Page:United States Statutes at Large Volume 122.djvu/3591

 12 2 STA T .3568PUBLIC LA W 11 0– 328 — S E PT. 30 , 2008 of20 00 (PublicLaw1 0 6–38 6 ) o r a sg ra nted status under section 101(a)(1 5 )( T )(ii) of t h e Im migration and N ationalit yA ct) rendered ineligible for the s p ecified F ederal program described in paragraph (3)(A) during the period beginning on August 22, 1 9 96, and ending on S eptember 30, 2008, solely by reason of the termination of the 7- year period described in subparagraph (A) shall be eligible for such program for an additional 2-year period in accordance with this clause, if such q ualified alien or v ictim of traffic k ing meets all other eligibility factors under title XV I of the Social Security Act, furnishes to the C ommissioner of Social Security the declaration required under subclause (IV) (if applicable), and is described in subclause (III) .‘ ‘(III) A LIENSA N DV I CT I M S DESC R I B ED. — For purposes of subclauses (I) and (II), a qualified alien or victim of trafficking described in this subclause is an alien or victim who— ‘‘(aa) has been a lawful permanent resi- dent for less than 6 years and such status has not been abandoned, rescinded under sec- tion 2 4 6 of the Immigration and Nationality Act, or terminated through removal pro- ceedings under section 240 of the Immigration and Nationality Act, and the Commissioner of Social Security has verified such status, through procedures established in consultation with the Secretary of H omeland Security ‘‘(bb) has filed an application, within 4 years from the date the alien or victim began receiving supplemental security income bene- fits, to become a lawful permanent resident with the Secretary of Homeland Security, and the Commissioner of Social Security has verified, through procedures established in consultation with such Secretary, that such application is pending; ‘‘(cc) has been granted the status of Cuban and Haitian entrant, as defined in section 501(e) of the R efugee E ducation Assistance Act of 1980 (Public Law 96–422), for purposes of the specified Federal program described in paragraph (3)(A); ‘‘(dd) has had his or her deportation with- held by the Secretary of Homeland Security under section 243(h) of the Immigration and Nationality Act (as in effect immediately before the effective date of section 307 of divi- sion C of Public Law 104–208), or whose removal is withheld under section 241(b)(3) of such Act; ‘‘(ee) has not attained age 18; or ‘‘(ff) has attained age 70. ‘‘(IV) D ECLARATI O NRE QU IRED.— ‘‘(aa) IN G ENERAL.—For purposes of sub- clauses (I) and (II), the declaration required

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