(A)
What eligibility
standards
are used to determine
citizenship and alien status of individuals applying for or receiving Ohio
works first (OWF)?
.
(1) A
United States (U.S.) citizen or non-citizen national:
The "United States" is defined as the fifty states, the District of
Columbia, Puerto Rico, Guam, Northern Mariana islands, and the American Virgin
islands. In addition, non-citizen nationals from American Samoa or Swain's
island are considered U.S. citizens for purposes of the OWF
program.
(2) Qualified alien:
(a) An alien who at the time of application
or at the time of receipt of OWF is:
(i) An alien lawfully admitted for permanent
residence under the Immigration and Nationality Act (INA) (1952);
(ii) An alien granted asylum under the
INA;
(iii) A refugee who is
admitted to the U.S. under section 207 of the INA,
8
U.S.C. 1157 (5/2005);
(iv) An Afghan or Iraqi alien admitted to the
U.S. who was granted a special immigrant visa (SIV) under section 101(a)(27) of
the INA,
8
U.S.C. 1101 (1/2014);
(v) An alien paroled into the U.S. under
section 212 of the INA for a period of at least one year;
(vi) An alien whose deportation is being
withheld under section 243 of the INA;
(vii) An alien granted conditional entry
pursuant to section 203 of the INA as in effect prior to April 1,
1980;
(viii) An alien who is a
Cuban or Haitian entrant pursuant to 45 C.F.R. 401 (1982);
(ix) An Amerasian admitted pursuant to
section 584 of Public Law (P.L.) 100-202 (12/1987), as amended by P.L. 100-461
(10/1988);
(x) An alien or an
alien's child battered or subjected to extreme cruelty in the U.S. by a spouse
or a parent or by a member of the spouse's or parent's family. This shall not
apply to an alien during any period when the individual responsible for the
abuse is residing in the same residence. Verification and documentation
procedures for this status are defined in exhibit B of attachment 5 of the U.S.
department of justice interim guidance dated November 17, 1997 (62 FR 61344);
and
(xi) A victim of a severe form
of trafficking in persons certified under the Victims of Trafficking and
Violence Protection Act of 2000, Pub.
L. No. 106-386, 114 Stat. 1464 (2000).
(a) A family member of a victim of a severe
form of trafficking in persons who holds a visa, for family members authorized
by the Trafficking Victims Protection Reauthorization Act of 2003, Pub.
L. 108-193, 117 Stat. 2875 (2003).
(b) An alien child pursuant to the William
Wilberforce Trafficking Victims Protection Reauthorization Act of 2008,
22 U.S.C.
7105.
(b) Residents of the U.S. prior to August 22,
1996:
A qualified alien who entered the U.S. prior to August 22, 1996 and
continuously resided in the U.S. until attaining qualified alien status shall
continue to meet the citizenship requirements for OWF
.
(c) Residents of the U.S. on or after August
22, 1996:
A qualified alien who enters the U.S. on or after August 22, 1996 does
not meet the citizenship requirement for OWF with the following exceptions:
(i) Refugee's as described in paragraph
(A)(2)(a)(iii) of this rule, eligibility is limited to five years from the date
of entry into the U.S.;
(ii)
Victims of severe forms of trafficking who are potentially eligible for
benefits and services to the same extent as an alien admitted to the U.S. as a
refugee in accordance with rules 5101:1-2-30.1 and 5101:1-2- 30.3 of the
Administrative Code;
(iii)
Indefinite detainees or lifers after being convicted of a crime that triggers a
final order of removal, may have a status making them potentially eligible in
accordance with rule 5101:1-2-30.2 of the Administrative Code;
(iv) An alien granted asylum under the INA.
Eligibility is limited to five years from the date asylum was
granted;
(v) An Afghan or Iraqi
alien admitted to the U.S. who was granted a special immigrant visa (SIV) under
section 101(a)(27) of the INA,
8
U.S.C. 1101 (1/2014). Eligibility is limited
to five years from the date of entry into the U.S.;
(vi) An alien whose deportation is being
withheld under section 243 of the INA. Eligibility is limited to five years
from the date of entry into the U.S.;
(vii) An alien who is a Cuban or Haitian
entrant pursuant to 45 C.F.R. 401 (1982). Eligibility is limited to five years
from the date the status as a Cuban or Haitian entrant is granted;
(viii) An Amerasian admitted pursuant to
section 584 of Public Law (P.L.) 100-202 (12/1987), as amended by P.L. 100-461
(10/1988). Eligibility is limited to five years from the date the individual
was admitted into the U.S. as an Amerasian immigrant;
(ix) Aliens lawfully admitted into the U.S.
for permanent residence under the INA and have worked forty qualifying quarters
of coverage under Title II of the Social Security Act or can be credited with
quarters that are creditable for any period beginning after December 31,1996
and did not receive any federal means-tested public benefit during any quarter.
Qualifying quarter shall be credited as follows:
(a) All quarters of coverage worked by a
natural or adoptive parent when the quarters were worked before the date the
alien attains age eighteen; and
(b)
All quarters worked by a spouse of such alien during their marriage when the
alien remains married to such spouse or such spouse is deceased.
(c) A qualifying quarter does not include any
quarter after December 31, 1996 when the individual worked and also received a
federal means-tested public benefit.
(x) Veterans and active duty service
personnel lawfully residing in Ohio and are:
(a) A veteran with an honorable discharge and
not on account of alienage; or
(b)
On active duty (other than active duty for training) in the U.S. armed forces
as defined in
38 U.S.C.
5303A(d) (1998).
(c) The surviving spouse of a deceased
veteran or individual on active duty, provided the spouse has not remarried and
the marriage fulfills the requirements of
38 U.S.C.
1304 (1991) or the unmarried dependent
child(ren) of an individual as defined in paragraph (A)(2)(x) of this
rule.
(d) Filipino war veterans who
fought in World War II as described in
38 U.S.C.
107 (2010).
