{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/63.2-503.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/63.2-503.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/63.2-503.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/63.2-503.1.html"}],"law_id":85810,"edition_id":1,"section_id":85810,"structure_id":14573,"section_number":"63.2-503.1","catch_line":"Legal presence required for public assistance; exceptions; proof of legal presence","history":"2005, cc. 867, 876.","full_text":"A\n\nIn addition to meeting the existing eligibility requirements of the benefits applied for, no person who is not a United States Citizen or legally present in the United States shall receive state or local public assistance pursuant to this subtitle, except for state or local public assistance that is mandated by Federal Law pursuant to 8 U.S.C. § 1621.B\n\nIn addition to providing proof of other eligibility requirements, at the time of application for any state or local public benefit, an applicant who is 19 years of age or older shall provide affirmative proof that he is a U.S. citizen or is legally present in the United States. Such affirmative proof shall consist of documentary evidence as required pursuant to \u00a7 46.2-328.1 or a social security number as verified by the Social Security Administration. An applicant who is under the age of 19 years shall not be required to provide such affirmative proof; however, such person upon reaching the age of 19 years shall comply with the provisions of this section.\n\t\t\tAn applicant who cannot provide proof that he is a citizen or legally present at the time of application shall sign an affidavit under oath attesting that he is a U.S. citizen or legally present in the United States in order to receive temporary benefits as provided in this section. The affidavit shall be on or consistent with forms prepared by the Commissioner, and shall be subject to and include an explanation of the provisions of \u00a7 63.2-502 relating to penalties for knowingly providing false information on a public document. The agency shall report in writing to the appropriate attorney for the Commonwealth those who are determined to have falsely attested to lawful presence.\n\t\t\tOnce an applicant has provided the sworn affidavit required by this subsection, he shall be eligible to receive temporary benefits for either:1\n\nNinety days or until such time that it is determined that he is not legally present in the United States, whichever is earlier, or2\n\nIndefinitely if the applicant provides a copy of a completed application for a birth certificate that has been filed and is pending and being actively pursued in accordance with § 32.1-259 or 32.1-260 or any substantially similar law of another state, the District of Columbia, or United States territory or commonwealth. Such extension shall terminate upon the applicant’s receipt of a birth certificate or a determination that a birth certificate does not exist because the applicant is not a United States citizen.C\n\nThe provisions of subsection B shall not apply to persons applying for benefits exempted by subsection A of this section and subsection A of § 32.1-325.03.","order_by":null,"text":{"0":{"id":307301,"text":"In addition to meeting the existing eligibility requirements of the benefits applied for, no person who is not a United States Citizen or legally present in the United States shall receive state or local public assistance pursuant to this subtitle, except for state or local public assistance that is mandated by Federal Law pursuant to 8 U.S.C. § 1621.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":307302,"text":"In addition to providing proof of other eligibility requirements, at the time of application for any state or local public benefit, an applicant who is 19 years of age or older shall provide affirmative proof that he is a U.S. citizen or is legally present in the United States. Such affirmative proof shall consist of documentary evidence as required pursuant to \u00a7 46.2-328.1 or a social security number as verified by the Social Security Administration. An applicant who is under the age of 19 years shall not be required to provide such affirmative proof; however, such person upon reaching the age of 19 years shall comply with the provisions of this section.\n\t\t\tAn applicant who cannot provide proof that he is a citizen or legally present at the time of application shall sign an affidavit under oath attesting that he is a U.S. citizen or legally present in the United States in order to receive temporary benefits as provided in this section. The affidavit shall be on or consistent with forms prepared by the Commissioner, and shall be subject to and include an explanation of the provisions of \u00a7 63.2-502 relating to penalties for knowingly providing false information on a public document. The agency shall report in writing to the appropriate attorney for the Commonwealth those who are determined to have falsely attested to lawful presence.\n\t\t\tOnce an applicant has provided the sworn affidavit required by this subsection, he shall be eligible to receive temporary benefits for either:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":307303,"text":"Ninety days or until such time that it is determined that he is not legally present in the United States, whichever is earlier, or","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":307304,"text":"Indefinitely if the applicant provides a copy of a completed application for a birth certificate that has been filed and is pending and being actively pursued in accordance with § 32.1-259 or 32.1-260 or any substantially similar law of another state, the District of Columbia, or United States territory or commonwealth. Such extension shall terminate upon the applicant’s receipt of a birth certificate or a determination that a birth certificate does not exist because the applicant is not a United States citizen.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":307305,"text":"The provisions of subsection B shall not apply to persons applying for benefits exempted by subsection A of this section and subsection A of § 32.1-325.03.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2"}},"ancestry":[{"id":14573,"edition_id":1,"name":"General Provisions","identifier":"5","label":"chapter","depth":3,"order_by":1,"parent_id":14331,"metadata":{},"date_created":"2026-06-26 03:48:43","date_modified":"2026-06-26 03:48:43","permalink":{"id":271057,"object_type":"structure","relational_id":14573,"identifier":"5","token":"63.2\/II\/5","url":"\/63.2\/II\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14331,"edition_id":1,"name":"Public Assistance","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12789,"metadata":{},"date_created":"2026-06-26 03:47:46","date_modified":"2026-06-26 03:47:46","permalink":{"id":271055,"object_type":"structure","relational_id":14331,"identifier":"II","token":"63.2\/II","url":"\/63.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12789,"edition_id":1,"name":"Welfare (Social Services)","identifier":"63.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":270661,"object_type":"structure","relational_id":12789,"identifier":"63.2","token":"63.2","url":"\/63.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":57625,"structure_id":14573,"section_number":"63.2-500","catch_line":"Definitions","url":"\/63.2-500\/","token":"63.2\/II\/5\/63.2-500","metadata":false},{"id":75440,"structure_id":14573,"section_number":"63.2-501","catch_line":"Application for assistance","url":"\/63.2-501\/","token":"63.2\/II\/5\/63.2-501","metadata":false},{"id":83249,"structure_id":14573,"section_number":"63.2-501.1","catch_line":"Application for public assistance; accurate contact information; authorized disclosures","url":"\/63.2-501.1\/","token":"63.2\/II\/5\/63.2-501.1","metadata":false},{"id":69115,"structure_id":14573,"section_number":"63.2-502","catch_line":"False application or false swearing; penalty","url":"\/63.2-502\/","token":"63.2\/II\/5\/63.2-502","metadata":false},{"id":78403,"structure_id":14573,"section_number":"63.2-503","catch_line":"Procedure upon receipt of application","url":"\/63.2-503\/","token":"63.2\/II\/5\/63.2-503","metadata":false},{"id":85810,"structure_id":14573,"section_number":"63.2-503.1","catch_line":"Legal presence required for public assistance; exceptions; proof of legal presence","url":"\/63.2-503.1\/","token":"63.2\/II\/5\/63.2-503.1","metadata":false},{"id":72401,"structure_id":14573,"section_number":"63.2-504","catch_line":"Decision of local department that applicant entitled to public assistance","url":"\/63.2-504\/","token":"63.2\/II\/5\/63.2-504","metadata":false},{"id":56053,"structure_id":14573,"section_number":"63.2-505","catch_line":"Determining the amount of public assistance","url":"\/63.2-505\/","token":"63.2\/II\/5\/63.2-505","metadata":false},{"id":61829,"structure_id":14573,"section_number":"63.2-505.1","catch_line":"Transitional food stamp benefits","url":"\/63.2-505.1\/","token":"63.2\/II\/5\/63.2-505.1","metadata":false},{"id":82597,"structure_id":14573,"section_number":"63.2-505.2","catch_line":"Eligibility for food stamps; drug-related felonies","url":"\/63.2-505.2\/","token":"63.2\/II\/5\/63.2-505.2","metadata":false},{"id":81461,"structure_id":14573,"section_number":"63.2-506","catch_line":"Public assistance not transferable or subject to execution","url":"\/63.2-506\/","token":"63.2\/II\/5\/63.2-506","metadata":false},{"id":68468,"structure_id":14573,"section_number":"63.2-507","catch_line":"Personal representatives for recipients of public assistance funds","url":"\/63.2-507\/","token":"63.2\/II\/5\/63.2-507","metadata":false},{"id":68477,"structure_id":14573,"section_number":"63.2-508","catch_line":"Fees for representing applicant or recipient","url":"\/63.2-508\/","token":"63.2\/II\/5\/63.2-508","metadata":false},{"id":81049,"structure_id":14573,"section_number":"63.2-509","catch_line":"Public assistance subject to amendment or repeal of laws","url":"\/63.2-509\/","token":"63.2\/II\/5\/63.2-509","metadata":false},{"id":77010,"structure_id":14573,"section_number":"63.2-510","catch_line":"Obligation of person to support certain children living in same home; penalty","url":"\/63.2-510\/","token":"63.2\/II\/5\/63.2-510","metadata":false},{"id":66353,"structure_id":14573,"section_number":"63.2-511","catch_line":"Repealed","url":"\/63.2-511\/","token":"63.2\/II\/5\/63.2-511","metadata":false},{"id":67528,"structure_id":14573,"section_number":"63.2-512","catch_line":"Recovery of public assistance erroneously paid","url":"\/63.2-512\/","token":"63.2\/II\/5\/63.2-512","metadata":false},{"id":70279,"structure_id":14573,"section_number":"63.2-513","catch_line":"Notification of change in circumstances","url":"\/63.2-513\/","token":"63.2\/II\/5\/63.2-513","metadata":false},{"id":83840,"structure_id":14573,"section_number":"63.2-514","catch_line":"Reconsideration or changes in amount of public assistance; cancellation","url":"\/63.2-514\/","token":"63.2\/II\/5\/63.2-514","metadata":false},{"id":61948,"structure_id":14573,"section_number":"63.2-515","catch_line":"Notice to applicant or recipient of decision","url":"\/63.2-515\/","token":"63.2\/II\/5\/63.2-515","metadata":false},{"id":83455,"structure_id":14573,"section_number":"63.2-516","catch_line":"Record of decision","url":"\/63.2-516\/","token":"63.2\/II\/5\/63.2-516","metadata":false},{"id":70973,"structure_id":14573,"section_number":"63.2-517","catch_line":"Right of appeal to Commissioner","url":"\/63.2-517\/","token":"63.2\/II\/5\/63.2-517","metadata":false},{"id":58129,"structure_id":14573,"section_number":"63.2-518","catch_line":"Action by Commissioner on appeal","url":"\/63.2-518\/","token":"63.2\/II\/5\/63.2-518","metadata":false},{"id":76684,"structure_id":14573,"section_number":"63.2-519","catch_line":"Finality of decision of Commissioner","url":"\/63.2-519\/","token":"63.2\/II\/5\/63.2-519","metadata":false},{"id":62945,"structure_id":14573,"section_number":"63.2-520","catch_line":"How public assistance paid","url":"\/63.2-520\/","token":"63.2\/II\/5\/63.2-520","metadata":false},{"id":81950,"structure_id":14573,"section_number":"63.2-521","catch_line":"Change of residence","url":"\/63.2-521\/","token":"63.2\/II\/5\/63.2-521","metadata":false},{"id":58163,"structure_id":14573,"section_number":"63.2-522","catch_line":"False statements, representations, impersonations and fraudulent devices; penalty","url":"\/63.2-522\/","token":"63.2\/II\/5\/63.2-522","metadata":false},{"id":66086,"structure_id":14573,"section_number":"63.2-523","catch_line":"Unauthorized use of food stamps, electronic benefit transfer cards, and energy assistance prohibited; penalties","url":"\/63.2-523\/","token":"63.2\/II\/5\/63.2-523","metadata":false},{"id":76772,"structure_id":14573,"section_number":"63.2-524","catch_line":"Denial of benefits upon finding of fraudulent acts","url":"\/63.2-524\/","token":"63.2\/II\/5\/63.2-524","metadata":false},{"id":61748,"structure_id":14573,"section_number":"63.2-525","catch_line":"Payment by Department for legal services","url":"\/63.2-525\/","token":"63.2\/II\/5\/63.2-525","metadata":false},{"id":77559,"structure_id":14573,"section_number":"63.2-526","catch_line":"Statewide fraud control program","url":"\/63.2-526\/","token":"63.2\/II\/5\/63.2-526","metadata":false},{"id":57585,"structure_id":14573,"section_number":"63.2-527","catch_line":"Notice of earned income tax credit","url":"\/63.2-527\/","token":"63.2\/II\/5\/63.2-527","metadata":false}],"previous_section":{"id":78403,"structure_id":14573,"section_number":"63.2-503","catch_line":"Procedure upon receipt of application","url":"\/63.2-503\/","token":"63.2\/II\/5\/63.2-503","metadata":false},"next_section":{"id":72401,"structure_id":14573,"section_number":"63.2-504","catch_line":"Decision of local department that applicant entitled to public assistance","url":"\/63.2-504\/","token":"63.2\/II\/5\/63.2-504","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/63.2-503.1\/","history_text":"

This law was first created in 2005. The record of its establishment is cataloged in chapters 867<\/a> and 876<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":73332,"section_number":"32.1-325.03","catch_line":"Legal presence required for certain state and local public benefits; exceptions; definitions; proof of legal presence","order_by":null,"url":"\/32.1-325.03\/"}],"refers_to":[{"id":84481,"section_number":"32.1-259","catch_line":"Filing and registration of delayed birth certificates; refusal of registration; notice of right of appeal","order_by":null,"url":"\/32.1-259\/"},{"id":67380,"section_number":"32.1-260","catch_line":"Petition for court order establishing record of birth when delayed certificate rejected; hearing; notice; findings; registration of court order","order_by":null,"url":"\/32.1-260\/"},{"id":73332,"section_number":"32.1-325.03","catch_line":"Legal presence required for certain state and local public benefits; exceptions; definitions; proof of legal presence","order_by":null,"url":"\/32.1-325.03\/"},{"id":55310,"section_number":"46.2-328.1","catch_line":"Licenses, permits, and special identification cards to be issued only to United States citizens, legal permanent resident aliens, or holders of valid unexpired nonimmigrant visas; exceptions; renewal, duplication, or reissuance","order_by":null,"url":"\/46.2-328.1\/"},{"id":69115,"section_number":"63.2-502","catch_line":"False application or false swearing; penalty","order_by":null,"url":"\/63.2-502\/"}],"permalink":{"id":271079,"object_type":"law","relational_id":85810,"identifier":"63.2-503.1","token":"63.2\/II\/5\/63.2-503.1","url":"\/63.2-503.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/63.2-503.1\/","token":"63.2\/II\/5\/63.2-503.1","dublin_core":{"Title":"Legal presence required for public assistance; exceptions; proof of legal presence","Type":"Text","Format":"text\/html","Identifier":"\u00a7 63.2-503.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In addition to meeting the existing eligibility requirements of the benefits applied for, no person who is not a United States Citizen or legally present in the United States shall receive state or local public assistance<\/span> pursuant to this subtitle, except for state or local public assistance<\/span> that is mandated by Federal Law<\/span> pursuant to 8 U.S.C. § 1621. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In addition to providing proof of other eligibility requirements, at the time of application for any state or local public benefit, an applicant who is 19 years of age or older shall provide affirmative proof that he is a U.S. citizen or is legally present in the United States. Such affirmative proof shall consist of documentary evidence<\/span> as required pursuant to \u00a7 46.2-328.1<\/a> or a social security number as verified by the Social Security Administration. An applicant who is under the age of 19 years shall not be required to provide such affirmative proof; however, such person upon reaching the age of 19 years shall comply with the provisions of this section.\n\t\t\tAn applicant who cannot provide proof that he is a citizen or legally present at the time of application shall sign an affidavit<\/span> under oath<\/span> attesting that he is a U.S. citizen or legally present in the United States in order<\/span> to receive temporary benefits as provided in this section. The affidavit<\/span> shall be on or consistent with forms prepared by the Commissioner<\/span>, and shall be subject to and include an explanation of the provisions of \u00a7 63.2-502<\/a> relating to penalties for knowingly providing false information on a public document. The agency shall report in writing to the appropriate attorney for the Commonwealth those who are determined to have falsely attested to lawful presence.\n\t\t\tOnce an applicant has provided the sworn affidavit<\/span> required by this subsection, he shall be eligible to receive temporary benefits for either: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Ninety days or until such time that it is determined that he is not legally present in the United States, whichever is earlier, or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Indefinitely if the applicant provides a copy of a completed application for a birth certificate that has been filed and is pending and being actively pursued in accordance with § 32.1-259<\/a> or 32.1-260<\/a> or any substantially similar law<\/span> of another state, the District of Columbia, or United States territory or commonwealth. Such extension shall terminate upon the applicant’s receipt of a birth certificate or a determination that a birth certificate does not exist because the applicant is not a United States citizen. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The provisions of subsection B shall not apply to persons applying for benefits exempted by subsection A of this section and subsection A of § 32.1-325.03<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLEGAL PRESENCE REQUIRED FOR PUBLIC ASSISTANCE; EXCEPTIONS; PROOF OF LEGAL\nPRESENCE (\u00a7 63.2-503.1)\n\nA. In addition to meeting the existing eligibility requirements of the benefits\napplied for, no person who is not a United States Citizen or legally present in\nthe United States shall receive state or local public assistance pursuant to\nthis subtitle, except for state or local public assistance that is mandated by\nFederal Law pursuant to 8 U.S.C. § 1621.\n\nB. In addition to providing proof of other eligibility requirements, at the time\nof application for any state or local public benefit, an applicant who is 19\nyears of age or older shall provide affirmative proof that he is a U.S. citizen\nor is legally present in the United States. Such affirmative proof shall consist\nof documentary evidence as required pursuant to \u00a7 46.2-328.1 or a social\nsecurity number as verified by the Social Security Administration. An applicant\nwho is under the age of 19 years shall not be required to provide such\naffirmative proof; however, such person upon reaching the age of 19 years shall\ncomply with the provisions of this section.\n\t\t\tAn applicant who cannot provide proof that he is a citizen or legally present\nat the time of application shall sign an affidavit under oath attesting that he\nis a U.S. citizen or legally present in the United States in order to receive\ntemporary benefits as provided in this section. The affidavit shall be on or\nconsistent with forms prepared by the Commissioner, and shall be subject to and\ninclude an explanation of the provisions of \u00a7 63.2-502 relating to penalties\nfor knowingly providing false information on a public document. The agency shall\nreport in writing to the appropriate attorney for the Commonwealth those who are\ndetermined to have falsely attested to lawful presence.\n\t\t\tOnce an applicant has provided the sworn affidavit required by this\nsubsection, he shall be eligible to receive temporary benefits for either:\n\n 1. Ninety days or until such time that it is determined that he is not legally\n present in the United States, whichever is earlier, or\n\n 2. Indefinitely if the applicant provides a copy of a completed application\n for a birth certificate that has been filed and is pending and being actively\n pursued in accordance with § 32.1-259 or 32.1-260 or any substantially\n similar law of another state, the District of Columbia, or United States\n territory or commonwealth. Such extension shall terminate upon the\n applicant’s receipt of a birth certificate or a determination that a\n birth certificate does not exist because the applicant is not a United States\n citizen.\n\nC. The provisions of subsection B shall not apply to persons applying for\nbenefits exempted by subsection A of this section and subsection A of §\n32.1-325.03.\n\nHISTORY: 2005, cc. 867, 876.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}