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S N A P M A N U A L
82 The 5-year waiting period begins on the date the non- citizen obtains status as a qualified non- citizen or enters the U.S. in a qualifying status under 8 USC 1613. The 5 years in qualified status may be either consecutive or nonconsecutive. Temporary absences of less than 6 months from the United States with no intention of abandoning U.S. residency do not terminate or interrupt the individual's period of U.S. residency. If the resident is absent for more than 6 months, the Agency will presume that U.S. residency was interrupted unless the non-citizen presents evidence of his or her intent to resume U.S. residency. In determining whether a non- citizen with an interrupted period of U.S. residency has resided in the United States for 5 years, the Agency will consider all months of residency in the United States, including any months of residency before the interruption. Qualified Non-citizens in the chart directly below are exempt from the five-year U.S. residency requirement and are eligible immediately without a waiting period. Non-Citizen Category Description Amerasians Admitted pursuant to section 584 of Public Law 100-202, as amended by Public Law 100-461 Compacts of Free Association (COFA) Lawfully reside in the U.S. in accordance with section 141 of the Compacts of Free Association between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. Cuban or Haitian Entrants Granted entry as defined in section 501(e) of the Refugee Education Assistance Act of 1980
Non-citizens who are not eligible unless status adjust to an LPR, then they are eligible immediately without a waiting period.
Afghans Granted parole in the Afghanistan Supplemental Appropriations Act, 2022 (Section 2502 of the Act) (Public Law 117-43) under Section 207 of the INA. Asylees Granted asylum under §208(b) of the INA Deportation (or Removal) Withheld Deportation is withheld under §243(h) of the INA as in effect prior to April 1, 1997 or removal is withheld under §241(b)(3) of the INA