42 U.S.C. § 1004 — Disqualifications

(a) In general. Despite section 1002, an individual is not a qualified individual for a month: (1) beginning after the month in which the Attorney General tells the Commissioner of Social Security that the individual was removed from the United States under section 1227(a) or 1182(a)(6)(A) of title 8, and ending before the month in which the individual is lawfully admitted for permanent residence; (2) during any part of which the individual is fleeing to avoid prosecution, or custody or confinement after conviction, under United States law or the law of the United States jurisdiction from which the person fled, for a crime or attempted crime that is a felony there, or, where the jurisdiction does not use the term felony, is punishable by death or more than 1 year in prison regardless of the sentence imposed; (3) during any part of which the individual violates federally or State-imposed probation or parole; or (4) during which the individual lives in a foreign country, is not a United States citizen or national, and the Treasury Department withholds payments to people living there under section 3329 of title 31. (b) Requirement for Attorney General. To carry out subsection (a)(1), the Attorney General must notify the Commissioner as soon as practicable after removing an individual under the cited provisions of title 8.