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7 AAC 45.215. Citizenship or legal alien status. (a) To be eligible for ATAP benefits, an applicant must declare in writing, on a form provided by the department, that each member of the assistance unit is a citizen or national of the United States or an alien in lawful immigration status. (b) Repealed 7/1/97. (c) Canadian Indians with at least 50 percent Native Indian blood are given a special status under 8 U.S.C. 1359 and are exempt from immigrant registration or visa requirements. The department will consider these Canadian Indians to have lawful immigration status and to be eligible for ATAP benefits if they meet all other eligibility requirements, including the requirements of 7 AAC 45.220 regarding residency in the state. (d) Except as otherwise provided in this chapter, an alien whose status is not described in (g)(2) of this section is not eligible for ATAP benefits. (e) An alien in lawful immigration status who is sponsored by a public or private agency or organization is ineligible to receive ATAP benefits for three years after the date of entry into the United States, unless the department determines that the sponsoring agency or organization is no longer in existence, or that the sponsor does not have the financial ability to meet the alien’s needs. (f) Except as provided in this subsection, an alien granted temporary resident status under the Immigration Reform and Control Act of 1986, P.L. 99-603, will be disqualified from receiving ATAP benefits for a period of five years from the date that lawful temporary resident status was granted. The five-year disqualification period will continue even though the temporary resident status may be changed to that of permanent status within the five-year period. An applicant for ATAP benefits who attained lawful temporary resident status more than five years before the date of application is not disqualified under this subsection. A Cuban or Haitian entrant whose status has been adjusted to that of lawful temporary resident is not subject to the five-year disqualification period. (g) As used in this section,

(1) “United States citizen” means a citizen of one of the 50 states, the District of Columbia, Puerto Rico, Guam, or the Virgin Islands; in addition, the department will consider United States nationals, including nationals from American Samoa or Swain’s Island, to be United States citizens for purposes of ATAP;

(2) “an alien in lawful immigration status” means an alien who at the time the alien applies for or receives ATAP, meets one of the requirements for qualified alien status under 8 U.S.C. 1641. (Eff. 8/5/92, Register 123; am 7/1/97, Register 142; am 1/7/2005, Register 173) Statutory Authority: