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§ 9307. Fees
(a) FEE SCHEDULE.—The Attorney General shall establish a schedule of
fees for applying for an adjustment of status under section 9302 or 9304
of this title. The Attorney General shall provide for an additional fee for
applying for an adjustment of status under section 9304 of this title after
the end of the first year of the 2-year period described in section 9304(a)(1)
of this title.
(b) USE OF FEES.—The Attorney General shall deposit amounts received
under subsection (a) of this section in a separate account. The amounts may
be used, without fiscal year limitation, for expenses related to reviewing ap-
plications filed under section 9302 or 9304 of this title. Capital assets ac-
quired with amounts in the account are available for the general use of the
Immigration and Naturalization Service when the assets are not needed for
activities related to reviewing those applications.
§ 9308. Confidentiality of information
(a) LIMITATION ON ACCESS.—A record of an entity designated under sec-
tion 9303(c) of this title, related to an alien seeking assistance or informa-
tion about filing an application under this chapter, is confidential. The At-
torney General may have access to the record only with the consent of the
alien.
(b) LIMITATIONS ON USE.—The Attorney General—
(1) may use information provided in making an application under
this chapter only—
(A) to make a decision on the application; or
(B) to enforce section 10155 of this title;
(2) may disclose information provided under this chapter in the same
way that census information may be disclosed under section 8 of title
13;
(3) may not make a publication that allows the information provided
by a particular individual to be identified; and
(4) may allow only a sworn officer or employee of the Department
of Justice or of an entity designated under section 9303(c) of this title
(for an application filed with the entity) to examine an application.
§ 9309. Temporary stay of deportation
(a) APPLICATION COULD NOT BE MADE.—If an alien was apprehended
before May 5, 1987, and could have established a prima facie case of eligi-
bility for an adjustment of status under section 9302 of this title, except
that the alien could not apply for the adjustment before May 5, 1987, the
Attorney General shall provide that, unless the alien had an opportunity
after May 4, 1987, and before June 4, 1987, to complete the filing of an
application for an adjustment of status, the alien—
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(1) may not be deported;
(2) may be employed in the United States; and
(3) shall be provided an ‘‘employment authorized’’ endorsement or
other appropriate work permit.
(b) APPLICATION PRESENTED.—If an alien presented a prima facie appli-
cation for adjustment of status under section 9302 of this title after May
4, 1987, and before May 5, 1988, the Attorney General shall provide that,
until a final decision has been made on the application, the alien—
(1) may not be deported;
(2) may be employed in the United States; and
(3) shall be provided an ‘‘employment authorized’’ endorsement or
other appropriate work permit.
§ 9310. Temporary ineligibility to receive certain assistance
(a) PERIOD OF INELIGIBILITY.—(1) Except as provided in paragraphs
(3) and (4) of this subsection and subsection (b) of this section, an alien
who acquires the status of an alien lawfully admitted for temporary resi-
dence under section 9302 of this title is not eligible for the following, during
the 5–year period beginning on the date the alien was granted the status:
(A) financial assistance under the program of aid to families with
dependent children under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.).
(B) any other program of financial assistance—
(i) provided under a law of the United States on a financial-
need basis; and
(ii) identified by the Attorney General in consultation with the
heads of appropriate agencies.
(C) medical assistance under a State plan approved under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.).
(D) assistance under the Food Stamp Act of 1977 (7 U.S.C. 2011
et seq.).
(2) To the extent consistent with this subsection and subsection (b) of
this section, a State or political subdivision of a State may provide that the
alien is not eligible for financial assistance referred to in paragraph (1)(A)
and (B) of this subsection or for medical assistance referred to in paragraph
(1)(C) of this subsection provided under a law of the State or political sub-
division.
(3) Paragraph (1) of this subsection does not apply to—
(A) a Cuban or Haitian entrant (as defined in section 501(e)(1) or
(2)(A) of the Refugee Education Assistance Act of 1980 (Public Law
96–422, 94 Stat. 1810) as in effect on April 1, 1983); or
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(B) assistance (except aid to families with dependent children) pro-
vided an alien who is an aged, blind, or disabled individual (as defined
in section 1614(a)(1) of the Social Security Act (42 U.S.C.
1382c(a)(1)).
(4) Assistance provided under the following laws is not financial assist-
ance referred to in paragraph (1)(B) of this subsection:
(A) title IV of the Higher Education Act of 1965 (20 U.S.C. 1070
et seq. and 42 U.S.C. 2751 et seq.).
(B) the Carl D. Perkins Vocational and Applied Technology Edu-
cation Act (20 U.S.C. 2301 et seq.).
(C) title I of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.).
(D) the Job Training Partnership Act (29 U.S.C. 1501 et seq.).
(E) the Public Health Service Act (42 U.S.C. 201 et seq.).
(F) titles I, X, XIV, and XVI of the Social Security Act (42 U.S.C.
301 et seq., 1201 et seq., 1351 et seq., 1381 et seq.) as in effect with-
out regard to the amendment made by section 301 of the Social Secu-
rity Amendments of 1972 (Public Law 92–603, 86 Stat. 1465).
(G) parts B, D, and E of title IV and titles V, XVI, and XX of the
Social Security Act (42 U.S.C. 620 et seq., 651 et seq., 670 et seq.,
701 et seq., 1381 et seq., 1397 et seq.).
(H) the National School Lunch Act (42 U.S.C. 1751 et seq.).
(I) the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
(J) the Head Start Act (42 U.S.C. 9831 et seq.).
(K) the Follow Through Act (42 U.S.C. 9861 et seq.).
(b) RESTRICTED MEDICAL ASSISTANCE.—(1) In this subsection—
(A) ‘‘medical assistance’’ means medical assistance under a State
plan approved under title XIX of the Social Security Act (42 U.S.C.
1396 et seq.); and
(B) an alien lawfully admitted for temporary residence under section
9302 of this title is deemed to be residing permanently in the United
States under color of law as long as the alien’s temporary residence
status is not adjusted.
(2) Except as provided in paragraph (3) of this subsection and notwith-
standing title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), an
alien lawfully admitted for temporary residence under section 9302 of this
title is eligible for only the following medical assistance during the 5-year
period beginning on the date the alien is granted temporary residence sta-
tus:
(A) emergency services as provided under section 1916(a)(2)(D) of
the Social Security Act (42 U.S.C. 1396o(a)(2)(D)).