Appendix D: Eligibility of Iraqi and Afghan Special Immigrants

Section 101(a)(27) of the Immigration and Nationality Act (INA) granted Iraqi and Afghan noncitizens special immigration status. Persons and family members granted these special statuses are legal, permanent residents and qualified noncitizens. Section 525 of Title V of Division G of the Consolidated Appropriations Act of 2008 (Public Law 110-161), signed into law December 26, 2007, and Section 1244 (g) of the National Defense Authorization Act for Fiscal Year 2008 (NDAA 2008) (Public Law 110-181), signed into law on January 28, 2008, granted these individuals assistance and entitlement programs the same as refugees admitted under Section 207 of the INA, except that these benefits are time limited. The eligibility time limit for Afghans was extended from six months to eight months through the Omnibus Appropriations Act of 2009, Division F, Title VI, Afghan Allies Protection Act of 2009, signed into law February 25, 2009. On December 19, 2009, Iraqi and Afghan immigrants granted special immigration status became eligible to receive benefits and services to the same extent as refugees. This change was enacted according to Section 8120 of Public Law Number 111-118, in the Department of Defense Appropriations Act of 2010. The special immigration status exempts these individuals from the five-year ban on receipt of TANF outlined in OPS000901 .

Effective December 26, 2007, Iraqis and Afghans granted this special immigration status may be eligible for cash benefits. In addition, the person's spouse and unmarried children under 21 years of age who are granted this special immigration status and who accompany the person or follow later to join the person may be eligible for cash benefits.

Once it is determined that the applicant or their family meets the special immigrant status, eligibility for the benefit is determined on nonfinancial, income , and resource criteria. For instance, a family applying for Cash Assistance is reviewed for TANF if the family includes a TANF child and meets the applicable income and resource limits.

Iraqi and Afghan immigrants are eligible for Cash Assistance under this special status starting with the date of entry under special immigration status or the date their immigration status was changed to the special immigration status.

Both Iraqi and Afghan special immigrants will either enter the U.S. as lawful permanent residents with the special immigrant visa or will adjust to special immigrant status after entering the U.S. under another immigration status, such as an asylee or parolee.

The following documents will confirm both status and date of entry for Iraqi and Afghan special immigrants for all programs:

Applicant Documentation Principal applicant Iraqi or Afghan special immigrant Iraqi or Afghan passport with an immigrant visa stamp noting that the person has been admitted under IV (Immigrant Visa) Category SQ1 for Iraqis and Afghans or SI1 for Afghans only and for Iraqis, Department of Homeland Security (DHS) stamp or notation on passport or I-94 showing date of entry. Spouse of principal applicant Iraqi or Afghan special immigrant Iraqi or Afghan passport with an immigrant visa stamp noting that the person has been admitted under IV Category SQ2 for Iraqis and Afghans or SI2 for Afghans only and for Iraqis, DHS stamp or notation on passport or I-94 showing date of entry Unmarried child under 21 years of age of principal applicant Iraqi or Afghan special immigrant Iraqi or Afghan passport with an immigrant visa stamp noting that the person has been admitted under IV Category SQ3 for Iraqis and Afghans or SI3 for Afghans only and for Iraqis, DHS stamp or notation on passport or I-94 showing date of entry Principal applicant Iraqi or Afghan special immigrant adjusting status in the U.S. DHS Form I-551 (green card) showing Iraqi or Afghan nationality (or Iraqi or Afghan passport), with an IV code of SQ6 for Iraqis and Afghans or SI6 for Afghans only Spouse of principal applicant of Iraqi or Afghan special immigrant DHS Form I-551 (green card) showing Iraqi or Afghan nationality (or Iraqi or Afghan passport), with an IV code of SQ7 for Iraqis and Afghans or SI7 for Afghans only Unmarried child under 21 years of age of principal applicant Iraqi or Afghan special immigrant DHS Form I-551 (green card) showing Iraqi or Afghan nationality (or Iraqi or Afghan passport), with an IV code of SQ9 for Iraqis and Afghans or SI9 for Afghans only

The CAO must authorize TANF if the family meets all program requirements using program status code (PSC) 00.

The CAO must determine eligibility under this special status for TANF.

Examples:

An Afghan individual, their spouse , and two minor children are admitted to the U.S. as special immigrants on February 14, 2011. The family applies for Cash Assistance in April 2011. The family meets all program requirements. TANF with PSC 00 is authorized beginning April 2011.

An Iraqi family enters the U.S. as noncitizens paroled into the country in December 2010. On January 15, 2011, their status is adjusted to special immigrant. The family applies for Cash Assistance on January 28, 2011. They meet program requirements and TANF is authorized with PSC 00.