Located in:
- Temporary Assistance for Needy Families (TANF)
States that include TANF in the Combined State Plan must outline how the State will meet the requirements of section 402 of the Social Security Act including how it will:
(OMB Control Number: 0970-0145)
j. Indicate whether it intends to provide assistance to non-citizens, and if so include an overview of the assistance (section 402(a)(1)(B)(ii) of the Social Security Act)
Current Narrative:
Each recipient must be a United States citizen, a non-citizen national (person born in an outlying possession of the United States [American Samoa or Swain’s Island] on or after the date the U.S. acquired the possession, or a person whose parents are U.S. non-citizen nationals), or a qualified alien as defined below:
- An alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act;
- An alien who is granted asylum under Section 208 of such act;
- A refugee who is admitted to the United States under Section 207 of such act;
- An alien who is paroled into the United States under Section 212(d)(5) of such act for a period of at least one year;
- An alien whose deportation is withheld under §243(h) of such act (as in effect immediately before the effective date [April 1, 1997] of §307 of Division C of Public Law 104-208) or §241(b)(3) of such act (as amended by Section 305(a) of Division C of Public Law 104-208);
- An alien who is granted conditional entry pursuant to §203(a)(7) of such act as in effect prior to April 1, 1980;
- An alien who is a Cuban or Haitian entrant as defined in § 501(e) of the Refugee Education Assistance Act of 1980;
- An alien who has been battered or subjected to extreme cruelty in the United States by a spouse or parent, or by a member of the spouse’s or parent’s family residing in the same household as the alien if the spouse or parent consented to, or acquiesced in, such battery or cruelty. The individual who has been battered or subjected to extreme cruelty must no longer reside in the same household with the individual who committed the battery or cruelty. The agency must also determine that a substantial connection exists between such battery or cruelty and the need for the benefits to be provided. The alien must have been approved or have a petition pending which contains evidence sufficient to establish the status as a spouse or a child of a United States citizen pursuant to clause (ii), (iii), or (iv) of §204(a)(1)(A) of the Immigration and Nationality Act (INA); or the classification pursuant to clause (ii) or (iii) of Section 204(a)(1)(B) of the INA; or cancellation of removal under section 1229b of the INA (as in effect prior to April 1, 1997); or the status as a spouse or child of a United States citizen pursuant to clause (i) of §204(a)(1)(A) of the INA, or classification pursuant to clause (i) of Section 204(a)(1)(B) of the INA;
- An alien child of a battered parent or the alien parent of a battered child as described in §1223A.8;
- An alien who is a victim of a severe form or trafficking in persons, or an eligible relative of a victim of a severe form of trafficking in persons; or
- An alien who is an Iraqi or Afghani immigrant who has been granted Special Immigrant Visa (SIV) status. An alien who is a qualified alien and who enters the United States on or after August 22, 1996, is not eligible for any Federal means-tested public benefit for a period of 5 years beginning on the date of the alien’s entry into the United States unless:
Exception for refugees and asylees:
- An alien who is admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [8 U.S.C. 1157];
- An alien who is granted asylum under section 208 of such Act [8 U.S.C. 1158];
- An alien whose deportation is being withheld under section 243(h) of such Act [8 U.S.C. 1253] (as in effect immediately before the effective date of section 307 of division C of Public Law 104-208) 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);
- An alien who is a Cuban and Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980;
- An alien admitted to the United States as an Amerasian immigrant as described in section 1612 (a)(2)(A)(i)(V)[1] of this title;
- An alien who is a victim of a severe form or trafficking in persons, or an eligible relative of a victim of a severe form of trafficking in persons;
- An alien who is an Iraqi or Afghani immigrant who has been granted Special Immigrant Visa (SIV) status.