Current through Register Vol. 50, No. 9, September 20, 2024
A. Each FITAP
recipient must be a United States Citizen, a non-citizen national, or a
qualified alien. A non-citizen national is a person born in an outlying
possession of the United States (American Samoa or Swain's Island) on or after
the date the U.S. acquired the possession, or a person whose parents are U.S.
non-citizen nationals. A qualified alien is:
1. an alien who is lawfully admitted for
permanent residence under the Immigration and Nationality Act;
2. an alien who is granted asylum under
Section 208 of such Act;
3. a
refugee who is admitted to the United States under Section 207 of such
Act;
4. an alien who is paroled
into the United States under Section 212(d)(5) of such Act for a period of at
least one year;
5. an alien whose
deportation is withheld under §243(h) of such Act [as in effect immediately
before the effective date (April 1, 1997) of
§307 of Division C of
Public Law
104-208] or §241(b)(3) of such Act [as amended by
Section
305(a) of
Division C of Public Law
104-208];
6. an alien who is granted conditional entry
pursuant to §203(a)(7) of such Act as in effect prior to April 1, 1980;
or
7. an alien who is a
Cuban or Haitian entrant, as defined in
§501(e) of the Refugee
Education Assistance Act of 1980;
8. an alien who has been battered or
subjected to extreme cruelty in the United States by a spouse or parent, or by
a member of the spouse's or parent's family residing in the same household as
the alien if the spouse or parent consented to, or acquiesced in, such battery
or cruelty. The individual who has been battered or subjected to extreme
cruelty must no longer reside in the same household with the individual who
committed the battery or cruelty. The agency must also determine that a
substantial connection exists between such battery or cruelty and the need for
the benefits to be provided. The alien must have been approved or have a
petition pending which contains evidence sufficient to establish:
a. the status as a spouse or a child of a
United States citizen pursuant to Clause (ii), (iii), or (iv) of §204(a)(1)(A)
of the Immigration and Nationality Act (INA); or
b. the classification pursuant to Clause (ii)
or (iii) of §204(a)(1)(B) of the INA; or
c. cancellation of removal under §1229b of
the INA (as in effect prior to April 1, 1997); or
d. the status as a spouse or child of a
United States citizen pursuant to Clause (i) of §204(a)(1)(A) of the INA, or
classification pursuant to Clause (i) of §204(a)(1)(B) of the INA;
e. cancellation of removal pursuant to
§1229b(b)(2) of the INA;
9. an alien child of a battered parent or the
alien parent of a battered child as described in
§1223. A 8;
or
10. an alien who is a victim of
a severe form of trafficking in persons or effective May 1, 2006, an eligible
relative of a victim of a severe form of trafficking in persons.
11. an Iraqi or Afghan immigrant who has been
granted Special Immigrant Visa (SIV) status.
B. Time-Limited Benefits. A qualified alien
who enters the United States on or after August 22, 1996, is ineligible for
five years from the date of entry into the United States unless:
1. the alien is admitted to the United States
as a refugee under Section 207 of the Immigration and Nationality
Act;
2. the alien is granted asylum
under Section 208 of such Act;
3.
the alien's deportation is withheld under §243(h) of such Act [as in effect
immediately before the effective date (April 1, 1997) of
§307 of Division C of
Public Law
104-208] or §241(b)(3) of such Act [as amended by
§305(a) of Division C of
Public Law
104-208];
4. the alien is a Cuban or
Haitian entrant as defined in
Section
501(e) of the
Refugee Education Assistance Act of 1980;
5. the alien is an Amerasian immigrant
admitted pursuant to Section 584 of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act of 1988 as amended;
6. the alien is lawfully residing in the
United States and is a veteran (as defined in §§101, 1101, or
1301, or as described in §107 of Title 38, United States Code)
who is honorably discharged for reasons other than alienage and who fulfills
the minimum active-duty service requirements of §5303A(d) of Title 38,
United States Code, his spouse or the unremarried surviving
spouse if the marriage fulfills the requirements of §1304 of Title 38,
United States Code, and unmarried dependent children;
or
7. the alien is lawfully
residing in the United States and is on active duty (other than for training)
in the Armed Forces and his spouse or the unremarried surviving spouse if the
marriage fulfills the requirements of §1304 of Title 38, United States
Code and unmarried dependent children;
8. the alien is a victim of a severe form of
trafficking in persons.
AUTHORITY NOTE:
Promulgated in accordance with
P.L.
111-118,
Section
8120) .