Title: Section 349.3 - Citizenship and Alien Status.

349.3 Citizenship and Alien Status.

(a) Definitions.

(1) a "qualified alien" is:

(i) a refugee admitted under Section 207 of the Immigration and Nationality Act;

(ii) an asylee granted asylum under Section 208 of the Immigration and Nationality Act;

(iii) a person whose deportation was withheld under Section 241(b) or 243(h) of the Immigration and Nationality Act;

(iv) a Cuban and Haitian entrant (as defined in section 501 (e) of the Refugee Education Assistance Act of 1980);

(v) an alien admitted into the United States as an Amerasian immigrant as described in Section 402(a)(2)(A)(i)(V) of the Personal Responsibility and Work Opportunity Act of 1996 (8 U.S.C. 1612(a)(2)(A));

(vi) a person lawfully admitted for permanent residence in the United States;

(vii) a person paroled into the United States under Section 212(d)(5) of the Immigration and Nationality Act for a period of at least one year;

(viii) a person granted conditional entry into the United States under Section 203(a)(7) of the Immigration and Nationality Act; and

(ix) a battered spouse and dependents meeting the criteria of Section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

(2) A "specially qualified alien" is:

(i) a refugee admitted under Section 207 of the Immigration and Nationality Act, for a period of five years from the date the person was admitted into the United States as a refugee;

(ii) an asylee granted status under Section 208 of the Immigration and Nationality Act, for a period of five years from the date that the asylee was granted status;

(iii) a person for whom deportation was withheld under Section 241(b) or 243(h) of the Immigration and Nationality Act, for a period of five years from the date that the deportation was withheld;

(iv) a Cuban and Haitian entrant (as defined in Section 501(e) of the Refugee Education Assistance Act of 1980) for a period of five years from the date such status was granted;

(v) an alien admitted into the United States as an Amerasian immigrant as described in Section 402 (a)(2)(A)(i)(V) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(A)) for a period of five years from the date the person was admitted into the United States;

(vi) a person lawfully admitted for permanent residence into the United States who has worked for 40 quarters as defined under Title II of the federal Social Security Act, or can be credited with such qualifying quarters exclusive of any quarter after December 31, 1996, in which such person received any federal means tested assistance, whose entry into the United States was at least five years earlier or who entered the United States prior to August 22, 1996; and

(vii) any qualified alien who is on active duty, other than duty for training, in the United States Armed Forces or who has received a discharge characterized as honorable and not on account of alienage, or the spouse or unmarried dependent child of any such alien who is also a qualified alien.

(b) Eligibility requirements.

(1) No person except a citizen or a specially qualified alien is eligible for the federal food stamp program, family assistance, safety net assistance, or services funded under Title XX of the federal social security act except as follows:

(i) A qualified alien who is not a specially qualified alien, who was a lawful resident of the United States before August 22, 1996, or who was a lawful resident of the United States on or after August 22, 1996, for five or more years is, if otherwise eligible, eligible for family assistance, safety net assistance, services pursuant to Title XX of the federal social security act but is ineligible for the federal food stamp program.

(ii) A qualified alien, who is not a specially qualified alien, who entered the United States on or after August 22, 1996, but who was a legal resident of the United States for less than five years is, if otherwise eligible, eligible for safety net assistance but is ineligible for family assistance and the federal food stamp program.

(iii) An alien whose status is not within the meaning of the term qualified alien but who is otherwise permanently residing in the United States under color of law; as such term was used on August 21, 1996, by the federal Administration for Children and Families is, if otherwise eligible, eligible for safety net assistance.

(iv) A person paroled into the United States under Section 212(d)(5) of the Immigration and Nationality Act for a period of less than one year is, if otherwise eligible, eligible to receive any State or local non-federal assistance provided under this section on the same terms as such programs are available to persons who are qualified aliens.

(v) Nothing herein precludes the receipt by an alien of community based non-cash assistance in accordance with the directions of the United States Attorney General.

(vi) Any alien, including an alien who is not a qualified A alien, is eligible for adult protective services and services and assistance relating to child protection to the extent that such person is otherwise eligible pursuant to the regulations of the Office of Temporary and Disability Assistance and the Office of Children and Family Services of the Department.

(2) An alien is eligible for additional state payments for aged, blind and disabled persons under social services law only to the extent that such person is not ineligible for federal SSI benefits due to alien status.

(3) (i) Any applicant or recipient who has been determined to be ineligible for family assistance, or safety net assistance because he or she is an alien unlawfully residing in the United States or because he or she failed to furnish evidence that he or she is lawfully residing in the United States must be immediately referred to the United States Immigration and Naturalization Service, or the nearest consulate of the country of the applicant or the recipient for such service or consulate to take appropriate action or furnish assistance.

(ii) Each social services district must report to the Office of Temporary and Disability Assistance, the name and address and other identifying information known to it with respect to any alien known to be unlawfully in the United State in the manner prescribed by such office.

 

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VOLUME A (Title 18)

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