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(b) A child or pregnant woman shall be considered lawfully residing if the child or pregnant woman is:
(1) A qualified alien as defined in 8 USC 1641;
(2) An alien in nonimmigrant status who has not violated the terms of the status under which the child or pregnant woman was admitted or to which the child or pregnant woman’s status has changed after admission;
(3) An alien who has been paroled into the United States pursuant to section 212(d)(5) of the Immigration and Nationality Act (INA) pursuant to 8 USC 1182(d)(5) for less than one year, except for an alien paroled for prosecution, for deferred inspection, or pending removal proceedings;
(4) An alien who belongs to one of the following classes:
a. Aliens currently in temporary resident status pursuant to section 210 or 245A of INA 8 USC 1160 or 8 USC 1255a;
b. Aliens currently under Temporary Protected Status (TPS) pursuant to section 244 of INA 8 USC 1254a, and pending applicants for TPS who have been granted employment authorization;
c. Aliens who have been granted employment authorization pursuant to 8 CFR 274a.12(c)(9), (10), (16), (18), (20), (22), or (24);
d. Family unity beneficiaries pursuant to section 301 of Pub. L. 101-649, as amended;
e. Aliens currently under Deferred Enforced Departure pursuant to a decision made by the president of the United States;
f. Aliens currently in deferred action status; or
g. Aliens whose visa petition has been approved and who have a pending application for adjustment of status;
(5) A pending applicant for asylum under section 208(a) of the INA 8 USC 1158 or for withholding of removal under section 241(b)(3) of the INA 8 USC 1231 or under the United Nations Convention Against Torture (UNCAT) who has been granted employment authorization, and such an applicant under the age of 14 who has had an application pending for at least 180 days;
(6) An alien who has been granted withholding of removal under UNCAT;
(7) A child who has a pending application for Special Immigrant Juvenile status as described in section 101(a)(27)(J) of INA 8 USC 1101(a)(27)(J);
(8) An alien who is lawfully present in the Commonwealth of the Northern Mariana Islands under 48 USC 1806(e); or
(9) An alien who is lawfully present in American Samoa under the immigration laws of American Samoa.
Source. #14084, eff 9-26-24
PARTS He-W 817 through He-W 819 RESERVED
PART He-W 820 ASSET TRANSFERS