New York Social Services Code § 122

Noncitizens
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§ 122. Noncitizens. 1. Notwithstanding any law to the contrary, no\nperson except a citizen or a noncitizen who has been duly naturalized as\na citizen shall be eligible for additional state payments for aged,\nblind and disabled persons, family assistance, safety net assistance,\nservices funded under title XX of the federal social security act, or\nmedical assistance, subject to the following exceptions:\n  (a) The following persons shall, if otherwise eligible, receive\nbenefits under such programs:\n  (i) a refugee who entered the United States within the previous five\nyears with respect to benefits under the temporary assistance to needy\nfamilies block grant program and the safety net assistance program and\nwithin the previous seven years with respect to medical assistance;\n  (ii) an asylee who was granted asylum within the previous five years\nwith respect to benefits under the temporary assistance to needy\nfamilies block grant program and the safety net assistance program and\nwithin the previous seven years with respect to medical assistance;\n  (iii) a person for whom deportation was withheld within the previous\nfive years with respect to benefits under the temporary assistance to\nneedy families block grant program and the safety net assistance program\nand within the previous seven years with respect to medical assistance;\n  (iv) except as otherwise required by federal law, a person lawfully\nadmitted for permanent residence who has worked for or can be credited\nwith forty qualifying quarters as defined under title II of the federal\nSocial Security Act, exclusive of any quarter after the thirty-first day\nof December, nineteen hundred ninety-six in which such person or such\nperson's parent or spouse received any federal means tested assistance;\n  (v) any noncitizen lawfully residing in the state who is on active\nduty in the armed forces (other than active duty for training) or who\n(1) has received an honorable discharge (and not on account of\nnoncitizen status) from the armed forces, or (2) has a qualifying\ncondition, as defined in section one of the veterans' services law, and\nhas received a discharge other than bad conduct or dishonorable (and not\non account of noncitizen status) from the armed forces, or (3) is a\ndischarged LGBT veteran, as defined in section one of the veterans'\nservices law, and has received a discharge other than bad conduct or\ndishonorable (and not on account of noncitizen status) from the armed\nforces, or the spouse, unremarried surviving spouse or unmarried\ndependent child of any such noncitizen, if such noncitizen, spouse or\ndependent child is a qualified alien as defined in section 431 of the\nfederal personal responsibility and work opportunity reconciliation act\nof 1996 (8 U.S. Code 1641), as amended;\n  (vi) a noncitizen granted status as a Cuban and Haitian entrant as\ndefined in section 501(e) of the federal Refugee Education Act of 1980\nwithin the previous five years with respect to benefits under the\ntemporary assistance to needy families block grant program, and safety\nnet assistance and within the previous seven years with respect to\nmedical assistance; and\n  (vii) a noncitizen admitted to the United States as an Amerasian\nimmigrant as described in section 402(a)(2)(A) of the federal personal\nresponsibility and work opportunity reconciliation act of 1996 within\nthe previous five years with respect to benefits under the temporary\nassistance to needy families block grant program, and safety net\nassistance and within the previous seven years with respect to medical\nassistance.\n  (b) The following persons, not described in paragraph (a) of this\nsubdivision, shall, if otherwise eligible, be eligible for family\nassistance, medical assistance, and safety net assistance:\n  (i) a noncitizen who is a qualified alien as defined in section 431 of\nthe federal personal responsibility and work opportunity reconciliation\nact of 1996 (8 U.S. Code 1641), as

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