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West Virginia Income Maintenance Manual Chapter 15
West Virginia Income Maintenance Manual Page 59 Chapter 15 Noncitizens, Refugees, and Citizenship
o Granted temporary resident status in accordance with 8 U.S.C. 1160 or 1255a, respectively; o Granted Temporary Protected Status (TPS) in accordance with 8 U.S.C. §1254a, and individuals with pending applications for TPS who have been granted employment authorization; o Granted employment authorization under 8 CFR 274a, 12(c); o Family Unity beneficiaries in accordance with Section 301 of Pub. L 101-649, as amended; o Under Deferred Enforced Departure (DED) in accordance with a decision made by the President; o Granted Deferred Action status; o Granted an administrative stay of removal under 8 CFR 241; or o Beneficiary of approved visa petition who has a pending application for adjustment of status; • Is an individual with a pending application for asylum under 8 U.S.C. 1158, or for withholding of removal under 8 U.S.C. 1231, or under the Convention Against Torture who: o Has been granted employment authorization; or o Is under the age of 14 and has had an application pending for at least 180 days. • Has been granted withholding of removal under the Convention Against Torture; • Is a child who has a pending application for special Immigrant Juvenile status as described in 8 U.S.C. 1101(a)(27)(J); • Is lawfully present in American Samoa under the immigration laws of American Samoa; or • Is a victim of severe trafficking in persons, in accordance with the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. 106-386, as amended (22 U.S.C.7105[b]). Lawfully Present Noncitizen Example 1: A 23-year-old student is attending Marshall University on a valid student visa. She becomes pregnant and applies EXCEPTION: An individual with deferred action under the Department of Homeland Security’s deferred action for the childhood arrivals process, as described in the Secretary of Homeland Security’s June 15, 2012 memorandum, shall not be considered to be lawfully present with respect to any of the above categories in paragraphs one through nine of this definition.