Policy Effective: September 30, 2023

For the Family Employment Programs (FEP and FEP-TP), Adoption Assistance (AA), and Emergency Assistance (EA) non-citizens must meet criteria to be “Qualified”. For RCA Child Care, follow policy 215-2C . Customers are required to provide proof of immigration status, in the form of documentation issued by United States Citizenship and Immigration Services (USCIS).

***Note: Qualified Non-Citizen criteria only applies to children. Citizenship requirements do not apply to parents.

Qualified Non-Citizen Status is defined as:

A non-citizen lawfully admitted into the U.S. for permanent residence (LPR): Proof is a USCIS Form I-151, I-551, or I-94.

** Note : For Sponsored non-citizens see additional requirements in policy 260

Iraqi and Afghani non-citizens who enter as a Special Immigrants under PL 109-163 and PL 110-181 are admitted as lawful permanent residents. Proof is an Iraqi or Afghani passport with an immigrant visa stamp noting the individual has been admitted under IV (Immigrant Visa) Category and USCIS stamp or notation on passport, or I-94 showing date of entry.

A non-citizen who is an Iraqi or Afghani Special Immigrant Visa Holder, while not identified as a refugee, shall be eligible for benefits and services under any Federal or State program or activity funded or administered by any Federal agency to the same extent as a non-citizen who is admitted to the United States as a refugee under Section 207 of the Immigration and Nationality Act (INA).

A citizen or national of Afghanistan who was admitted to the United States with SI/SQ Parole (per section 602(B)(1) AAPA and section 1059(a) NDAA 2006), Special Immigrant (SI) Conditional Permanent Residence (CPR), or Humanitarian Parole status (per the Afghanistan Supplemental Appropriations Act, 2022); and their spouses and children.

A non-citizen lawfully admitted into the U.S. as a refugee under section 207 of the INA): Proof is a USCIS Form I-94.

A non-citizen granted asylum under section 208 of the INA. Proof is a USCIS Form I-94, an Order of an Immigration Judge granting asylum, or an Asylum Approval Letter from an USCIS Asylum Office.

A non-citizen lawfully admitted into the U.S. as a conditional entrant under section 203(a)(7) of the INA as in effect prior to April 1, 1980: Proof is a USCIS Form I-94.

A non-citizen paroled into the United States under section 212(d)(5) of the INA for at least one year. Proof is USCIS Form I-94.

For Cuban/Haitian Parolees, see #7.

Certain Amerasians admitted into the United States: This includes Amerasian immigrants. Proof is a USCIS Form I-151, I-551, or I-94 with class codes AM1, AM2, or AM3.

A Cuban or Haitian entrant admitted under Section 501(e) of the Refugee Education Assistance Act of 1980 or a Cuban/Haitian entrant that is paroled under section 210(d)(5) of the INA.

A national of Afghanistan granted parolee status under 212(d)(5)(A), DHS stamp noting OAR or OAW, or an Employment Authorization card showing a C11 code with a date of entry between July 31, 2021 and September 30, 2023.

A National from Afghanistan admitted after September 30, 2023, who is the spouse or child of a parolee described above, or who is the legal parent or guardian of a child determined to be an unaccompanied child.

This status expires on September 30, 2023 or the expiration of the original parolee status whichever is later.

After the expiration of the status the immigrant will continue as a parolee under this rule as long as they have applied for or been granted asylum, re-parole or an extension to the parole status.

Children under age 14 as of September 26, 2023, who have not applied for asylum or an extension will be granted an additional 2-year extension even if other household members have expired statuses.

A national from Ukraine that is paroled under 212(d)(5) or 8 USC 1182 (d) (5) of the INA, has a DSH admission stamp of DT, passport with a stamp of United for Ukraine (U4U), or an Employment Authorization Code of C11 with a date of entry between Feb 24, 2022-Sep 30, 2023. Individuals qualify under this category until the expiration of their original status. Once their original status expires, they will be considered under their new status.

A National from the Ukraine admitted after September 30, 2023, who is the spouse or child of a parolee described above, or who is the legal parent or guardian of a child determined to be an unaccompanied child.

A non-citizen whose deportation is being withheld under section 243(h) or 241(b)(3) of the INA as amended by division C of PL 104-208

Certain battered non-citizens as defined in section 1641(c) of the U.S. Code. A Qualified Non-Citizen under the term Battered Non-Citizen is a non-citizen:

who has been battered or subjected to extreme cruelty by a spouse, parent of the non-citizen, or member of the spouse or parent’s family residing in the same household as the non-citizen and the spouse or parent consented to, or acquiesced in, such battery or cruelty, and the non-citizen did not actively participate in such battery or cruelty; or

whose child has been battered or subjected to extreme cruelty in the United States by a spouse or parent of the non-citizen (without active participation of the non-citizen in the battery or cruelty), or by a member of the spouse or parent’s family residing in the same household as the non-citizen and the spouse or parent consented to, or acquiesced in, such battery or cruelty, and the non-citizen did not actively participate in such battery or cruelty; or

child who resides in the same household as a parent who has been battered or subjected to extreme cruelty in the United States by that parent's spouse or by a member of the spouse's family residing in the same household as the parent and the spouse consented or acquiesced to such battery or cruelty; and

only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for Financial assistance; and

has been approved or has a petition pending which sets forth a prima facie case for:

Immediate relative of a citizen of the United States after the date of the citizen's death but only if the spouse files a petition under 8 U.S.C. section 1154(a)(1)(A)(ii) within 2 years after such date and only until the date the spouse remarries.

The non-citizen who is a spouse or child of a United States citizen, who is eligible to be classified as an immediate relative under 8 U.S.C. 1151(b)(2)(A)(i), who during the marriage the non-citizen or a child of the non-citizen was or has been battered by or has been the subject of extreme cruelty perpetrated by the non-citizen’s citizen parent or spouse, and whose removal, in the opinion of the Attorney General, would result in extreme hardship to the non-citizen or a child of the non-citizen.

The non-citizen who is eligible to be classified as a spouse or unmarried child of a non-citizen lawfully admitted for permanent residence under 8 U.S.C. 1153(a)(2)(A), who during the period of residence with the permanent resident, the non-citizen or a child of the non-citizen has been battered by or has been the subject of extreme cruelty perpetrated by the non-citizen’s permanent resident parent or spouse, and whose removal, in the opinion of the Attorney General, would result in extreme hardship to the non-citizen or a child of the non-citizen.

Cancellation of removal and adjustment of status under 8 U.S.C. 1229b.

Battered non-citizen classification shall not apply to a non-citizen during any period in which the battered individual resides in the same household as the individual responsible for such battery or cruelty.

Non-Citizens certified as Victims of Severe Forms of Trafficking: A Qualified Non-Citizen under the term Victim of Severe Forms of Trafficking is a non-citizen: Who has been certified by the Federal Office of Refugee Resettlement (ORR) and has been issued a Certification Letter that identifies the certification date.

The Trafficking Victims Protection Act 2002 requires a non-citizen, who is a Victim of a Severe form of Trafficking while not identified as a refugee, shall be eligible for benefits and services under any Federal or State program or activity funded or administered by any Federal agency to the same extent a non-citizen who is admitted to the United States as a refugee under Section 207 of the Immigration and Nationality Act.

Certification extends to the individual’s family members. In order for the family members to be included in the case, they must meet and the requirements of Derivative T Visas or U Visas issued based on trafficking.

Customers are required to provide proof of their immigration status, in the form of documentation issued by USCIS. For Child Care, the requirement only applies to the children. See section 720-7 for information on verifying non-citizen status.