Current through August, 2024
(a) The following
aliens shall not be eligible:
(1) Aliens
lawfully admitted for permanent residence under the INA (except as provided for
under subsection (b));
(2) Aliens
paroled under section 212(d)(5) of the INA for a period of at least one year;
or
(3) Aliens granted conditional
entry pursuant to section 203(a)(7) of the INA in effect prior to April 1,
1980.
(b) Aliens who
entered the United States prior to August 22, 1996 shall have their eligibility
determined as follows:
(1) The following
shall be eligible for five years after they obtain the designated alien status:
(A) Refugees admitted under section 207 of
the INA;
(B) Asylees admitted under
section 208 of the INA; and
(C)
Aliens whose deportation has been withheld under section 243(h) of the
INA.
(2) The following
shall be eligible for an unlimited period:
(A) Veterans who were honorably discharged
for reasons other than alienage;
(B) Active duty personnel (other than active
duty for training);
(C) The spouse
or unmarried dependent children of these veterans and active duty personnel;
and
(D) Aliens lawfully admitted
for permanent residence under the INA. These aliens must have worked forty
qualifying quarters of coverage under Title II of the Social Security Act or
can be credited with such qualifying quarters. A qualifying quarter includes:
(i) One worked by a parent of an alien while
the alien was under eighteen years of age; and
(ii) One worked by a spouse during their
marriage if the alien remains married to the spouse or the spouse is deceased.
Beginning January 1, 1997, any quarter in which the alien received any federal
means-tested public benefit is not counted as a qualifying quarter.
(c) The
provisions of subsections (a) and (b) shall not apply until April 1, 1997 to an
alien who received food stamp benefits on August 22, 1996, unless such alien is
determined ineligible. The branch shall redetermine the eligibility of all such
aliens during the period beginning April 1, 1997 and ending August 22,
1997.
(d) Aliens who entered the
United States on or after August 22, 1996 shall not be eligible for a period of
five years beginning on the date of the alien's entry into the United States.
The provisions of this subsection shall not apply to the following aliens:
(1) Refugees admitted under section 207 of
the INA;
(2) Asylees admitted under
section 208 of the INA;
(3) Aliens
whose deportation has been withheld under section 243(h) of the INA;
(4) Veterans who were honorably discharged
for reasons other than alienage;
(5) Active duty personnel (other than active
duty for training);
(6) The spouse
or unmarried dependent children of these veterans and active duty personnel;
and
(7) Refugee and entrant
assistance activities authorized by Title IV of the INA and section 501 of the
Refugee Education Assistance Act of 1980, for Cuban and Haitian entrants as
defined in section 501(e)(2) of the Refugee Education Assistance Act of
1980.
