Current through Register Vol. 6, March 22, 2024
(1) Except as provided by this rule, only
U.S. citizens and qualified aliens are eligible for TANF Cash
Assistance.
(2) A qualified alien
is a noncitizen who:
(a) was admitted to the
U.S. as a refugee under section 207 of the Immigration and Nationality Act
(INA) for only seven years from the date of entry;
(b) was granted asylum under section 208 of
the INA for only seven years from the date of entry;
(c) has had deportation withheld under
section 243(h) of the INA for only seven years from the date of entry;
or
(d) was granted parole for at
least one year under section 21(d)(5) of the INA;
(e) was granted conditional entry under
immigration law in effect before April 1, 1980;
(f) is a Cuban/Haitian entrant as defined in
section 501(e) of the Refugee Education Assistance Act of 1980, if entry
occurred within the last seven years, including:
(i) any alien granted parole status as a
Cuban/Haitian entrant; or
(ii) any
alien granted any other special status for nationals of Cuba or Haiti;
or
(iii) any alien who is a
national of Cuba or Haiti and who:
(A) was
paroled into the U.S., but has not acquired any other status; or
(B) is the subject of removal proceedings or
has an application for asylum pending; and
(C) does not have a final order for removal
entered;
(g)
is an Amerasian immigrant who was admitted to the U.S. pursuant to section 584
of the Foreign Operations, Export Financing and Related Programs Appropriations
Act of 1988, if admitted within the last seven years, including any alien
lawfully admitted for permanent residence if the alien was a resident of
Vietnam on December 22, 1987 and if the alien was born in Vietnam after January
1, 1962 and before January 1, 1976; and
(i)
was fathered by a U.S. citizen; or
(ii) is the spouse, child, natural mother, or
who acted as the mother, father or next of kin to the alien described in
(2)(g)(i), if accompanying or following the alien described in (2)(g)(i) to the
U.S. and if admission is necessary to maintain family unity;
(h) is an American Indian born in
Canada if at least 50% American Indian blood and considered lawfully admitted
for permanent residence;
(i) is a
member of a federally recognized Indian tribe under the Indian Self
Determination and Education Assistance Act and considered lawfully admitted for
permanent residence;
(j) is a
battered spouse or child or a person who has been subjected to extreme cruelty
in the U.S. pursuant to the requirements of
8 USC
1641 (c), if:
(i) the applicant verifies that battery or
extreme cruelty was inflicted on the applicant, applicant's child or the child
applicant's parent by providing proof that a case was established by INS;
and
(ii) there is a substantial
connection between the abuse and the applicant's need for benefits;
and
(iii) the applicant does not
reside with the abuser;
(k) is lawfully admitted to the U.S. for
permanent residence and:
(i) the alien
entered the U.S. as a refugee within the last seven years and the alien's
status has changed to "lawfully admitted for permanent residence"; or
(ii) the alien was granted asylum within the
last seven years and the asylee's status has changed to "lawfully admitted for
permanent residence"; or
(iii) the
alien had deportation withheld under section 243(h) of the INA within the last
seven years and the alien's status has changed to "lawfully admitted for
permanent residence"; or
(iv) the
alien was admitted as a Cuban/Haitian entrant as defined in section 501(e) of
the Refugee Education Assistance Act of 1980 within the last seven years and
the alien's status has changed to "lawfully admitted for permanent residence";
or
(v) the alien was admitted as an
Amerasian immigrant under section 584 of the Foreign Operations, Export
Financing and Related Programs Appropriations Act of 1988 within the last seven
years and the alien's status has changed to "lawfully admitted for permanent
residence"; or
(vi) the alien
entered the U.S. before August 22, 1996 and can be credited with 40 qualifying
quarters of work, cumulated as defined in (4) and (5); or
(vii) the alien entered the U.S. on or after
August 22, 1996 and has resided in the U.S. for five years and can be credited
with 40 qualifying quarters of work, cumulated as defined in (4) and
(5);
(l) is a veteran of
the U.S. Armed Forces and who received an honorable discharge not because of
alienage;
(m) is a Hmong or other
Highland Lao veteran who fought on behalf of the U.S. Armed Forces during the
Vietnam conflict;
(n) is on active
duty in the U.S. Army, Navy, Air Force, Marine Corps or Coast Guard and who is
not on active duty for training purposes;
(o) is the spouse of an alien veteran or an
alien on active duty as described in (2)(l) through (n);
(p) is the unmarried child of an alien
veteran or alien on active duty as described in (2)(l) through (n);
or
(q) is a victim of a severe form
of trafficking as determined by the U.S. Department of Health and Human
Services for only seven years from the date of entry.
(3) Qualified aliens entering the U.S. on or
after August 22, 1996 are not eligible for TANF cash assistance benefits for a
period of five years from the date of entry unless they are:
(a) refugees;
(b) asylees;
(c) aliens whose deportation was withheld
under section 243(h) of the INA;
(d) honorably discharged veterans or aliens
on active duty in the U.S. Armed Forces, or the spouse and/or unmarried child
of honorably discharged veterans or aliens on active duty;
(e) Cuban/Haitian entrants as defined in
section 501(e) of the Refugee Assistance Act of 1980;
(f) Amerasian immigrants admitted to the U.S.
pursuant to section 584 of the Foreign Operations, Export Financing and Related
Programs Appropriations Act of 1988;
(g) enrolled members of a
federally-recognized Indian tribe under section 4(e) of the Indian Self
Determination and Education Assistance Act; or
(h) a victim of a severe form of trafficking
as determined by the U.S. Department of Health and Human Services.
(4) If the alien entered the U.S.
before August 22, 1996 or five years have passed since the alien entered the
U.S., the work quarter requirement may be met, subject to (5), by cumulating
quarters worked by:
(a) the alien;
(b) the alien's living parents (including
stepparents) if the quarters were earned while the alien was under age
18;
(c) the alien's deceased
parents (including stepparents) if the quarters were earned while the alien was
under age 18; or
(d) the alien's
spouse if the quarters were earned during the marriage and if the alien is
still married to that spouse or if the spouse is deceased.
(5) No work quarters may be credited for any
period after December 31, 1996 if any of the persons listed in (4)(a) through
(d) received any federal means-tested benefits during the period the work
quarters were earned.
(6) An alien
who meets all financial and nonfinancial eligibility criteria is eligible to
receive TANF cash assistance benefits only for a period of seven years from the
date INS designates the alien as one of the following and if the alien was:
(a) admitted to the U.S. as a refugee under
section 207 of the INA; or
(b)
granted asylum under section 208 of the INA; or
(c) withheld from deportation under section
243(h) of the INA; or
(d) admitted
as a Cuban/Haitian entrant as defined in section 501(e) of the Refugee
Education Assistance Act of 1980; or
(e) admitted as an Amerasian immigrant under
section 584 of the Foreign Operations, Export Financing and Related Programs
Appropriations Act of 1988.
(7) A person must be a U.S. citizen to be
eligible for nonfinancial assistance.
53-2-201,
53-4-212,
MCA; IMP,
53-2-201,
53-4-211,
53-4-231,
MCA;