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Subject: Families First Technical Eligibility

Policy 23.03 Date of Last Review: 01/10/2024 Effective Date: 01/15/2024 Date of Next Review: 01/10/2027 RDA: SW22 Page 4 of 6 Term Definition Marriage of the Natural Parents to Each Other If the father of the child born out of wedlock holds the child out as his and the parents are married to each other after the child’s birth, the child is legitimated at the point of the parent’s marriage. The parents may request legitimation by making application for a new Certificate of Birth to the Tennessee Department of Health and Vital Records. Both parents must sign the necessary forms in order for the change in records to be made. A certified copy of the marriage certificate and a notarized request on a form provided by Vital Records must be sent to Vital Records in order to change the child’s birth certificate to show his/her legitimate status. Paternity Proceedings A petition by the mother, the putative father, the Department of Human Services, or someone acting on the child’s behalf is filed in Juvenile Court seeking to have a child’s status legally determined. Qualified Non-Citizen A noncitizen who is lawfully admitted under at least one of the conditions listed below: • A non-citizen lawfully admitted for permanent residence as an immigrant as defined in Sections 101 (a)(15) and 101 (a)(20) of the Immigration and Nationality Act. However, a non-citizen lawfully admitted for permanent residence pursuant to Section 245A of the Immigration and Nationality Act must be eligible as specified in the paragraph below of this section that addresses non-citizens who are defined as aged, blind, or disabled. • A non-citizen who entered the United States prior to January 1, 1972, or some later date as required by law, and has continuously maintained residency in the United States since then, and is not ineligible for citizenship, but is considered to be lawfully admitted for permanent residence as a result of an exercise of discretion by the Attorney General pursuant to Section 249 of the Immigration and Nationality Act. • A non-citizen who is qualified for entry pursuant to section 207 or 208 of the Immigration and Nationality Act; Note: Amerasians in Vietnam, with certain family members, are to be admitted under this section. They should possess INS documents with an identifier in the range of AM1 through AM3 or AM6 through AM8. In Families First these are treated as refugees. An Amerasian is an individual who was: o Born in Vietnam between January 1, 1962, and January 1, 1976. o Fathered by a U.S. citizen. o Residing in Vietnam as of March 20, 1988 (the date of enactment of the Amerasian legislation). Amerasian family members who can be admitted under Section 207 or 208 of the Act include: the spouse or child of an Amerasian if the spouse or child is accompanying or planning to join the Amerasian; and the Amerasian’s natural mother and the spouse or child of the Amerasian’s natural mother or the person who has acted as the Amerasian’s mother, father, or next of kin and such person’s spouse or child if the family member is accompanying or planning to join the Amerasian. • A non-citizen who is an Afghan and has been granted Special Immigrant Status under section 525 of Title V of the Consolidated Appropriations Act of 2008 as described in Section 101(a)(27) of the Immigration and Nationality Act (INA). • A non-citizen who is an Iraqi and has been granted Special Immigrant Status under the National Defense Authorization Act for Fiscal Year 2008, Section 1244 of Public Law 110-181 as described in section 101(a)(27) of the Immigration and Nationality Act (INA).