New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 90 - WORK FIRST NEW JERSEY PROGRAM
Subchapter 2 - NON-FINANCIAL ELIGIBILITY REQUIREMENTS
Section 10:90-2.10 - WFNJ TANF/GA citizenship/eligibility requirements
Universal Citation: NJ Admin Code 10:90-2.10
Current through Register Vol. 56, No. 18, September 16, 2024
(a) Only those persons who are United States citizens, or eligible aliens shall be eligible for WFNJ TANF/GA benefits. In addition, for WFNJ/GA eligibility purposes only, those persons permanently residing in the United States under color of law as of August 21, 1996 are considered eligible for WFNJ/GA benefits.
1. Eligible
alien means an alien as defined in the provisions of section 431 of Title IV of Federal Public law 104-193
pursuant to section 101 of the Immigration and Nationality Act (INA) (
42 U.S.C. §§
601 and
602 ).
(b) The following individuals are considered to be eligible aliens:
1. An alien present in the United States prior to August 22, 1996, and who
is:
i. A lawful permanent resident;
ii. A refugee, pursuant to section 207 of the Immigration and Nationality
Act;
iii. An asylee pursuant to section 208 of the Immigration
and Nationality Act;
iv. An alien who has had deportation
withheld pursuant to section 241(b)(3) of the Immigration and Nationality Act (
8 U.S.C. §§
1101 et seq.);
v. An alien who
has been granted parole for at least one year by the Immigration and Naturalization Service pursuant to
section 212(d)(5) of the Immigration and Nationality Act;
vi. An
alien granted conditional entry pursuant to section 203(a)(7) of the immigration laws in effect before April
1, 1980;
vii. An alien who is honorably discharged or on active
duty in the United States armed forces and his or her spouse and the unmarried dependent children of the
alien or spouse;
viii. An alien who is a Cuban or Haitian entrant
as defined in Section 501(e) of the Refugee Education Assistance Act of 1980;
ix. An alien admitted to the United States as an Amerasian immigrant as
described in Section 402(a)(2)(A)(i)(V) of the Refugee Education Assistance Act of 1980;
x. An alien who obtained one of the statuses in (b)1i through ix above
after August 22, 1996 if the alien was continuously present in the United States from the latest date of
entry prior to August 22, 1996, until he or she obtained qualified alien status. In general, any single
absence from the United States of more than 30 days, or a total of aggregated absences of more than 90 days
shall be considered to interrupt continuous presence; or
xi. An
alien who is a victim of human trafficking; and
2. An
alien entering the United States on or after August 22, 1996 and who is an alien described in (b)1ii, iii,
iv, vii, viii or ix above.
i. An alien described in (b)1i, v or vi above is
not eligible until five years after entry into the United States.
3. Certain eligible aliens, regardless of their date of entry into the
United States, as provided in Section 431 of Title IV of Federal
P.L. 104-193 pursuant to
Section 101 of the INA who resided in the United States and are victims of domestic violence, subject to
certain conditions as described below:
i. The alien has been battered or
subjected to extreme cruelty in the United States by a spouse or a parent or by a member of the spouse or
parent's family residing in the same household as the alien and the spouse or parent acquiesced to such
battery or cruelty; or
ii. The alien's child has been battered or
subjected to extreme cruelty in the United States by the spouse or parent of the alien (without the active
participation of the alien in the battery or cruelty), or by a member of the spouse or parent's family
residing in the same household as the alien when the spouse or parent acquiesced to and the alien did not
actively participate in such battery or cruelty; and
iii. In
addition to the provisions described in (b)4i or ii above, if the individual responsible for the battery or
cruelty continues to reside in the same household or family assistance unit as the individual who was
subjected to such battery or cruelty, then the alien shall be ineligible for benefits.
iv. Federal law stipulates that the Attorney General of the United States
shall issue guidance in the Attorney General's sole and unreviewable discretion concerning:
(1) The meaning of the terms "battery" and "extreme cruelty"; and
(2) The standards and methods to be used for determining whether a
substantial connection exists between battery or cruelty suffered and an individual's need for benefits under
a specific Federal, State or local program.
v. Until
such time as specific guidance is issued by the Attorney General in accordance with (b)4iv above, the alien's
statement, taken in the form of an affidavit, shall be accepted as documentation that the alien or the
alien's child is subject to battery or extreme cruelty and the alien and the child(ren) shall be eligible for
assistance.
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