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
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
(b) Requirement for Attorney General
For the purpose of carrying out subsection (a)(1) of this section, the Attorney General shall notify the Commissioner of Social Security as soon as practicable after the removal of any individual under section
1182(a)(6)(A) of title
For prior provisions, see note set out under section
1001 of this title.
2004—Subsec. (a)(2). Pub. L. 108–203substituted “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”.
Effective Date of 2004 Amendment
Amendment by Pub. L. 108–203effective 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) ofPub. L. 108–203, set out as a note under section
402 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.