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West Virginia Income Maintenance Manual Chapter 15

West Virginia Income Maintenance Manual Page 57 Chapter 15 Noncitizens, Refugees, and Citizenship

15.7.5.B.1 Qualified Noncitizen A qualified noncitizen is: • A noncitizen who is lawfully admitted for permanent residence (LPR) under the INA and was admitted before August 22, 1996 • A noncitizen who is granted asylum under Section 208 of the INA, eligible for seven years from entry to U.S. • A refugee who is admitted to the U.S. under Section 207 of the INA, including immigrants who have been certified by the U.S. DHHS to be victims of a severe form of trafficking in persons in accordance with the victims of Trafficking and Violence Protection Act of 2000 (P.L.106-386), and Afghan and Iraqi special immigrant visa holders eligible for seven years from entry to the U.S. • A noncitizen whose deportation is being withheld under Section 243(h) of the INA, eligible for seven years from date of status • An Amerasian immigrant under 584 of the FOEFRPAA who entered the U.S. within the last five years, participation limited to seven years from entry into the U.S. • A Cuban or Haitian entrant under Section 501(e) of the REAA who entered the U.S. within the last five years, participation limited to seven years from entry • An American Indian born in Canada to whom the provisions of 8 U.S.C. 1359 apply • A member of an Indian tribe as defined in 25 U.S.C. 450B(e) • An honorably discharged veteran, his spouse, and unmarried dependent children • A noncitizen who is active duty in the U.S. Armed Forces, other than duty for training, their spouse, and unmarried dependent children • The surviving spouse of a deceased veteran or service member, provided the spouse has not remarried and the marriage fulfills the following requirements: o Married for at least one year; or o Married before the end of a fifteen-year time span following the end of the period of military service in which the injury or disease was incurred or aggravated; or o Married for any period if a child was born of the marriage or was born before the marriage. • Noncitizens receiving SSI • Compact of Free Association (COFA) migrants, effective December 27th, 2020