Qualified Aliens Lawfully Admitted for Permanent Residence on or After August 22, 1996 400-19-45-40-25-10

(Revised 7/1/12 ML #3334)

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(N.D.A.C. 75-02-01.2-28.1)

 

Qualified aliens who entered the United States for permanent residence on or after August 22, 1996, are not eligible for any federally funded TANF benefit for 5 years from the date they entered the United States. This 5-year period is also known as a ‘5-year ban on benefits’ and is effective on the date the individual entered the country as a qualified alien, or the date the individual becomes a qualified alien, whichever is later. (See Section 400-19-45-40-30, Sponsor Income and Assets).

 

A qualified alien who is subject to the '5-year ban on benefits, and who meets all other TANF non-financial and financial eligibility criteria, is eligible for benefits beginning the date following the date the ‘5-year ban on benefits’ expires.

 

The following qualified aliens are exempt from the ‘5-year ban on benefits’ and may be eligible for TANF at any time on or after their date of US entry, provided all other TANF eligibility criteria are met:

1. Aliens who have 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.)
2. 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;
3. Refugees, Refugee Unaccompanied Minors, and Iraqi and Afghani Special Immigrants who are considered refugees as of December 19, 2009;
4. Asylees who have been granted asylum (not applicants for asylum);
5. Aliens whose deportation was withheld under Section 243(h) of the Immigration and Naturalization Act (INA);
6. Cuban and Haitian Entrants;
7. Victims 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.

Qualified Aliens who entered the US under one of the categories exempt from the 5 year ban remain eligible for TANF when their alien status is converted to a category that is not exempt from the 5 year ban.  

Example: An individual enters the US with a status of Refugee (exempt from the 5 year ban). Two years later, their status changes from Refugee to Lawful Permanent Resident (LPR).  The status used when determining continued eligibility for TANF is Refugee (status as of date of entry) for the duration of the 5 year eligibility period.