8 U.S.C. § 1613 - Five-year limited eligibility of qualified aliens for Federal means-tested public benefit
|Cite as:||8 U.S.C. § 1613|
|Currency:||Current through P.L. 116-135 (03/26/2020)|
(a) In general
Notwithstanding any other provision of law and except as provided in subsections (b), (c), and (d), an alien who is a qualified alien (as defined in section 1641 of this title) and who enters the United States on or after August 22, 1996, is not eligible for any Federal means-tested public benefit for a period of 5 years beginning on the date of the alien's entry into the United States with a status within the meaning of the term "qualified alien".
The limitation under subsection (a) shall not apply to the following aliens:
(1) Exception for refugees and asylees
(A) An alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [ 8 U.S.C. 1157 ].
(B) An alien who is granted asylum under section 208 of such Act [ 8 U.S.C. 1158 ].
(C) An alien whose deportation is being withheld under section 243(h) of such Act [ 8 U.S.C. 1253 ] (as in effect immediately before the effective date of section 307 of division C of Public Law 104-208) or section 241(b)(3) of such Act [ 8 U.S.C. 1231(b)(3) ] (as amended by section 305(a) of division C of Public Law 104-208).
(D) An alien who is a Cuban and Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980.
(E) An alien admitted to the United States as an Amerasian immigrant as described in section 1612(a)(2)(A)(i)(V) 1 of this title.
(2) Veteran and active duty exception
An alien who is lawfully residing in any State and is-
(A) a veteran (as defined in section 101, 1101, or 1301, or as described in section 107 of title 38) with a discharge characterized as an honorable discharge and not on account of alienage and who fulfills the minimum active-duty service requirements of section 5303A(d) of title 38,
(B) on active duty (other than active duty for training) in the Armed Forces of the United States, or
(C) the spouse or unmarried dependent child of an individual described in subparagraph (A) or (B) or the unremarried surviving spouse of an individual described in clause (i) or (ii) 2 who is deceased if the marriage fulfills the requirements of section 1304 of title 38.
(c) Application of term Federal means-tested public benefit
(1) The limitation under subsection (a) shall not apply to assistance or benefits under paragraph (2).
(2) Assistance and benefits under this paragraph are as follows:
(A) Medical assistance described in section 1611(b)(1)(A) of this title.
(B) Short-term, non-cash, in-kind emergency disaster relief.
(C) Assistance or benefits under the Richard B. Russell National School Lunch Act [ 42 U.S.C. 1751 et seq.].
(D) Assistance or benefits under the Child Nutrition Act of 1966 [ 42 U.S.C. 1771 et seq.].
(E) Public health assistance (not including any assistance under title XIX of the Social Security Act [ 42 U.S.C. 1396 et seq.]) for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease.
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