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Chapter: 1400 Technical Requirements Program: TCA 32 North American Indians born in Canada, who are residing in the U.S., are eligible for TCA, based on the factor of immigration status, if they are subject to Section 289 of the Immigration and Nationality Act or a member of an Indian Tribe as defined in section 4(e) of the Indian Self- Determination and Education Assistance Act.

Proof of this status includes:

1. I-551 with code S-13, 2. unexpired I-551 stamp in a Canadian passport, 3. I-94 with code S-13, or 4. a letter or other tribal document certifying 50% American Indian blood, as required by Immigration and Nationally Act section 289, combined with a birth certificate or other satisfactory evidence of birth in Canada.

Verification of membership in an Indian tribe includes a membership card or other tribal document demonstrating membership in a federally recognized Indian tribe.

If the individual has no document evidencing tribal membership, contact with the tribal government for confirmation of the individual’s membership.

Note: These individuals are not subject to the five-year ban. 1420.0105 Qualified Noncitizens (TCA) Qualified noncitizens are defined as noncitizens who meet at least one of the following sections of the Immigration and Nationality Act (INA). 1420.0106 Lawful Permanent Resident (TCA) A lawful permanent resident (LPR) is a noncitizen who lawfully immigrates to the United States and has permission to live and work in the U.S. LPRs may be eligible for TCA based of their noncitizen status if they entered the U.S.:

1. prior to 8/22/96 and have remained continuously present, 2. on or after 8/22/96 under a prior asylee, refugee, Amerasian, deportation withheld, or Cuban/Haitian Entrant status, or 3. on or after 8/22/96 and have lived in the U.S. as a qualified noncitizen for at least five years.

Proof of this status includes:

1. resident alien card commonly referred to as a “green card” (I-551), 2. a re-entry permit (I-327), or 3. a foreign passport with a stamp stating “temporary evidence of lawful permanent resident status”.

Note: LPRs who entered after 8/22/96 are subject to the five-year ban, unless otherwise noted. 1420.0106.01 Noncitizens Serving in the United States Armed Forces (TCA) Noncitizens serving in the United States Armed Forces (Army, Air Force, Navy, Marines, or Coast Guard) on active duty for purposes other than training, noncitizen veterans honorably discharged from the United States Armed Forces for reasons other than their noncitizen status, who have met the minimum active duty service requirements of Section 5303A(d) of Title 38, United States Code (24 months or the period for which the person was called to active duty), and their spouses and unmarried dependent children, are eligible for Temporary Cash Assistance on the factor of noncitizen status.