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957 Chapter 6:Non-citizens • Section 1: Introduction (07/2026) • Clause (ii) or (iii) of section 204(a)(1)(B) of the INA; • Suspension of deportation under section 244(a)(3) of the INA; • Status as a spouse or child of a U.S. citizen pursuant to clause (i) of section 204(a)(1)(A) or 204(a)(1)(B) of the INA; or • Cancellation of removal pursuant to section 240(b)(2) of the INA Certified victims of severe forms of trafficking – including some family members These are individuals who have been brought to the U.S. and have been placed into forced servitude, usually sex work or labor. These individuals are considered modern day slaves. American Indians born in Canada to who section 289 of the INA applies These are individuals who are American Indians who were born in Canada and have “…at least 50 per centum of blood of the American Indian race.” Non-citizens who are members of a Federally recognized Indian tribe under section 4(e) of the Indian Self- Determination and Education Assistance Act “Indian tribe” means any Indian tribe, band, nation, or other organized group or community, including any Alaska Native village or regional or village corporation as defined in or established pursuant to the Alaska Native Claims Settlement Act (85 Stat. 688) [43 U.S.C. 1601 et seq.], which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. Compact of Free Association (COFA) are three nations: the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. With the passing of the Consolidated Appropriations Act of 2021 on December 27, 2020 (for medical), and the passing of the Consolidated Appropriations Act of 2024 on March 9, 2024 (for SNAP and TANF programs), these individuals are considered to be qualified non-citizens, and not subject to the 5-year bar. COFA citizens meet the non-citizen requirements for the following: • Full OHP Plus benefits • Medicare Savings Programs • Long-Term Care Medical through the Hospital Presumptive Process • OHP Bridge programs • SNAP • TANF • TA-DVS Note: Effective May 1, 2024, children are no longer required to meet citizenship or non-citizen requirements for ERDC. Children may receive ERDC benefits regardless of the child’s immigration status. Adjustment of status Many times, individuals who enter the US with one immigration status can adjust to another immigration status after a period of time. For example, an individual who enters the US as a refugee can adjust their status to LPR after one year.