Qualified Aliens 400-19-45-40-25

(Revised 8/1/11 ML #3272)

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Qualified aliens are aliens who are Lawfully Admitted for Permanent Residence (LPR) under INS status.  North Dakota has elected to provide Qualified Aliens, as defined in 8 USC 1641, with TANF benefits provided all TANF eligibility requirements are met.

Note: TANF Policy does not require eligible Qualified Aliens to meet the 40 qualifying quarters of employment history (Social Security Coverage).

 

A ‘qualified alien’ is defined as an alien who, at the time the alien applies for, receives, or attempts to receive TANF, is:

1. Lawfully admitted for permanent residence (LPR) under the Immigration and Nationality Act 8 U.S.C. 1101 et seq.].  

Note: Lawfully Admitted for Permanent Residence means the status of having been lawfully accorded the privilege of residing permanently in the United States,  

2. Granted asylum under section 208 of such Act [8 U.S.C. 1158],
3. A refugee admitted to the U.S. under section 207 of such Act [8 U.S.C. 1157], including authorized Iraqi and Afghan Special Immigrants and their families admitted to the U.S. under section 8120 of the Department of Defense Appropriations Act of 2010 effective December 19, 2009,  
4. Paroled into the U.S. under section 212(d)(5) of such Act [8 U.S.C. 1182 (d)(5)] for a period of at least 1 year,
5. An individual whose deportation is being withheld under section 243(h) of such Act [8 U.S.C. 1253] or section 241(b)(3) of such Act [8 U.S.C. 1231 (b)(3)] (as amended by section 305(a) of division C of Public Law 104-208); or  
6. Granted conditional entry pursuant to section 203(a)(7) of such Act [8 U.S.C. 1153 (a)(7)] as in effect prior to April 1 1980; or
7. A Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); or
8. An Amerasian immigrant admitted to the U.S. pursuant to section 84 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988; or
9. A victim of a severe form of trafficking, including:

• If the victim is under 21, the victims spouse, children and unmarried siblings under 18 years of age on the date on which the victim applied for this status,
• If the victim is age 21 or older, the spouse and children of the victim and also includes the victims parent or unmarried sibling under age 18 if it is determined that the parent or unmarried sibling faces a present danger of retaliation as a result of the alien's escape from the severe form of trafficking or cooperation with law enforcement.

10. An alien who has a past or current involvement with the United States Armed Forces. (These individuals include honorably discharged veterans, qualified aliens on active duty in the United States’ armed forces, and the spouse or unmarried dependent child(ren) of such individuals.) (See Section 400-19-45-40-25-15, Establishing Past or Current Military Involvement of an Alien.)   
11. A Native American born in Canada who possesses at least 50% of blood of the American Indian race to whom the provisions of Section 289 of the INA apply. (See Section 400-19-45-40-35, American Indians Born in Canada.)
12. An alien who (or whose child or parent) has been battered or subjected to extreme cruelty in the United States and otherwise satisfies the requirements of 8 U.S.C. 1641(c). Should an individual be identified, please contact State TANF Policy.
13. Hmong and Highland Laotian with an immigration status that qualifies such as legal permanent residents or a veteran.