2142.2 Non-Citizens Who Qualify After 5 Years from the Date of Entry or the Date Status Was Granted

If otherwise eligible, the following non-citizens who entered the U.S. after August 22, 1996 qualify for assistance 5 years after their date of entry to the United States:

If they have not been in the country for five years from date of entry, they do not meet non-citizen criteria and are ineligible.

The date of entry for persons who entered the country on or after August 22, 1996 is the date the individual attained one of the qualifying statuses listed below. The date the immigrant actually entered the country is not relevant unless it is prior to August 22, 1996. The five year bar begins to run from the date the immigrant obtains a qualified status.

Persons lawfully admitted for permanent residence;

Persons granted parole or conditional entry status;

Persons who do not meet one of the statuses listed in (1) or (2) above, but who have been battered or subject to extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent with pending or approved Violence Against Women Act (VAWA) cases or family-based petitions before INS. This also includes the person's children who have also been battered or subject to extreme cruelty.