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MS 2900 [2]
a. Aliens must meet one of the following criteria:
(1) Cuban or Haitian under 501(e) of REAA (Cuban/Haitian Parolees under section 212(d)(5) are considered the same as a Cuban/Haitian Entrant as defined in section 501(e) of the Refugee Education Act of 1980); (2) Under the Consolidated Appropriations Act of 2024, citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau are not subject to the five-year ban. (3) Amerasian aliens under 584 of Foreign Operations, Export Financing and Related Program Appropriations Act.
b. The following are eligible at application and indefinitely:
(1) Veterans who were honorably discharged for reasons other than alien status; (2) Active-duty military personnel, other than for training. Active duty does not include reserves or guard duty. It is intended to reflect full-time employment in the service. The minimum active-duty service requirements must have been met by the veteran. Active duty is defined as a minimum of 24 months or the period for which the person was called to active duty; (3) The spouse of a living or deceased veteran or active-duty personnel, provided the spouse has not remarried, and the marriage lasted for at least one year or for any period if a child was born before or after the marriage. This includes military personnel who die during active-duty service and Filipinos who served in the Philippine Commonwealth Army during World War II or as a Philippine Scout following the war; (4) The unmarried dependent child of such a veteran or active-duty personnel. Unmarried dependent children, under age 22, who are students regularly attending school, and adult disabled children who were disabled before becoming adults, are also eligible under this provision; (5) "Noncitizens" lawfully in the U.S. and under 18 at the time of application. Once the child turns 18, he or she must meet another criterion to continue to be eligible; (6) "Noncitizens" lawfully in the U.S. and 65 or older on 8/22/96; (7) Blind or disabled legal aliens who receive a disability benefit, such as Supplemental Security Income (SSI) or Medicaid, based on a disability. (8) Lawful permanent residents who can be credited with 40 quarters of work performed in the U.S. and its territories.