|
|
Noncitizens who have the status of Lawful Permanent Resident (LPR), Parolee or Battered noncitizen must also meet one of the additional conditions below to get full services MA:
· Has been a qualified noncitizen for at least five years. The five-year period includes:
o The amount of time a customer has been in their current status; and
o Any time the customer had the status of LPR, Parolee or Battered noncitizen before adjusting to their current status.
See Qualified Noncitizen for at Least Five Years Examples
· Before becoming an LPR, Parolee or Battered noncitizen, the customer had a qualified noncitizen status other than LPR, Parolee or Battered noncitizen;
· Entered the U.S. before August 22, 1996 and remained in the U.S. continuously until becoming a qualified noncitizen; or
· Has one of the following connections to the military:
o Is a member of the U.S. Armed Forces on active duty;
o Is an honorably discharged veteran of the U.S. Armed Forces;
o Is the spouse or dependent child of a member or honorably discharged veteran of the U.S. Armed Forces; or
o Is the widow or surviving dependent child of a member or honorably discharged veteran of the U.S. Armed Forces.
EXCEPTIONS:
1) Parolees from Afghanistan who meet either of the following conditions are exempt from the 5-year waiting period until March 31, 2023 OR until the end of their parole period, whichever is later:
· Were paroled into the US between July 31, 2021 and September 30, 2022; or
· Were paroled into the US after September 30, 2022 AND is the spouse, child, parent or legal guardian of a person paroled into the US between July 31, 2021 and September 30, 2022.
2) Humanitarian Parolees from Ukraine who were paroled into the US between February 24, 2022, and September 30, 2023 are exempt from the 5-year waiting period until September 30, 2023 OR until the end of their parole period, whichever is later.
NOTE Parolees from Ukraine may include non-Ukrainian individuals who last habitually resided in Ukraine due to urgent humanitarian reasons or for significant public benefit.
Term |
Definition |
Dependent child |
· A child under age 18; or · A child aged 18-21, who is a full time student and claimed as a dependent on the parent’s tax return. |
Remained in the U.S. continuously |
The customer was not out of the U.S. for longer than 30 days at a time AND the total of all time out of the U.S. since 8/22/1996 is not more than 90 days. |
Military connection |
· Is a member of the U.S. Armed Forces on active duty; · Is an honorably discharged veteran of the U.S. Armed Forces; · Is the spouse or dependent child of an honorably discharged veteran or active duty member of the U.S. Armed Forces; or · Is the widow or surviving dependent child of an honorably discharged veteran or active duty member of the U.S. Armed Forces. |
Prima facie approval of Battered noncitizen status |
An approval of a battered noncitizen application based on meeting the minimum requirements needed for approval. This approval is granted pending a full review of the Battered noncitizen application. |
Proof of qualified noncitizen status for at least 5 years:
· SAVE VIS or VLP records showing a qualified noncitizen status and an entry date at least 5 years in the past;
· Documents showing approved Victim of Trafficking status showing a date at least 5 years in the past;
· Documents showing approval or prima facie approval, whichever is earliest, of Battered noncitizen status with a date at least 5 years in the past; or
· A combination of SAVE VIS or VLP records and other documents showing the customer has held one or more qualified statuses for at least five years.
Proof of a prior qualified noncitizen status other than LPR, Parolee or Battered noncitizen:
If the person has a Permanent Resident or Resident Alien (I-551) Card, the three-digit Class of Admission (COA) code from the SAVE response or the LPR card can be used as proof of a prior qualified status. When the customer’s COA code does not indicate a prior qualified status, the customer must provide proof of the prior status.
See the table below for the COA codes that prove entry under a status that is not subject to the 5-year bar:
Prior Qualified Status |
COA code on the I-551 |
Refugee or Amerasian Refugee |
4A, 4C, A11, A12, A16, A17, A31, A32, A33, A36, A37, A38, A41, A42, A43, A46, A47, A48, AM-1, AM-2, AM-3, AM-6, AM-7, AM-8, AR-1, AR-6, IC-6, IC-7, M8, M83, P-7, P75, P76, R86, RE, RE-1, RE-2, RE-3, RE-4, RE-5, RE-6, RE-7, RE-8, RE-9, REF, REP, RF, RRA, Y11, Y12, Y13, Y16, or Y64 |
Asylee |
AS-1, AS-2, AS-3, AS-6, AS-7, AS-8, AY, ASP, GA6, GA7, GA8, SY6, SY7, SY8 |
Afghan or Iraqi special immigrant |
CQ1, CQ2, CQ3, SI-1, SI-2, SI-3, SI-6, SI-7, SI-8, SI-9, SQ-1, SQ-2, SQ-3, SQ-4, SQ-5, SQ-6, SQ-7, SQ-8, or SQ-9 |
Cuban-Haitian entrant |
C7P, CB1, CB2, CB6, CB7, CC, CH-6, CNP, CU-0, CU-6, CU-7, CU-8, CU-9, CUP, HA6, HA7, HA8, HA9, HB6, HB7, HB8, HB9, HC6, HC7, HC8, HC9, HD6, HD7, HD8, HD9, HE6, HE7, HE8, HE9, HF, HH6, NC6, NC7, NC8, or NC9 |
Citizens of Compact of Free Association (COFA) countries: · Federated States of Micronesia · Republic of the Marshall Islands · Republic of Palau |
CFA/FSM, CFA/MIS, or CFA/PAL |
Victim of Trafficking |
ST-0, ST-1, ST-6, ST-7, ST-8, ST-9, T-3, or T-4 |
American Indian born in Canada |
S13, or may provide verification that the applicant is an American Indian born in Canada. |
Deportation or Removal Withheld |
There is no specific COA code for this status. The customer will need to present other proof that deportation or removal is withheld as well as the I-551 card. |
Proof that the customer has remained in the U.S. continuously since before August 22, 1996:
There are two parts to this proof. First, the customer must provide a written statement listing the dates of any of absences from the U.S. or that they have not left the U.S. Second, the customer must provide any combination of the following documents and records that show the customer has lived in the U.S. since before 08/22/1996:
· Rental or lease agreements listing the customer as a tenant,
· Utility bills or payment records,
· School records,
· Employment records,
· Social Security wage records,
· Church attendance records,
· Public benefits records,
· Medical records, and
· Any other official document or record that shows the customer was residing in the U.S. during the required period.
Proof that the customer has a military connection:
Military records (like a DD-214) showing current active duty or honorable discharge.
When the customer is the spouse, widow, or dependent child of an active duty or honorably discharged member of the U.S. Armed Forces, that customer must also provide proof of their relationship to the Armed Forces member or veteran. Proof of relationship includes:
· Birth certificate,
· Marriage records,
· Court documents,
· Military ID showing relationship, or
· Other official records that show relationship.
Program |
Legal Authorities |
All programs |
8 USC 1611, 1612, 1613, and 1641 42 CFR 435.406(a) 42 CFR 435.949 and 956(a)(1)(i) AAC R9-22-305.4 AAC R9-28-401.01(B) 1 AAC R9-29-204.3 AAC R9-31-302(A) 42 CFR 457.320(b)(6 ) |