8 U.S.C. § 1641 : US Code - Section 1641: Definitions

Search 8 U.S.C. § 1641 : US Code - Section 1641: Definitions

(a) In general
Except as otherwise provided in this chapter, the terms used in
this chapter have the same meaning given such terms in section
101(a) of the Immigration and Nationality Act [8 U.S.C. 1101(a)].
(b) Qualified alien
For purposes of this chapter, the term "qualified alien" means an
alien who, at the time the alien applies for, receives, or attempts
to receive a Federal public benefit, is - 
(1) an alien who is lawfully admitted for permanent residence
under the Immigration and Nationality Act [8 U.S.C. 1101 et
seq.],
(2) an alien who is granted asylum under section 208 of such
Act [8 U.S.C. 1158],
(3) a refugee who is admitted to the United States under
section 207 of such Act [8 U.S.C. 1157],
(4) an alien who is paroled into the United States under
section 212(d)(5) of such Act [8 U.S.C. 1182(d)(5)] for a period
of at least 1 year,
(5) 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),
(6) an alien who is granted conditional entry pursuant to
section 203(a)(7) of such Act [8 U.S.C. 1153(a)(7)] as in effect
prior to April 1, 1980; (!1) or
(7) an alien who is a Cuban and Haitian entrant (as defined in
section 501(e) of the Refugee Education Assistance Act of 1980).
(c) Treatment of certain battered aliens as qualified aliens
For purposes of this chapter, the term "qualified alien" includes
- 
(1) an alien who - 
(A) has been battered or subjected to extreme cruelty in the
United States by a spouse or a parent, or by a member of the
spouse or parent's family residing in the same household as the
alien and the spouse or parent consented to, or acquiesced in,
such battery or cruelty, but only if (in the opinion of the
agency providing such benefits) there is a substantial
connection between such battery or cruelty and the need for the
benefits to be provided; and
(B) has been approved or has a petition pending which sets
forth a prima facie case for - 
(i) status as a spouse or a child of a United States
citizen pursuant to clause (ii), (iii), or (iv) of section
204(a)(1)(A) of the Immigration and Nationality Act [8 U.S.C.
1154(a)(1)(A)(ii), (iii), (iv)],
(ii) classification pursuant to clause (ii) or (iii) of
section 204(a)(1)(B) of the Act [8 U.S.C. 1154(a)(1)(B)(ii),
(iii)],
(iii) suspension of deportation under section 244(a)(3) of
the Immigration and Nationality Act [8 U.S.C. 1254(a)(3)] (as
in effect before the title III-A effective date in section
309 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996).(!2)
(iv) status as a spouse or child of a United States citizen
pursuant to clause (i) of section 204(a)(1)(A) of such Act [8
U.S.C. 1154(a)(1)(A)(i)], or classification pursuant to
clause (i) of section 204(a)(1)(B) of such Act [8 U.S.C.
1154(a)(1)(B)(i)]; (!3)
(v) cancellation of removal pursuant to section 240A(b)(2)
of such Act [8 U.S.C. 1229b(b)(2)];
(2) an alien - 
(A) whose child has been battered or subjected to extreme
cruelty in the United States by a spouse or a parent of the
alien (without the active participation of the alien in the
battery or cruelty), or by a member of the spouse or parent's
family residing in the same household as the alien and the
spouse or parent consented or acquiesced to such battery or
cruelty, and the alien did not actively participate in such
battery or cruelty, but only if (in the opinion of the agency
providing such benefits) there is a substantial connection
between such battery or cruelty and the need for the benefits
to be provided; and
(B) who meets the requirement of subparagraph (B) of
paragraph (1); or
(3) an alien child who - 
(A) resides in the same household as a parent who has been
battered or subjected to extreme cruelty in the United States
by that parent's spouse or by a member of the spouse's family
residing in the same household as the parent and the spouse
consented or acquiesced to such battery or cruelty, but only if
(in the opinion of the agency providing such benefits) there is
a substantial connection between such battery or cruelty and
the need for the benefits to be provided; and
(B) who meets the requirement of subparagraph (B) of
paragraph (1).
This subsection shall not apply to an alien during any period in
which the individual responsible for such battery or cruelty
resides in the same household or family eligibility unit as the
individual subjected to such battery or cruelty.
After consultation with the Secretaries of Health and Human
Services, Agriculture, and Housing and Urban Development, the
Commissioner of Social Security, and with the heads of such Federal
agencies administering benefits as the Attorney General considers
appropriate, the Attorney General shall issue guidance (in the
Attorney General's sole and unreviewable discretion) for purposes
of this subsection and section 1631(f) of this title, concerning
the meaning of the terms "battery" and "extreme cruelty", and the
standards and methods to be used for determining whether a
substantial connection exists between battery or cruelty suffered
and an individual's need for benefits under a specific Federal,
State, or local program.