Source
(Pub. L. 104–193, title IV, § 412, Aug. 22, 1996, 110 Stat. 2269; Pub. L. 105–33, title V, §§ 5302(c)(2),
5306
(d),
5562,
5563,
5581
(b)(3), Aug. 5, 1997, 111 Stat. 599, 602, 638, 643.)
References in Text
The Immigration and Nationality Act, referred to in subsecs. (a) and (b)(2)(A), is act June 27, 1952, ch. 477,
66 Stat. 163, as amended, 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.
Section 243 of such Act, referred to in subsec. (b)(1)(C), is 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 subsec. (b)(1)(D), is section 501(e) of
Pub. L. 96–422, as amended, which is set out in a note under section
1522 of this title.
Section
1612
(a)(2)(A)(i)(V) of this title, referred to in subsec. (b)(1)(E), 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.
The Social Security Act, referred to in subsec. (b)(2)(B)(i), is act Aug. 14, 1935, ch. 531,
49 Stat. 620, as amended. Title II of the Act is classified generally to subchapter II (§ 401 et seq.) of chapter
7 of Title
42, The Public Health and Welfare. For complete classification of this Act to the Code, see section
1305 of Title
42 and Tables.
Amendments
1997—Subsec. (b)(1)(C).
Pub. L. 105–33, § 5581(b)(3), substituted “withholding” for “with-holding”.
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)(1)(D).
Pub. L. 105–33, § 5302(c)(2), added subpar. (D).
Subsec. (b)(1)(E).
Pub. L. 105–33, § 5306(d), added subpar. (E).
Subsec. (b)(3)(A).
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)(3)(C).
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”.
Effective Date of 1997 Amendment
Amendment by sections 5302(c)(2) and 5306(d) of
Pub. L. 105–33 effective, except as otherwise provided, 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 5308 of
Pub. L. 105–33, set out as a note under section
1612 of this title.
Amendment by sections 5562, 5563, and 5581(b)(3) 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.