Page 29

201.7 TANF MANUAL 10/18 Page 1a

4) an alien paroled into the U.S. under Section 212(d)(5) of the INA for a period of at least one year;

5) an alien whose deportation is being withheld under Section 243(h) of the INA (as in effect prior to April 1, 1997) or section 241(b)(3) of the INA (as amended by section 305(a) of division C of Public Law 104- 208);**

6) an alien granted conditional entry pursuant to Section 203(a)(7) of the INA as in effect prior to April 1, 1980;

7) an alien, and/or alien parent of battered children and/or an alien child of a battered parent who is battered or subjected to extreme cruelty while in the U.S.; or

8) an alien who is a Cuban or Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980.***

Note: The State assists qualified aliens to the full extent permitted by federal law***

b. If the qualified alien entered the U.S. prior to August 22, 1996, he is an eligible alien for TANF purposes.

c. If the qualified alien entered the U.S. on or after August 22, 1996, he is ineligible for assistance for five years from the date of entry, unless he is:

1) an alien granted asylum under section 208 of the INA;

2) an alien admitted to the U.S. as a refugee under section 207 of the INA, or an Afghan or Iraqi alien granted special immigrant status, or an alien admitted as an Amerasian immigrant pursuant to section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988 (as contained in section 101(e) of Public Law 100-202 and amended by the 9th proviso under MIGRATION AND REFUGEE ASSISTANCE in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989, Public Law 100-461, as amended);*

3) an alien whose deportation is being withheld under Section 243(h) of the INA (as in effect immediately before the effective date of section 307 of division C of Public Law 104-208) or section 241(b)(3) of the INA (as amended by section 305(a) of division C of Public Law 104- 208); or

* Public Law 105-33 ** Public Law 104-208 *** 1997 Acts of Assembly

TANF Transmittal 65