421-5 NON-QUALIFIED ALIENS

Non-qualified aliens include aliens who are permanently residing in the U.S. under color of law, non-immigrants, and illegal aliens. An alien who is not a qualified alien is not eligible for APA benefits.

421-5 A. LEGAL, NON-QUALIFIED ALIENS

Aliens in this category are legal permanent residents of the U.S. even though they did not go through the process of applying for and being admitted for permanent residence. This group includes aliens residing in the U.S. with the knowledge and permission of the USCIS whose departure the USCIS does not contemplate enforcing.

An alien who is not qualified alien is not eligible for APA benefits.

Note: An individual with Temporary Protected Status (TPS) is a legal, non-qualified alien.

421-5 B. NON-IMMIGRANTS

Some aliens may be lawfully admitted but only for a temporary or specified time (visitors, tourists, students, diplomats, crewmen on shore leave, temporary workers, members of the foreign press, etc.) These aliens are not eligible for APA because of the temporary nature of their admission status.

Non-immigrant aliens can be identified by the following USCIS documentation:

Form I-94, Arrival-Departure Record;

Form I-821, Application for Temporary Protected Status

Form I-185, Canadian Border Crossing Card;

Form I-186, Mexican Border Crossing Card;

Form SW-434, Mexican Border Visitor’s Permit; and

Form I-95A, Crewman’s Landing Permit,

Form I-766 category C33 or Deferred Action for Childhood Arrivals ( DACA ).

Note: Aliens born in the Marshall Islands, Western Samoa, the Federated States of Micronesia and Palau are the most common types of non-immigrants. These people can travel freely between the islands and the U.S., but are considered non-qualified aliens and are not eligible to receive benefits. For these people to receive benefits, they must take action to become a qualified alien.

421-5 C. ILLEGAL ALIENS

An illegal alien is any alien who either was never legally admitted to the U.S., or was admitted for a limited period of time and did not leave when that time expired.

421-5 NON-QUALIFIED ALIENS

Official source

421-5 NON-QUALIFIED ALIENS

421-5 A. LEGAL, NON-QUALIFIED ALIENS

An alien who is not qualified alien is not eligible for APA benefits.

Note: An individual with Temporary Protected Status (TPS) is a legal, non-qualified alien.

421-5 B. NON-IMMIGRANTS

Non-immigrant aliens can be identified by the following USCIS documentation:

Form I-94, Arrival-Departure Record;

Form I-821, Application for Temporary Protected Status

Form I-185, Canadian Border Crossing Card;

Form I-186, Mexican Border Crossing Card;

Form SW-434, Mexican Border Visitor’s Permit; and

Form I-95A, Crewman’s Landing Permit,

Form I-766 category C33 or Deferred Action for Childhood Arrivals ( DACA ).

421-5 C. ILLEGAL ALIENS

An illegal alien is any alien who either was never legally admitted to the U.S., or was admitted for a limited period of time and did not leave when that time expired.