§ 8-905. Aliens

   (a) Conditions of eligibility. -- 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) Information on status. -- 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) Standard of proof. -- 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.

HISTORY: An. Code 1957, art. 95A, § 4; 1991, ch. 8, § 2; 1993, ch. 5, § 1.