New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 119 - REFUGEE RESETTLEMENT PROGRAM
Part 410 - RECIPIENT POLICIES - GENERAL RECIPIENT REQUIREMENTS
Section 8.119.410.8 - GENERAL RECIPIENT REQUIREMENTS
Universal Citation: 8 NM Admin Code 8.119.410.8
Current through Register Vol. 35, No. 18, September 24, 2024
A. Citizenship
(1) To be eligible for inclusion in the RCA
benefit group, the applicant must be classified as a "refugee."
(2) To be eligible for inclusion in the RRP
benefit group the individual must provide proof, in the form of documentation
issued by USCIS, of one of the following statuses under the INA as a condition
of eligibility:
(a) paroled as a refugee or
asylee under section 212(d)(5) of INA; or
(b) admitted as a refugee under section 207
of the INA; or
(c) granted asylum
under section 208 of the INA; or
(d) Cuban and Haitian entrants including:
(i) any individual granted parole status as a
Cuban/Haitian entrant (status pending) or granted any other special status
subsequently established under the immigration laws for nationals of Cuba or
Haiti, regardless of the status of the individual at the time assistance or
services are provided; and
(ii) any
other national of Cuba or Haiti who was paroled into the U.S. and has not
acquired any other status under the INA; is the subject of exclusion or
deportation proceedings under the INA; or has an application for asylum pending
with the INS; and with respect to whom a final, non-appealable, and legally
enforceable order of deportation or exclusion has not been entered;
or
(e) certain
Amerasians from Vietnam who are admitted to the U.S. as immigrants pursuant to
section 584 of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1988 (as contained in section 101(e) of the 9th proviso
under Migration and Refugee Assistance in title II of the Foreign Operations,
Export Financing, and Related Programs Appropriations Acts 1989 (Public Law
100-461 as amended)); or
(f)
admitted for permanent residence, provided the individual previously held one
of the statuses identified above.
(3) An applicant for asylum is not eligible
for assistance under title IV of the INA unless otherwise provided by federal
law.
B. Time limits:
(1) Eligibility for RCA is limited to 12
months from the date of entry, date of asylum, or date deportation was
withheld.
(2) For refugee
assistance cases involving U.S. born children, the eligibility for RCA for the
child expires when the refugee parent who last arrived in the U.S. has been in
the country for eight months.
C. General eligibility requirements:
(1) RCA eligibility is limited to those who
are ineligible for TANF. The benefit groups' eligibility for TANF must be
determined before determining eligibility for RCA.
(2) An individual who is enrolled full-time
in an institution of higher education will be ineligible to participate in the
RCA program except where such enrollment has been approved as part of the
individual's individual employability plan (IEP) and in which the enrollment
will last for a period of less than one year.
(a) An individual is considered to be
enrolled in an institution of higher education, if the individual is enrolled
in a business, technical, trade or vocational school, that normally requires a
high school diploma or equivalency certificate for enrollment in the curriculum
or if the individual is enrolled in a regular curriculum at a college or
university that offers degree programs regardless of whether a high school
diploma is required.
(b) The
enrollment status of a student shall begin on the first day of the school term.
Such enrollment shall be deemed to continue through normal periods of class
attendance, vacation and semester breaks. Enrollment status shall terminate
when the student graduates, is expelled, does not re-enroll or is suspended for
a period in excess of 30 calendar days.
(3) A refugee must provide the name of the
resettlement agency which was responsible for their resettlement.
(4) Possession of a social security number is
not a requirement of eligibility for RCA.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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