Section 407.10 - Eligibility to enroll(a)Basic rule. Except as specified in paragraph (b) of this section, an individual is eligible to enroll for SMI if he or she-(1) Is entitled to hospital insurance under any of the rules set forth in §§ 406.10 through 406.15 of this chapter; or(2) Meets the following requirements:(i) Has attained age 65. (An individual is considered to have attained age 65 on the day before the 65th anniversary of his or her birth.)(ii) Is a resident of the United States.(iii) Is a citizen of the United States, or an alien lawfully admitted for permanent residence who has resided continuously in the United States during the 5 years preceding the month in which he or she applies for enrollment.(b)Exception. An individual is not eligible to enroll for SMI if he or she has been convicted of-(1) Spying, sabotage, treason, or subversive activities under chapter 37, 105, or 115 of title 18 of the United States Code; or(2) Conspiracy to establish dictatorship under section 4 of the Internal Security Act of 1950.