2006 Code of Virginia § 63.2-503.1 - Legal presence required for public assistance; exceptions; proof of legal presence

63.2-503.1. Legal presence required for public assistance; exceptions;proof of legal presence.

A. In addition to meeting the existing eligibility requirements of thebenefits applied for, no person who is not a United States Citizen or legallypresent in the United States shall receive state or local public assistancepursuant to this subtitle, except for state or local public assistance thatis mandated by Federal Law pursuant to 8 U.S.C. 1621.

B. In addition to providing proof of other eligibility requirements, at thetime of application for any state or local public benefit, an applicant whois 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 proofshall consist of documentary evidence as required pursuant to 46.2-328.1 ora social security number as verified by the Social Security Administration.An applicant who is under the age of 19 years shall not be required toprovide such affirmative proof; however, such person upon reaching the age of19 years shall comply with the provisions of this section.

An applicant who cannot provide proof that he is a citizen or legally presentat the time of application shall sign an affidavit under oath attesting thathe is a U.S. citizen or legally present in the United States in order toreceive temporary benefits as provided in this section. The affidavit shallbe on or consistent with forms prepared by the Commissioner, and shall besubject to and include an explanation of the provisions of 63.2-502relating to penalties for knowingly providing false information on a publicdocument. The agency shall report in writing to the appropriate attorney forthe Commonwealth those who are determined to have falsely attested to lawfulpresence.

Once an applicant has provided the sworn affidavit required by thissubsection, he shall be eligible to receive temporary benefits for either:

1. Ninety days or until such time that it is determined that he is notlegally present in the United States, whichever is earlier, or

2. Indefinitely if the applicant provides a copy of a completed applicationfor a birth certificate that has been filed and is pending and being activelypursued in accordance with 32.1-259 or 32.1-260 or any substantiallysimilar law of another state, the District of Columbia, or United Statesterritory or commonwealth. Such extension shall terminate upon theapplicant's receipt of a birth certificate or a determination that a birthcertificate does not exist because the applicant is not a United Statescitizen.

C. The provisions of subsection B shall not apply to persons applying forbenefits exempted by subsection A of this section and subsection A of 32.1-325.03.

(2005, cc. 867, 876.)