Definition of the Term Lawfully Present in the United States for Purposes of Applying for Title II Benefits Under Section 401(b)(2) of Public Law 104-193

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This interim rule amends the Immigration and Naturalization Service (Service) regulations to define the term ``an alien who is lawfully present in the United States'' so that the Social Security Administration may determine which aliens in the United States are eligible for benefits under title II of the Social Security Act. Aliens who are considered ``lawfully present in the United States,'' however, must otherwise satisfy the requirements for benefits under title II of the Social Security Act in order to receive social security benefits.