Amends title XVI (Supplemental Security Income for the Aged, Blind, and Disabled) of the Social Security Act to require that aged, blind, or disabled aliens, as defined in title XVI, must have resided in the United States during the three years immediately preceding such aliens' application for benefits under title XVI. Exempts from the three-year requirement those aliens: (1) who are political refugees or parolees into this country; (2) with respect to whom the support agreement under the Immigration and Nationality Act is excused; and (3) certain blind or disabled individuals. Stipulates that such three-year requirement shall apply only to aliens applying for supplemental security income benefits under title XVI.
Amends the Immigration and Nationality Act to stipulate that no immigrant shall be admitted into the United States unless: (1) at the time of application for admission a support agreement exists which states that the immigration sponsor shall provide such financial support as is necessary to maintain the immigrants' income at a dollar amount equal to the dollar amount such immigrant would receive under Title XVI of the Social Security Act, if such immigrant is aged, blind, or disabled as defined in title XVI, during the three-year period beginning on the date of admission of the immigrant; (2) such immigrant presents evidence of other means to provide the required support; or (3) such immigrant is designated as a parolee or political refugee without available means of private support.
Authorizes the Attorney General, the immigrant, or any State which is making payments to such immigrant under any program based on need, to enforce such agreements in a civil action.
Declares a support agreement excused and unenforceable if: (1) the sponsor dies or is adjudicated as bankrupt; (2) the alien becomes blind or disabled from causes arising after admission to the U.S.; (3) the sponsor can affirmatively demonstrate that his or her financial resources have diminished beyond the sponsor's control and that the sponsor is financially incapable of supporting the alien; or (4) judgment cannot be obtained in court because of circumstances unforeseeable to the alien at the time of admission.
Introduced in Senate
Referred to Senate Committee on Finance.
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