Current through Register 1531, September 27, 2024
(A)
Lawfully Residing in the U.S. The following
noncitizens are considered lawfully residing in the United States pursuant to
Department of Justice guidance:
(1) A
qualified noncitizen as defined in 106 CMR 362.240;
(2) A noncitizen who has been inspected and
admitted to the U.S. and who has not violated the terms of the status under
which he or she was admitted or to which he or she has adjusted after
admission;
(3) A noncitizen paroled
into the U.S. under section 212(d)(5) for less than one year, except:
(a) noncitizens paroled for deferred
inspection or pending exclusion proceedings pursuant to 236(a) of the INA;
or
(b) noncitizens paroled into the
U.S. for prosecution pursuant to 12(5)(a)(3);
(4) A noncitizen who belongs to one of the
following classes of noncitizens permitted to remain in the U.S. because the
Attorney General has decided, for humanitarian or other public policy reasons,
not to initiate deportation or exclusion proceedings or to enforce departure:
(a) noncitizens currently in temporary
residence status pursuant to section 210 or 245A of the INA;
(b) noncitizens currently under Temporary
Protected Status (TPS) pursuant to section 244AoftheINA;
(c) Cuban/Haitians entrants as defined by
section 202(b) Public Law 99-603 as amended;
(d) Family Unity beneficiaries pursuant to
section 301 of Public Law 99-101-649;
(e) noncitizens currently under Deferred
Enforced Departure (DED) pursuant to a decision by the President;
(f) noncitizens currently in deferred action
status pursuant to Services Operation Instructions at 01242.1(a)(22);
and
(g) noncitizens who are the
spouse or child of a U.S. citizen whose visa petition has been approved and who
have a pending application for adjustment of status;
(5) Applicants for asylum pursuant to 208(a)
of the INA and applicants for withholding of deportation pursuant to 243(h) of
the INA who have been granted employment authorization and such applicants
younger than 14 years old who have had an application pending for at least 180
days.
(B)
Known to Be in the U.S. Unlawfully. Known to be in the
U.S. unlawfully means that:
(1) the
Department has seen a Final Order of Deportation or other determination of the
USCIS or Executive Office of Immigration Review that the noncitizen is present
unlawfully; and
(2) the noncitizen
has applied for SNAP benefits for himself or herself and the Department has
determined him or her ineligible due to unlawful presence.
(C)
Dependent Child.
A dependent child is an unmarried child younger than 18 years old or, if a
full-time student, younger than 22 years old, or a disabled child 18 years of
age or older if the child was disabled and dependent on the parent before 18
years of age.
(D)
Federal Means-tested Program. The following are
federal means-tested programs for purposes of determining qualifying quarters:
SNAP, Transitional Aid to Families with Dependent Children (TAFDC), SSI,
Medicaid, State Child Health Insurance Program (SCHIP), Temporary Assistance
for Needy Families (TANF), Food Assistance Program in Puerto Rico, American
Samoa and the Commonwealth of the Northern Marianas Islands (CNMI).
(E)
Victims of Severe Forms of
Trafficking. In the Trafficking Victims Protection Act, the term
"severe forms of trafficking in persons" means:
(1) Sex trafficking in which a commercial sex
act is induced by force, fraud, or coercion, or in which the person induced to
perform such act has not attained 18 years of age; and/or
(2) The recruitment, harboring,
transportation, provision, or obtaining of a person for labor or services,
through the use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.
(F)
Veterans and Active Duty
Personnel. A noncitizen is a veteran or active duty personnel when
he or she meets one of the following criteria:
(1) is a veteran of the U. S. Armed Forces
with honorable discharge not related to his or her noncitizen status who
fulfilled the minimum active-duty service requirement of 24 months or the
period for which he or she was called to active duty;
(2) is a person on active duty in the U.S.
Armed Forces, other than active duty for training, who fulfills the minimum
active-duty service requirement of 24 months or the period for which he or she
was called to active duty;
(3) is a
spouse of the veteran or the person who died during active duty if:
(a) the spouse has not remarried;
and
(b) the couple was married for
at least one year or for any period if the couple bore a child before or during
the marriage;
(4) is a
spouse or unmarried dependent child as defined in 106 CMR 362.240 of the
veteran or the person on active duty described in 106 CMR 362.240(F)(3)(a) or
(b); or
(5) was a member of the
organized military forces of the Government of the Phillippines while such
forces were in the service of the Armed Forces of the United States pursuant to
the military order dated July 26, 1941, including organized guerrilla forces
under commanders organized by the U.S. Army for service prior to July 1,
1946.
