Exceptions

Qualified aliens under this paragraph shall be eligible for any designated Federal program.

(A) Time-limited exception for refugees and asylees (i) Medicaid With respect to the designated Federal program described in paragraph (3)(C), paragraph (1) shall not apply to an alien until 7 years after the date— (I) an alien is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [ 8 U.S.C. 1157 ]; (II) an alien is granted asylum under section 208 of such Act [ 8 U.S.C. 1158 ]; (III) an alien’s deportation is 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 ); (IV) an alien is granted status as a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); or (V) an alien 3 3 So in original. Probably should be “alien is”. admitted to the United States as an Amerasian immigrant as described in subsection (a)(2)(A)(i)(V) 1 until 5 years after the date of such alien’s entry into the United States. (ii) Other designated Federal programs With respect to the designated Federal programs under paragraph (3) (other than subparagraph (C)), paragraph (1) shall not apply to an alien until 5 years after the date— (I) an alien is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [ 8 U.S.C. 1157 ]; (II) an alien is granted asylum under section 208 of such Act [ 8 U.S.C. 1158 ]; (III) an alien’s deportation is 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 ); (IV) an alien is granted status as a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); or (V) an alien 3 admitted to the United States as an Amerasian immigrant as described in subsection (a)(2)(A)(i)(V) 1 until 5 years after the date of such alien’s entry into the United States.

(B) Certain permanent resident aliens An alien who— (i) is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act [ 8 U.S.C. 1101 et seq.]; and (ii) (I) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act [ 42 U.S.C. 401 et seq.] or can be credited with such qualifying quarters as provided under section 1645 of this title , and (II) in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996 , did not receive any Federal means-tested public benefit (as provided under section 1613 of this title ) during any such period.

(C) Veteran and active duty exception An alien who is lawfully residing in any State and is— (i) a veteran (as defined in section 101, 1101, or 1301, or as described in section 107 of title 38 ) with a discharge characterized as an honorable discharge and not on account of alienage and who fulfills the minimum active-duty service requirements of section 5303A(d) of title 38 , (ii) on active duty (other than active duty for training) in the Armed Forces of the United States, or (iii) the spouse or unmarried dependent child of an individual described in clause (i) or (ii) 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 .

(D) Transition for those currently receiving benefits An alien who on August 22, 1996 , is lawfully residing in any State and is receiving benefits under such program on August 22, 1996 , shall continue to be eligible to receive such benefits until January 1, 1997 .

(E) Medicaid exception for certain Indians With respect to eligibility for benefits for the program defined in paragraph (3)(C) (relating to the medicaid program), section 1611(a) of this title and paragraph (1) shall not apply to any individual described in subsection (a)(2)(G).

(F) Medicaid exception for aliens receiving SSI An alien who is receiving benefits under the program defined in subsection (a)(3)(A) (relating to the supplemental security income program) shall be eligible for medical assistance under a State plan under title XIX of the Social Security Act ( 42 U.S.C. 1396 et seq.) under the same terms and conditions that apply to other recipients of benefits under the program defined in such subsection.

(G) Exception for citizens of freely associated states