Page 958

958 Chapter 6:Non-citizens • Section 1: Introduction (07/2026) Someone who enters as a student can request asylum or some other status. How this affects their eligibility is based on what immigration status they started with and what they have now. The following individuals retain their original status when determining eligibility for DHS programs, even if they have adjusted their status to LPR. They are not subject to the five-year bar of federal benefits: • Refugee • Asylee • Cuban or Haitian Entrant • Victim of Human Trafficking and certain family members Iraqi and Afghan Special Immigrant Visa (SIV) holders and certain Vietnamese Amerasians are technically LPR’s, but they are not subject to the five-year bar. If you have a question about an immigration change, please contact DHS Central Office via the program policy box. Citizens and nationals The following individuals are considered either U.S. citizens or U.S. nationals and therefore do not have to meet the non- citizen requirements for ODHS programs (with the exception of REF/REFM). Individuals who were born in: • Puerto Rico • Guam • Saipan, Tinian, Rota, or Pagan of the Northern Mariana Islands • The U.S. Virgin Islands • Swains Islands • American Samoa Survivors of abuse or crime Individuals who have been victims of abuse or other crimes can sometimes be granted a legal status that allows them to reside in the United States. • T Visa: Immigration Relief for Survivors of Sex or Labor Trafficking

T non-immigrant status is a temporary immigration benefit that enables certain foreign-born victims of a severe form of human trafficking to remain in the United States for up to 4 years if they have assisted law enforcement in an investigation or prosecution of human trafficking. T non-immigrant status is also available for certain qualifying family members of trafficking victims. T non-immigrants who qualify may also be able to adjust their status and become lawful permanent residents (obtain a Green Card). • U Visa: Immigration Relief for Survivors of Domestic Violence and Other Crimes

The U non-immigrant status (U visa) is set aside for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. • VAWA: Immigration Relief for Survivors of Domestic Violence and Other Crimes