Department of Human Services

Families First Online Policy Manual

Citizenship and Alien Status

Revised:

11.2

HOW CITIZENSHIP IS DEFINED

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As a condition of eligibility to receive Families First benefits, an individual must be either a citizen of the United States (The United States is defined as the 50 states and the District of Columbia, Puerto Rico, Guam, and the Virgin Islands.In addition, nationals from American Samoa or Swainís Island are considered U.S. citizens for eligibility purposes); or an alien lawfully admitted under the conditions listed below:

 

        An alien lawfully admitted for permanent residence as an immigrant as defined in Sections 101 (a)(15) and 101 (a)(20) of the Immigration and Nationality Act.However, an alien lawfully admitted for permanent residence pursuant to Section 245A of the Immigration and Nationality Act must be eligible as specified in the paragraph below of this section that addresses aliens who are defined as aged, blind or disabled.

 

        An alien who entered the United States prior to January 1, 1972 or some later date as required by law, and has continuously maintained residency in the United States since then, and is not ineligible for citizenship, but is considered to be lawfully admitted for permanent residence as a result of an exercise of discretion by the Attorney General pursuant to Section 249 of the Immigration and Nationality Act.

 

        An alien who is qualified for entry pursuant to section 207 or 208 of the Immigration and Nationality Act;

 

Note: Amerasians in Vietnam, with certain family members, are to be admitted under this section.They should possess INS documents with an identifier in the range of AM1 through AM3 or AM6 through AM8.In Families First these are treated as refugees.An Amerasian is an individual who was:

 

-         Born in Vietnam between January 1, 1962 and January 1, 1976.

-         Fathered by a U.S. citizen.

-         Residing in Vietnam as of March 20, 1988 (the date of enactment of the Amerasian legislation).

 

Amerasian family members who can be admitted under Section 207 or 208 of the Act include:the spouse or child of an Amerasian if the spouse or child is accompanying or planning to join the Amerasian; and the Amerasianís natural mother and the spouse or child of the Amerasianís natural mother or the person who has acted as the Amerasianís mother, father, or next of kin and such personís spouse or child if the family member is accompanying or planning to join the Amerasian.

 

        An alien who is an Afghan and has been granted Special Immigrant Status under section 525 of Title V of the Consolidated Appropriations Act of 2008 as described in Section 101(a)(27) of the Immigration and Nationality Act (INA).

 

        An alien who is an Iraqi and has been granted Special Immigrant Status under the National Defense Authorization Act for Fiscal Year 2008, Section 1244 of Public Law 110-181 as described in section 101(a)(27) of the Immigration and Nationality Act (INA).

 

Note: Spouses and unmarried children under age 21 of Afghan and Iraqi Special Immigrants who accompany or later join the Special Immigrant.Bulletin No. 6, FA-08-03

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        An alien granted asylum through an exercise of discretion by the Attorney General pursuant††† to Section 208 of the Immigration and Nationality Act.

 

        An alien lawfully present in the United States as a result of an exercise of discretion by the Attorney General for emergent reasons or reasons deemed strictly in the public interest pursuant to Section 212 (d)(5) of the Immigration and Nationality Act, or as a result of a grant of parole by the Attorney General.

 

        An alien living within the United States for whom the Attorney General has withheld deportation pursuant to Section 243 of the Immigration and Nationality Act.

 

        An alien who is defined as aged, blind or disabled in accordance with Section 1614 (a)(1) of the Social Security Act and is considered to be lawfully admitted for permanent residence pursuant to Section 245A (b) (1) of the Immigration and Nationality Act.Such aliens may obtain lawful permanent resident status under Section 245 (b) (1) of the Act no earlier than November 7, 1988.

 

        An alien who is, as of June 1, 1987, or thereafter, a special agricultural worker and lawfully admitted for temporary residence in accordance with Section 210 (a) of the Immigration and Nationality Act.

 

        An alien who is lawfully admitted for temporary residence as an additional special agricultural worker as of October 1, 1989 through September 30, 1993, in accordance with Section 210 (a) of the Immigration and Nationality Act.

 

Glossary

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