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Title 8Chapter ISubchapter BPart 245aSubpart A → §245a.5

Title 8: Aliens and Nationality
Subpart A—Immigration Reform and Control Act of 1986 (IRCA) Legalization Provisions

§245a.5   Temporary disqualification of certain newly legalized aliens from receiving benefits from programs of financial assistance furnished under federal law.

(a) Except as provided in §245a.5(b), any alien who has obtained the status of an alien lawfully admitted for temporary residence pursuant to section 245A of the Act (Adjustment of Status of Certain Entrants Before January 1, 1982, to that of Person Admitted for Lawful Residence) or 210A of the Act (Determinations of Agricultural Labor Shortages and Admission of Additional Special Agricultural Workers) is ineligible, for a period of five years from the date such status was obtained, for benefits financed directly or indirectly, in whole or in part, through the programs identified in §245a.5(c) of this chapter.

(b)(1) Section 245a.5(a) shall not apply to a Cuban or Haitian entrant (as defined in paragraph (1) or (2)(A) of section 501(e) of Public Law 96-422, as in effect on April 1, 1983), or in the case of assistance (other than aid to families with dependent children) which is furnished to an alien who is an aged, blind, or disabled individual (as defined in section 1614(a)(1) of the Social Security Act).

(2) With respect to any alien who has obtained the status of an alien lawfully admitted for temporary residence pursuant to section 210A of the Act only, assistance furnished under the Legal Services Corporation Act (42 U.S.C. 2996, et seq.) or title V of the Housing Act of 1949 (42 U.S.C. l471 et seq.) shall not be construed to be financial assistance referred to in §245a.5(a).

(3) Section 245a.5(a) shall not apply to benefits financed through the programs identified in §245a.5(c), which are marked with an asterisk (*), except to the extent that such benefits:

(i) Consist of, or are financed by, financial assistance in the form of grants, wages, loan, loan guarantees, or otherwise, which is furnished by the Federal Government directly, or indirectly through a State or local government or a private entity, to eligible individuals or to private suppliers of goods or services to such individuals, or is furnished to a State or local government that provides to such individuals goods or services of a kind that is offered by private suppliers, and

(ii) Are targeted to individuals in financial need; either (A) in order to be eligible, individuals must establish that their income or wealth is below some maximum level, or, with respect to certain loan or loan guarantee programs, that they are unable to obtain financing from alternative sources, or at prevailing interest rates, or at rates that would permit the achievement of program goals, or (B) distribution of assistance is directed, geographically or otherwise, in a way that is intended to primarily benefit persons in financial need, as evidenced by references to such intent in the authorizing legislation.

(c) The programs of Federal financial assistance referred to in §245a.5(a) are those identified in the list set forth below. The General Services Administration (GSA) Program Numbers set forth in the right column of the program list refer to the program identification numbers used in the Catalog of Federal Domestic Assistance, published by the United States General Services Administration, as updated through December, 1986.

   GSA Program Numbers
Department of Agriculture:
Farm Operating Loans10.406
Farm Ownership Loans10.407
Department of Health and Human Services:
Assistance Payments—Maintenance Assistance (Maintenance Assistance; Emergency Assistance; State Aid; Aid to Families with Dependent Children)13.780
Low-Income Home Energy Assistance13.789
*Community Services Block Grant13.792
*Community Services Block Grant—Discretionary Awards13.793
Department of Housing and Urban Development:
Mortgage Insurance—Housing in Older, Declining Areas (223(e))14.123
Mortgage Insurance—Special Credit Risks (237)14.140
*Community Development Block Grants/Entitlement Grants14.218
*Community Development Block Grants/Small Cities Program (Small Cities)14.219
Section 312 Rehabilitation Loans (312)14.220
*Urban development action grants14.221
*Community Development Block Grants/State's Program14.228
Section 221(d)(3) Mortgage Insurance for Multifamily Rental Housing for Low and Moderate Income Families (Below Market Interest Rate)14.136
Department of Labor:
Senior Community Service Employment Program (SCSEP)17.235
Office of Personnel Management:
Federal Employment for Disadvantaged Youth—Part-Time (Stay-in-School Program)27.003
Federal Employment for Disadvantaged Youth—Summer (Summer Aides)27.004
Small Business Administration:
Small Business Loans (7(a) Loans)59.012
Department of Energy:
Weatherization Assistance for Low-Income Persons81.042
Department of Education:
Patricia Roberts Harris Fellowships (Graduate and Professional Study; Graduate and Professional Study Opportunity Fellowships; Public Service Education Fellowships)84.094
Legal Training for the Disadvantaged (The American Bar Association Fund for Public Education)84.136
Allen J. Ellender Fellowship Program (Ellender Fellowship)84.148
Legal Services Corporation:
Payments to Legal Services Corporation

[54 FR 29437, July 12, 1989, as amended at 54 FR 49964, Dec. 4, 1989]

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