Page 42

VIRGINIA DEPARTMENT

OF SOCIAL SERVICES ENERGY ASSISTANCE

06/08 VOLUME IX, CHAPTER C, PAGE 9

b. Ineligible Aliens

Any individual admitted into the United States who does not have a "qualified" alien status as defined by the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) Pub. L 104-193, 110 stat. 2105 enacted August 22, 1996 is not eligible for the EAP.

c. Aliens must meet a qualified status to be eligible for the EAP. Alien status must be verified. "Qualified" alien statuses and documentation of these statuses are listed below.

1) Lawful Permanent Resident (LPR) - An alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act (INA).

Documents verifying LPR status include: • Alien Registration Receipt Card (Form I-151 or AR3a or I-551); or • an unexpired temporary I-551 stamp on foreign passport; or • an Arrival Departure Card (I-94).

A LPR who is an American Indian born in Canada and covered by Section 289 of the USCIS will have: • Form I-551 with the code "S13"; or • a letter or other tribal document certifying at least 50% American Indian blood combined with a birth certificate or other evidence of birth in Canada.

Note: Form I-151, Form AR-3, and AR3a are earlier versions of the I-551. Aliens with these versions should be referred to USCIS to apply for the I-551. 2) Asylee - An alien granted asylum under Section 208 of the INA. Documents verifying an alien granted asylum include: • Form I-94 with a stamp showing grant of asylum under Section 208 of INA; or • Employment Authorization Card (I-688B) bearing "Provision of Law" citation 274a. 12 (a) (5); or • Employment Authorization Document (I-766) annotated "A5"; or • Grant letter from the Asylum Office of USCIS; or • an order of an immigrant judge granting asylum.

TRANSMITTAL #08-1