1
 See References in Text note below.
[
2
 So in original. Probably should be “2012(j))).”.
3
 So in original. Probably should be “alien is”.
admitted to the United States as an Amerasian immigrant as described in subsection (a)(2)(A)(i)(V) 
Editorial Notes
References in Text

Section 243 of such Act and section 243 of the Immigration and Nationality Act, referred to in subsecs. (a)(2)(A)(iii), (M)(i)(III)(dd) and (b)(2)(A)(i)(III), (ii)(III), are section 243 of act June 27, 1952, which is classified to section 1253 of this title. Section 1253 of this title was amended generally by Pub. L. 104–208, div. C, title III, § 307(a), Sept. 30, 1996, 110 Stat. 3009–612, and, as so amended, no longer contains a subsec. (h). For effective date of section 307 of Pub. L. 104–208, see section 309 of Pub. L. 104–208, set out as an Effective Date of 1996 Amendments note under section 1101 of this title.

Section 501(e) of the Refugee Education Assistance Act of 1980, referred to in subsecs. (a)(2)(A)(iv), (M)(i)(III)(cc) and (b)(2)(A)(i)(IV), (ii)(IV), is section 501(e) of Pub. L. 96–422, which is set out in a note under section 1522 of this title.

Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, as contained in section 101(e) of Public Law 100–202, referred to in subsec. (a)(2)(A)(v), is section 101(e) [title V, § 584] of Pub. L. 100–202, Dec. 22, 1987, 101 Stat. 1329–183, which is set out as an Amerasian Immigration note under section 1101 of this title.

The 9th proviso under migration and refugee assistance in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989, Public Law 100–461, referred to in subsec. (a)(2)(A)(v), is contained in Pub. L. 100–461, title II, Oct. 1, 1988, 102 Stat. 2268–15, which is set out as an Amerasian Immigration note under section 1101 of this title.

The Immigration and Nationality Act, referred to in subsecs. (a)(2)(B)(i) and (b)(2)(B)(i), is act June 27, 1952, ch. 477, 66 Stat. 163, which is classified principally to chapter 12 (§ 1101 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of this title and Tables.

The Social Security Act, referred to in subsecs. (a)(2)(B)(ii)(I), (M)(i)(II), (3)(A) and (b)(2)(B)(ii)(I), (F), (3), is act Aug. 14, 1935, ch. 531, 49 Stat. 620. Titles II, XVI, XIX, and XX of the Act are classified generally to subchapters II (§ 401 et seq.), XVI (§ 1381 et seq.), XIX (§ 1396 et seq.) and XX (§ 1397 et seq.), respectively, of chapter 7 of Title 42, The Public Health and Welfare. Part A of title IV of the Act is classified generally to part A (§ 601 et seq.) of subchapter IV of chapter 7 of Title 42. For complete classification of this Act to the Code, see section 1305 of Title 42 and Tables.

The Food Stamp Act of 1977, referred to in subsec. (a)(2)(D)(ii)(I), (F)(ii), (3)(B), subsequently renamed the Food and Nutrition Act of 2008, is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. Section 3(l) of the Act, which defined “supplemental nutrition assistance program”, was classified to section 2012(l) of Title 7, prior to repeal by Pub. L. 113–79, title IV, § 4030(a)(3), Feb. 7, 2014, 128 Stat. 813. Such term is now defined in section 2012(t) of Title 7. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables.

This chapter, referred to in subsecs. (a)(3) and (b)(3), was in the original “this title” meaning title IV of Pub. L. 104–193, Aug. 22, 1996, 110 Stat. 2260, which enacted this chapter, section 1183a of this title, and sections 611a and 1437y of Title 42, The Public Health and Welfare, amended section 1383 of this title, sections 32 and 6213 of Title 26, Internal Revenue Code, and sections 1436a and 1471 of Title 42, and enacted provisions set out as notes under section 1183a of this title and section 32 of Title 26. For complete classification of title IV to the Code, see Tables.

Section 212(b) of Public Law 93–66, referred to in subsec. (a)(3)(A), is set out as a note under section 1382 of Title 42, The Public Health and Welfare.

Subsection (a)(2)(A)(i)(V) of this section, referred to in subsec. (b)(2)(A)(i)(V), (ii)(V), was redesignated section 1612(a)(2)(A)(v) of this title by Pub. L. 105–185, title V, § 503(2), (3), June 23, 1998, 112 Stat. 578.

Codification

Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246.

Amendments

2024—Subsec. (a)(2)(N). Pub. L. 118–42, § 209(f)(1)(A), added subpar. (N).

Subsec. (b)(2)(G). Pub. L. 118–42, § 209(f)(1)(B), substituted “Exception for” for “Medicaid exception for” in heading and “any designated Federal program” for “the designated Federal program defined in paragraph (3)(C) (relating to the Medicaid program)” in text.

2020—Subsec. (b)(2)(G). Pub. L. 116–260 added subpar. (G).

2008—Subsec. (a)(2)(F)(ii). Pub. L. 110–246, § 4115(c)(2)(D)(i), substituted “section 3(j)” for “section 3(r)”.

Subsec. (a)(2)(M). Pub. L. 110–328 added subpar. (M).

Subsec. (a)(3)(B). Pub. L. 110–246, § 4115(c)(2)(D)(ii), substituted “section 3(l)” for “section 3(h)”.

2002—Subsec. (a)(2)(F). Pub. L. 107–171, § 4401(a), added cl. (i), substituted “(ii) in the case” for “(II) in the case”, and struck out former cls. (i) and (ii)(I) which read as follows:

“(i) was lawfully residing in the United States on August 22, 1996; and

“(ii)(I) in the case of the specified Federal program described in paragraph (3)(A), is blind or disabled, as defined in section 1614(a)(2) or 1614(a)(3) of the Social Security Act; and”.

Subsec. (a)(2)(J). Pub. L. 107–171, § 4401(b)(1), substituted “who is under 18 years of age.” for “who—

“(i) was lawfully residing in the United States on August 22, 1996; and

“(ii) is under 18 years of age.”

Subsec. (a)(2)(L). Pub. L. 107–171, § 4401(c)(1), added subpar. (L).

1998—Subsec. (a)(2)(A). Pub. L. 105–185, § 503, struck out cl. (i) designation and heading after subpar. (A) heading, substituted “programs described in paragraph (3)” for “program described in paragraph (3)(A)” in introductory provisions, redesignated subcls. (I) to (V) as cls. (i) to (v), respectively, and realigned their margins, and struck out heading and text of former cl. (ii) which related to eligibility of certain aliens for the food stamp program.

Subsec. (a)(2)(F). Pub. L. 105–185, § 504(1), substituted “specified Federal programs described in paragraph (3)” for “program defined in paragraph (3)(A) (relating to the supplemental security income program)” in introductory provisions.

Subsec. (a)(2)(F)(ii). Pub. L. 105–185, § 504(2), designated existing provisions as subcl. (I), inserted “in the case of the specified Federal program described in paragraph (3)(A),” before “is blind”, substituted “; and” for period at end, and added subcl. (II).

Subsec. (a)(2)(G). Pub. L. 105–185, § 505, substituted “Exception” for “SSI exception” in subpar. heading and “specified Federal programs described in paragraph (3)” for “program defined in paragraph (3)(A) (relating to the supplemental security income program)” in introductory provisions.

Subsec. (a)(2)(I). Pub. L. 105–185, § 506, added subpar. (I).

Subsec. (a)(2)(J). Pub. L. 105–185, § 507, added subpar. (J).

Subsec. (a)(2)(K). Pub. L. 105–185, § 508, added subpar. (K).

1997—Subsec. (a)(2)(A). Pub. L. 105–33, § 5302(a), amended heading and text of subpar. (A) generally. Prior to amendment, text read as follows: “Paragraph (1) shall not apply to an alien until 5 years after the date—

“(i) an alien is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act;

“(ii) an alien is granted asylum under section 208 of such Act; or

“(iii) an alien’s deportation is withheld under section 243(h) of such Act.”

Subsec. (a)(2)(A)(i)(III). Pub. L. 105–33, § 5562, substituted “section 243(h) of such Act (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 (as amended by section 305(a) of division C of Public Law 104–208)” for “section 243(h) of such Act”.

Subsec. (a)(2)(A)(i)(V). Pub. L. 105–33, § 5306(a)(1), added subcl. (V).

Subsec. (a)(2)(A)(ii)(III). Pub. L. 105–33, § 5562, substituted “section 243(h) of such Act (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 (as amended by section 305(a) of division C of Public Law 104–208)” for “section 243(h) of such Act”.

Subsec. (a)(2)(A)(ii)(V). Pub. L. 105–33, § 5306(a)(2), added subcl. (V).

Subsec. (a)(2)(C)(i). Pub. L. 105–33, § 5563(c), inserted “, 1101, or 1301, or as described in section 107” after “section 101”.

Pub. L. 105–33, § 5563(a), inserted “and who fulfills the minimum active-duty service requirements of section 5303A(d) of title 38” after “alienage”.

Subsec. (a)(2)(C)(iii). Pub. L. 105–33, § 5563(b), inserted before period at end “or the unremarried surviving spouse of an individual described in clause (i) or (ii) who is deceased if the marriage fulfills the requirements of section 1304 of title 38”.

Subsec. (a)(2)(D)(i)(I). Pub. L. 105–33, § 5301(c)(1), substituted “September 30, 1998,” for “September 30, 1997,”.

Pub. L. 105–18, § 6005(a)(1), substituted “September 30, 1997” for “the date which is 1 year after August 22, 1996”.

Subsec. (a)(2)(D)(i)(III). Pub. L. 105–33, § 5301(c)(2), substituted “September 30, 1998” for “September 30, 1997,”.

Pub. L. 105–18, § 6005(a)(2), substituted “September 30, 1997,” for “the date of the redetermination with respect to such individual”.

Subsec. (a)(2)(E). Pub. L. 105–33, § 5301(a), added subpar. (E).

Subsec. (a)(2)(F). Pub. L. 105–33, § 5301(b), added subpar. (F).

Subsec. (a)(2)(G). Pub. L. 105–33, § 5303(a), added subpar. (G).

Subsec. (a)(2)(H). Pub. L. 105–33, § 5304, added subpar. (H).

Subsec. (b)(2)(A). Pub. L. 105–33, § 5302(b), amended heading and text of subpar. (A) generally. Prior to amendment, text read as follows:

“(i) An alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act until 5 years after the date of an alien’s entry into the United States.

“(ii) An alien who is granted asylum under section 208 of such Act until 5 years after the date of such grant of asylum.

“(iii) An alien whose deportation is being withheld under section 243(h) of such Act until 5 years after such withholding.”

Subsec. (b)(2)(A)(i)(III). Pub. L. 105–33, § 5562, substituted “section 243(h) of such Act (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 (as amended by section 305(a) of division C of Public Law 104–208)” for “section 243(h) of such Act”.

Subsec. (b)(2)(A)(i)(V). Pub. L. 105–33, § 5306(b)(1), added subcl. (V).

Subsec. (b)(2)(A)(ii)(III). Pub. L. 105–33, § 5562, substituted “section 243(h) of such Act (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 (as amended by section 305(a) of division C of Public Law 104–208)” for “section 243(h) of such Act”.

Subsec. (b)(2)(A)(ii)(V). Pub. L. 105–33, § 5306(b)(2), added subcl. (V).

Subsec. (b)(2)(C)(i). Pub. L. 105–33, § 5563(c), inserted “, 1101, or 1301, or as described in section 107” after “section 101”.

Pub. L. 105–33, § 5563(a), inserted “and who fulfills the minimum active-duty service requirements of section 5303A(d) of title 38” after “alienage”.

Subsec. (b)(2)(C)(iii). Pub. L. 105–33, § 5563(b), inserted before period at end “or the unremarried surviving spouse of an individual described in clause (i) or (ii) who is deceased if the marriage fulfills the requirements of section 1304 of title 38”.

Subsec. (b)(2)(E). Pub. L. 105–33, § 5303(b), added subpar. (E).

Subsec. (b)(2)(F). Pub. L. 105–33, § 5305(b), added subpar. (F).

1996—Subsec. (a)(2)(D)(ii)(I). Pub. L. 104–208 amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: “With respect to the specified Federal program described in paragraph (3)(B), during the period beginning on August 22, 1996, and ending on the date which is 1 year after August 22, 1996, the State agency shall, at the time of the recertification, recertify the eligibility of any individual who is receiving benefits under such program as of August 22, 1996, and whose eligibility for such benefits may terminate by reason of the provisions of this subsection.”

Statutory Notes and Related Subsidiaries
Change of Name

References to the food stamp program established under the Food and Nutrition Act of 2008, formerly known as the Food Stamp Act of 1977, considered to refer to the supplemental nutrition assistance program established under that Act, see section 4002(c) of Pub. L. 110–246, set out as a note under section 2012 of Title 7, Agriculture.

Effective Date of 2020 Amendment

Pub. L. 116–260, div. CC, title II, § 208(e), Dec. 27, 2020, 134 Stat. 2986, provided that: “The amendments made by this section [amending this section and sections 1613 and 1641 of this title and section 1308 of Title 42, The Public Health and Welfare] shall apply to benefits for items and services furnished on or after the date of the enactment of this Act [Dec. 27, 2020].”

Effective Date of 2008 Amendment

Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as otherwise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture.

Amendment by section 4115(c)(2)(D) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress.

Effective Date of 2002 Amendment

Amendment by section 4401(a) of Pub. L. 107–171 effective Oct. 1, 2002, except as otherwise provided, see section 4405 of Pub. L. 107–171, set out as an Effective Date note under section 1161 of Title 2, The Congress.

Amendment by section 4401(b)(1) of Pub. L. 107–171 effective Oct. 1, 2003, see section 4401(b)(3) of Pub. L. 107–171, set out as a note under section 2014 of Title 7, Agriculture.

Pub. L. 107–171, title IV, § 4401(c)(2), May 13, 2002, 116 Stat. 334, provided that: “The amendment made by paragraph (1) [amending this section] takes effect on April 1, 2003.”

Effective Date of 1998 Amendment

Pub. L. 105–185, title V, § 510(b), June 23, 1998, 112 Stat. 580, provided that: “The amendments made by sections 503 through 509 [amending this section and section 1613 of this title] take effect on November 1, 1998.”

Effective Date of 1997 Amendments

Pub. L. 105–33, title V, § 5308, Aug. 5, 1997, 111 Stat. 603, provided that: “Except as otherwise provided, the amendments made by this subtitle [subtitle D (§§ 5301–5308) of title V of Pub. L. 105–33, enacting sections 1625 and 1646 of this title and amending this section and sections 1613, 1622, and 1641 of this title] shall be effective as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 [Pub. L. 104–193].”

Amendment by sections 5562 and 5563 of Pub. L. 105–33 effective as if included in the enactment of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193, see section 5582 of Pub. L. 105–33, set out as a note under section 1367 of this title.

Pub. L. 105–18, title II, § 6005(b), June 12, 1997, 111 Stat. 191, provided that: “The amendment made by subsection (a) [amending this section] shall be effective as if included in the enactment of section 402 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 [this section].”

Effective Date of 1996 Amendment

Pub. L. 104–208, div. C, title V, § 510, Sept. 30, 1996, 110 Stat. 3009–673, provided that the amendment made by section 510 is effective as if included in the enactment of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, Pub. L. 104–193.