Laws: Cases and Codes : U.S. Code : Title 42 : Section 1004


   
U.S. Code as of: 01/19/04
Section 1004. Disqualifications

    (a) In general
      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 which, in the case
      of the State of New Jersey, is a high misdemeanor under the laws
      of such State;
        (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) 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 1227(a) or 1182(a)(6)(A) of title 8.



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