(a) An alien is not eligible for benefits unless at the time the covered employment was performed the alien: (1) was admitted to the United States lawfully for permanent residence; (2) lawfully was present in the United States to perform the covered employment; or (3) otherwise was residing permanently in the United States under color of law, including being present in the United States lawfully as a result of the application of § 207, § 208, or § 212(d)(5) of the Immigration and Nationality Act. (b) The Secretary uniformly shall require from each applicant for benefits information that is necessary to determine whether benefits are payable under subsection (a) of this section. (c) If the Secretary otherwise would approve a claim for benefits, a determination to deny benefits because of alien status shall be based on a preponderance of the evidence.
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