
- For initial claims, proof of presence is not required when an alien residing in the U.S. alleges presence in the U.S. for the entire retroactive period of his/her application.
- Proof of presence is required when an alien alleges that he/she was outside the U.S. at any time during the retroactive period of his/her application. The alien’s presence in the U.S. may be assumed for future months unless other information is received.
- D. Beneficiary Changes Address to Foreign Country
- Proof of presence is not required when an alien requests a change of address from the U.S. to a foreign address and the request was mailed in the U.S. Assume presence throughout the entire month in which the request was mailed. See (GN 02605.200) - Change of Address-Domestic to Foreign.
- If the request was mailed from a foreign country, the alien must indicate the month and year of his/her departure from the U.S., unless this information is already on the Master Beneficiary Record (MBR). Accept the alleged departure date if there is no doubt to its validity.
- Process the change of address through Post Entitlement Online System (POS), and key the date Left U.S./Outside of U.S. (LEUS) on the LEUS. See (MSOM T2PE 003.002) - POS Address/ Direct Deposit/Phone (PEAD) and (MSOM Common 005.024) - Left U.S./Outside the U.S. (LEUS).
- E. Beneficiary Changes Address to the U.S.
- Proof of presence is needed, when an alien reports a change of address from foreign to domestic. Obtain proof of the month of entry into the U.S.
- If the alien is in suspense due to alien nonpayment provisions, you must obtain proof of presence for a full calendar month before payments can be resumed. In addition, a verification of physical presence in the U.S. is required in any case in which a beneficiary reports a return to the U.S. and:
- * Shows an “in-care-of” address in the U.S.;
* Was previously in a restricted country;
- * Was previously in a local currency country, See (GN 02405.200) - How to Process Local Currency Checks Received in the Field Office.
- Obtain proof of presence in the U.S. by direct contact with the alien either in person or by telephone. See (GN 01070.305) - Use of Direct Contact (DIRCON). After the proof of presence is obtained, process the change of address through POS, See (MSOM T2PE 003.002) - POS Address/ Direct Deposit/Phone (PEAD).
- NOTE: Also document lawful presence requirements under Title II Welfare Reform Provisions, see (RS 00204.010) - Lawful Presence Payment Provisions, on the CLLP screen in POS, see (MSOM COMMOM 005.011) - Lawful Presence (CLLP) and update any changes to the alien tax withholding or the PELF screen, see (MSOM T2PE 003.014) - Alien Tax Update (PELF), so POS can correctly derive the right payment status from all data.
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