§1004 — Title 42 The Public Health and Welfare | U.S. Code

Summary

Even if section 1002 would allow it, a person cannot be a qualified individual for any month in four situations. First, after the month when the Attorney General tells the Social Security Commissioner that the person was removed under section 1227(a) or 1182(a)(6)(A) of title 8, and until the person is lawfully admitted for permanent residence. Second, any month the person is fleeing to avoid prosecution, custody, or confinement for a crime that is a felony where they fled, or a crime punishable by death or exceeding 1 year. Third, any month the person breaks a probation or parole condition under Federal or State law. Fourth, any month the person lives in another country, is not a U.S. citizen or national, and Treasury withholds payments for people in that country under section 3329 of title 31. For the first situation, the Attorney General must notify the Commissioner of Social Security as soon as practicable after the removal under section 1227(a) or 1182(a)(6)(A) of title 8.

Title 42, §1004

The Public Health and Welfare — Source: USLM XML via OLRC

(a)Notwithstanding section 1002 of this title, an individual may not be a qualified individual for any month—

(1)that begins after the month in which the Commissioner of Social Security is notified by the Attorney General that the individual has been removed from the United States pursuant to section 1227(a) or 1182(a)(6)(A) of title 8 and before the month in which the individual is lawfully admitted to the United States for permanent residence;

(2)during any part of which the individual is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the United States or the jurisdiction within the United States from which the person has fled, for a crime, or an attempt to commit a crime, that is a felony under the laws of the place from which the individual has fled, or, in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed;

(3)during any part of which the individual violates a condition of probation or parole imposed under Federal or State law; or

(4)during which the individual resides in a foreign country and is not a citizen or national of the United States if payments for such month to individuals residing in such country are withheld by the Treasury Department under section 3329 of title 31.

(b)For the purpose of carrying out subsection (a)(1), the Attorney General shall notify the Commissioner of Social Security as soon as practicable after the removal of any individual under section 1227(a) or 1182(a)(6)(A) of title 8.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

For

Prior Provisions

, see note set out under section 1001 of this title.

Amendments

2004—Subsec. (a)(2). Pub. L. 108–203 substituted “or, in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed” for “or which, in the case of the State of New Jersey, is a high misdemeanor under the laws of such State”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2004 AmendmentAmendment by Pub. L. 108–203 effective on the first day of the first month that begins on or after the date that is 9 months after Mar. 2, 2004, see section 203(d) of Pub. L. 108–203, set out as a note under section 402 of this title.

§1004 Disqualifications

Summary

Title 42, §1004

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

Prior Provisions

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Citations & Metadata