                                 CODE OF VIRGINIA

LEGAL PRESENCE REQUIRED FOR PUBLIC ASSISTANCE; EXCEPTIONS; PROOF OF LEGAL
PRESENCE (§ 63.2-503.1)

A. 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. &#xA7; 1621.

B. 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 § 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.
			An 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 § 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.
			Once an applicant has provided the sworn affidavit required by this
subsection, he shall be eligible to receive temporary benefits for either:

   1. Ninety days or until such time that it is determined that he is not legally
   present in the United States, whichever is earlier, or

   2. 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 &#xA7; 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&#8217;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. The provisions of subsection B shall not apply to persons applying for
benefits exempted by subsection A of this section and subsection A of &#xA7;
32.1-325.03.

HISTORY: 2005, cc. 867, 876.