((a)) ** In general** Notwithstanding any other provision of law and except as provided in subsection (b), a State is authorized to determine the eligibility for any State public benefits of an alien who is a qualified alien (as defined in ), a nonimmigrant under the Immigration and Nationality Act [ et seq.], or an alien who is paroled into the United States under section 212(d)(5) of such Act [] for less than one year.section 1641 of this title8 U.S.C. 11018 U.S.C. 1182(d)(5)
((b)) ** Exceptions** Qualified aliens under this subsection shall be eligible for any State public benefits.
((1)) ** Time-limited exception for refugees and asylees**
((A)) An alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [] until 5 years after the date of an alien’s entry into the United States.
((B)) An alien who is granted asylum under section 208 of such Act [] until 5 years after the date of such grant of asylum.
((C)) An alien whose deportation is being withheld under section 243(h) of such Act [] (as in effect immediately before the effective date of section 307 of division C of ) or section 241(b)(3) of such Act [] (as amended by section 305(a) of division C of ) until 5 years after such withholding.
((D)) An alien who is a Cuban and Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980 until 5 years after the alien is granted such status.
((E)) An alien admitted to the United States as an Amerasian immigrant as described in section 1612(a)(2)(A)(i)(V) of this title.
((2)) ** Certain permanent resident aliens** An alien who—
((A)) is lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act [ et seq.]; and
((B))
((i)) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act [ et seq.] or can be credited with such qualifying quarters as provided under , and (ii) in the case of any such qualifying quarter creditable for any period beginning after , did not receive any Federal means-tested public benefit (as provided under ) during any such period.
((3)) ** Veteran and active duty exception** An alien who is lawfully residing in any State and is—
((A)) a veteran (as defined in section 101, 1101, or 1301, or as described in ) with a discharge characterized as an honorable discharge and not on account of alienage and who fulfills the minimum active-duty service requirements of ,
((B)) on active duty (other than active duty for training) in the Armed Forces of the United States, or
((C)) the spouse or unmarried dependent child of an individual described in subparagraph (A) or (B) or the unremarried surviving spouse of an individual described in clause (i) or (ii) who is deceased if the marriage fulfills the requirements of .
((4)) ** Transition for those currently receiving benefits** An alien who on , is lawfully residing in any State and is receiving benefits on , shall continue to be eligible to receive such benefits until .August 22, 19961996-08-22August 22, 19961996-08-22January 1, 19971997-01-01
