122.3 Qualified Noncitizen Status

Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996, only U.S. citizens, U.S. noncitizen nationals, and " qualified noncitizens " may be eligible for Cash Assistance .

Under PRWORA, a qualified noncitizen is one of the following:

A noncitizen lawfully admitted for permanent residence under the Immigration and Nationality Act (INA)

A refugee admitted to the U.S. under section 207 of the INA .

A noncitizen paroled into the U.S. under section 212(d)(5) of the INA for at least one year .

A noncitizen whose deportation is being withheld under section 243(h) of the INA as in effect before April 1, 1997, or whose removal is being withheld under section 241(b)(3) of the INA .

A noncitizen granted conditional entry pursuant to section 203(a)(7) of the INA as in effect before April 1, 1980

A noncitizen who is a Cuban or Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980

A noncitizen who (or whose child or parent) has been battered or subjected to extreme cruelty in the U.S. and who otherwise meets the requirements of section 431 of the Act, as amended by section 501 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and sections 5571–72 and 5581 of the Balanced Budget Act of 1997

A noncitizen who is a Company of Free Association (COFA) migrant from the Republic of the Marshall Islands (RMI), the Federated States of Micronesia (FSM), and the Republic of Palau under amendments to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, P.L. 104-193

The CAO must determine a noncitizen’s date of entry (DOE) into the U.S as follows:

If the DOE is greater than 5 years and all other eligibility requirements are met, the qualified noncitizen is eligible for TANF. If the DOE is less than 5 years, the noncitizen is not eligible for TANF unless they are a qualified noncitizen and may or may not be exempt from the 5-year bar dependent on their immigration status.

The noncitizen status chart in Appendix A lists the categories of lawfully admitted noncitizens who may qualify for benefits. It also lists the United States Citizenship and Immigration Services (USCIS) provision number that indicates eligibility. The INA provision number may appear on the noncitizen’s USCIS document. There are samples of USCIS documents in Appendix C . The non-citizens listed below may qualify for TANF if other eligibility requirements are met:

Refugees admitted to the U.S. under Section 207 of the INA (see SH 730 ) may have eligibility for TANF benefits if all other criteria is met. Refugees usually change to lawful permanent resident status after 12 months in the U.S., but for eligibility purposes they are still considered refugees.

Cuban or Haitian entrants (CHE) .

Noncitizens granted asylum under § 208 of the INA (see Supplemental Handbook, Chapter 730 )

Victims of a severe form of trafficking under § 107(b)(1) of the Trafficking Victims Protection Act of 2000 (TVPA), Public Law 106-386 and applicants for a victim of trafficking visa (See Supplemental Handbook, Chapter 730 ).

Noncitizens other than those described in Appendix A are not eligible for TANF. These include undocumented noncitizens , visitors, tourists, diplomats, temporary residents authorized for employment, and students who enter the U.S. temporarily with no intention of abandoning residence in their own country.

55 Pa. Code § 149.23

122.31 Qualified Noncitizens Subject to the Five-Year Bar

Most noncitizens who are subject to the five-year bar for TANF are also subject to sponsor deeming requirements.

The CAO must use program status code (PSC) 04 with C and U categories if a qualified noncitizen in the budget group is ineligible for federally funded benefits because of the five-year bar. The budget group must meet all TANF eligibility criteria, including work and child support requirements. The budget group is eligible for special needs allowances and supportive services, including childcare. If any one member in the TANF budget group meets the following criteria the entire budget group is PSC 04.

Is a qualified noncitizen.

Meets all eligibility criteria for TANF.

Has a date of entry in the U.S. after August 22, 1996.

Does not meet one of the 5-year bar exemptions.

Has not lived in the U.S. continuously for five years, beginning from the date of entry.

NOTE: If all noncitizen members of the TANF budget have lived in the U.S. for more than 5 years, the CAO must not use PSC 04.

122.32 Qualified Noncitizens Exempt from the Five-Year Bar

The following qualified noncitizens are exempt from (or not subject to) the five-year bar and may receive TANF, if all other conditions of eligibility are met:

Refugees.

Asylees.

Qualified noncitizens lawfully residing in any state who are honorably discharged veterans, or who are on active duty in the U.S. Armed Forces, or who are the spouse, unmarried dependent child, or unmarried surviving spouse of such a veteran or active service member.

Cuban/Haitian entrants, as defined in Section 501 (e) of the Refugee Education Assistance Act of 1980.

Amerasian immigrants admitted to the U.S. pursuant to Section 584 of the Foreign Operation, Export Financing, and Related Programs Appropriation Act of 1988.

Victims of trafficking, under the Trafficking Victims Protection Act of 2000, Public Law 106.386.

Noncitizens whose deportation is being withheld.

Legal Permanent Residents (LPRs) who first entered the country under another exempt category (i.e., as a Refugee, Asylee, Cuban or Haitian Entrant, trafficking victim or noncitizen whose deportation was withheld) and who later converted to LPR status.

Members of a Federally recognized Indian tribe, as defined in 25 U.S.C. 450b(e) as “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”.

Native Americans born in Canada to whom Section 289 of the Immigration and Naturalization Act applies, who are at least 50 percent Native American blood.

Iraqi and Afghani immigrants granted special immigrant status through Section 525 of Title V of Division G of the Consolidated Appropriations Act of 2008 (Public Law 110-161) and Section 1244 (g) of the National Defense Authorization Act (NDAA 2008) (Public Law 110-191). This group will either enter the U.S. as lawful permanent residents with special immigrant visas or will adjust to special immigrant status after entering the U.S. under another immigration status such as asylee or parolee. Iraqi and Afghani special immigrants may receive Federally funded benefits and entitlements to the same extent and for the same period as refugees. Special Immigrant documentation for this group may include (see Appendix A ).

Iraqi or Afghan passport with an Immigrant Visa stamp SI1, SI2, SI3, SQ1, SQ2 or SQ3 and a Department of Homeland Security (DHS) notation on the passport or I-94 showing date of entry.

DHS Form I-551 (“green card”) showing Iraqi or Afghan nationality and stamped SI6, SQ6, SI7, SQ7, SI9 or SQ9.

Compacts of Free Association (COFA) migrants born in the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau with the signing of the Consolidated Appropriations Act of 2024, ( Public Law 118-42 ) .

Public Law 104-193 Sec 403(b)