Oregon Administrative Rules
Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS
Division 120 - GENERAL NONFINANCIAL ELIGIBILITY REQUIREMENTS
Section 461-120-0125 - Noncitizen Status Requirements
Universal Citation: OR Admin Rules 461-120-0125
Current through Register Vol. 63, No. 9, September 1, 2024
An individual who must meet noncitizen status requirements under OAR 461-120-0110, must meet the noncitizen status requirements of the program for which they are applying. The requirements are listed in sections (2) through (6) of this rule.
(1) For purposes of this chapter of rules,
(a) In all programs, an individual is a
"qualified noncitizen" if the individual is any of the following:
(A) An individual who is lawfully admitted
for permanent residence under the Immigration and Nationality Act (INA)
(8 U.S.C.
1101
et seq).
(B) An Iraqi or Afghan individual granted
special immigrant visa status (SIV) under section 101(a)(27) of the INA. These
individuals are lawfully admitted for permanent residence under the
INA.
(C) An individual who is an
"Amerasian" who is granted immigration status under
section
584 of Public Law 100-202; the Foreign
Operations, Export Financing, and Related Program Appropriations Act of 1988;
as amended by Public Law 100-461. These individuals are lawfully admitted for
permanent residence under the INA.
(D) An individual who is admitted to the
United States as a refugee under section 207 of the INA (8 U.S.C.
1157).
(E) An individual who is granted asylum under
section 208 of the INA (8
U.S.C. 1158).
(F) An individual who is a "Cuban or Haitian
entrant" (as defined in section 501(3) of the Refugee Education Assistance Act
of 1980).
(G) An individual who is
a "victim of a severe form of trafficking in persons" certified under the
Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C.
7101 to
7112).
(H) An individual who is 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 (22 U.S.C.
7101 to
7112).
(I) An individual whose deportation is being
withheld under section 243(h) of the INA (8 U.S.C.
1253(h)) (as in effect
immediately before April 1, 1997) or section 241(b)(3) of the INA
(8 U.S.C.
1231(b)(3)) (as amended by
section 305(a) of division C of the Omnibus Consolidated Appropriations Act of
1997, Pub. L. No.
104-208, 110 Stat. 3009-597 (1996)).
(J) An individual who is paroled into the
United States under section 212(d)(5) of the INA (8 U.S.C.
1182(d)(5)) for a period of
at least one year.
(K) An
individual who is granted conditional entry pursuant to section 203(a)(7) of
the INA (8 U.S.C.
1153(a)(7)) as in effect
prior to April 1, 1980.
(L) An
individual who is a battered spouse or dependent child who meets the
requirements of 8 U.S.C.
1641(c), as determined by
the U.S. Citizenship and Immigration Services (USCIS).
(b) In the OSIPM and QMB programs, in
addition to subsection (a) of this section, an individual is a "qualified
noncitizen" if the individual is from the Federated States of Micronesia, the
Republic of the Marshall Islands, and the Republic of Palau who lawfully reside
in the United States in accordance with the Compacts of Free Association. The
provisions in this subsection are retroactively effective December 28,
2020.
(2) In all programs except the REF and REFM programs, an individual meets the noncitizen status requirements if the individual is one of the following:
(a) An Indigenous, First Nation, Inuit,
Metis, or Aboriginal individual who is born in Canada to whom the provisions of
section 289 of the INA (8
U.S.C. 1359) apply.
(b) A qualified noncitizen
(see section (1) of this rule) who is any of the following:
(A) A veteran of the United States Armed
Forces who was honorably discharged for reasons other than noncitizen status
and who fulfilled the minimum active-duty service requirements described in
38 U.S.C.
5303A(d).
(B) A member of the United States Armed
Forces on active duty (other than active duty for training).
(C) The spouse, the un-remarried surviving
spouse, or an unmarried dependent child, of an individual described in
paragraphs (A) or (B) of this subsection.
(3) In the TANF program, an individual meets the noncitizen status requirements if the individual is one of the following:
(a) An individual who is a qualified
noncitizen (see subsection (1)(a) of this rule).
(b) An individual who is a noncitizen who is
currently experiencing domestic violence (see OAR
461-001-0000) or who has a
safety concern related to domestic violence.
(c) Effective October 1, 2021 until March 31,
2023, or through the end of their parole, whichever is later:
(A) An individual who is a citizen or
national of Afghanistan paroled into the U.S. between July 31, 2021 through
September 30, 2023.
(B) An
unmarried child under the age of 21 or spouse of an individual listed in
paragraph (A) of this subsection, who is paroled into the U.S. after September
30, 2022.
(C) A parent or legal
guardian of an individual listed in paragraph (A) of this subsection, who is
determined to be an unaccompanied child as defined by
6 U.S.C. §
279(g)(2), who is paroled
into the U.S. after September 30, 2022.
(d) Effective October 1, 2021:
(A) An individual who is a citizen or
national of Afghanistan who was granted Special Immigrant Conditional Permanent
Resident status on or after July 31, 2021.
(B) An individual who is a citizen or
national of Afghanistan who was granted Special Immigrant SQ/SI Parole status
on or after July 31, 2021.
(C) An
unmarried child under the age of 21 or spouse of an individual listed in
paragraph (A) or (B) of this subsection.
(D) A parent or legal guardian of an
individual listed in paragraph (A) or (B) of this subsection who is determined
to be an unaccompanied child as defined by
6 U.S.C. §
279(g)(2).
(e) Effective May 21, 2022,
through the end of their parole:
(A) An
individual who was paroled into the U.S. between February 24, 2022, and
September 30, 2023, and meets one of the following:
(i) Is a citizen or national of
Ukraine.
(ii) Last habitually
resided in Ukraine.
(B)
An individual who was paroled after September 30, 2023, and who is one of the
following:
(i) An unmarried child, defined in
section 101(b) of the Immigration and Nationality Act (INA) (8 U.S.C. §
1101(b)), under the age of
21.
(ii) The spouse of an
individual listed in paragraph (A) of subsection (d).
(C) An individual who was paroled into the
U.S. after September 30, 2023, and is one of the following:
(i) A parent, legal guardian, or primary
caregiver of an unaccompanied refugee minor, as defined in section 412(d)(2)(B)
of the INA (8 U.S.C. §
1522(d)(2)(B)).
(ii) An unaccompanied child, as defined in
section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. §
279(g)(2)).
(4) In the OSIPM and QMB programs an individual meets the noncitizen status requirements if the individual meets any of the following:
(a) The individual has been
granted a USCIS status listed under paragraphs (1)(a)(B) through (1)(a)(I) or
paragraph (1)(b) of this rule.
(b)
Effective October 1, 2009, the individual is a qualified
noncitizen and is under 19 years of age.
(c) The individual was a qualified
noncitizen before August 22, 1996.
(d) The individual has been granted a USCIS
status listed under paragraphs (1)(a)(A), and (1)(a)(J) through (1)(a)(L) and
meets one of the following:
(A) Physically
entered the United States or was granted the USCIS status on or after August
22, 1996; and has been in the U.S. for five years beginning on the date the
USCIS status was granted.
(B)
Physically entered the United States before August 22, 1996 and was
continuously present in the United States between August 22, 1996, and the date
the USCIS status was granted. An individual is not continuously present in the
United States if the individual is absent from the United States for more than
30 consecutive days or a total of more than 90 days between August 22, 1996 and
the date the USCIS status was granted.
(e) The individual is under the age of 19 and
is one of the following:
(A) An individual
described in 8 CFR section 103.12(a)(4) who belongs to one of the following
classes of noncitizens permitted to remain in the United States because the
Attorney General has decided for humanitarian or other public policy reasons
not to initiate deportation or exclusion proceedings or enforce departure:
(i) An individual currently in temporary
resident status pursuant to section 210 or 245A of the INA (8 USC
1160 and
1255a);
(ii) An individual currently under Temporary
Protected Status (TPS) pursuant to section 244 of the INA (8 USC
1229b);
(iii) An individual who is a "Cuban or
Haitian entrant," as defined in section 202(b) Pub. L. 99-603 (8 USC
1255a), as amended;
(iv) Family Unity beneficiaries pursuant to
section
301 of
Pub. L.
101-649 (8 USC 1255a), as amended;
(v) An individual currently under Deferred
Enforced Departure (DED) pursuant to a decision made by the
President;
(vi) An individual
currently in deferred action status pursuant to Department of Homeland Security
Operating Instruction OI 242.1(a)(22); or
(vii) An individual who is the spouse or
child of a United States citizen whose visa petition has been approved and who
has a pending application for adjustment of status.
(B) An individual in non-immigrant
classifications under the INA who is permitted to remain in the U.S. for an
indefinite period, including those individuals as specified in section
101(a)(15) of the INA (8 USC
1101).
(f) In the OSIPM program, is receiving
Supplemental Security Income (SSI) benefits.
(g) In the QMB program, is receiving SSI and
Medicare Part A benefits.
(h)
Effective July 31, 2021 until March 31, 2023, or through the end of their
parole, whichever is later:
(A) An individual
who is a citizen or national of Afghanistan paroled into the U.S. between July
31, 2021 through September 30, 2023.
(B) An unmarried child under the age of 21 or
spouse of an individual listed in paragraph (A) of this subsection, who is
paroled into the U.S. after September 30, 2022.
(C) A parent or legal guardian of an
individual listed in paragraph (A) of this subsection, who is determined to be
an unaccompanied child as defined by
6 U.S.C. §
279(g)(2), who is paroled
into the U.S. after September 30, 2022.
(i) Effective July 31, 2021:
(A) An individual who is a citizen or
national of Afghanistan who was granted Special Immigrant Conditional Permanent
Resident status on or after July 31, 2021.
(B) An individual who is a citizen or
national of Afghanistan who was granted Special Immigrant SQ/SI Parole status
on or after July 31, 2021.
(C) An
unmarried child under the age of 21 or spouse of an individual listed in
paragraph (A) or (B) of this subsection.
(D) A parent or legal guardian of an
individual listed in paragraph (A) or (B) of this subsection who is determined
to be an unaccompanied child as defined by
6 U.S.C. §
279(g)(2).
(j) Effective February 24, 2022,
through the end of their parole:
(A) An
individual who was paroled into the U.S. between February 24, 2022, and
September 30, 2023, and meets one of the following:
(i) Is a citizen or national of
Ukraine.
(ii) Last habitually
resided in Ukraine.
(B)
An individual who was paroled after September 30, 2023, and who is one of the
following:
(i) An unmarried child, defined in
section 101(b) of the Immigration and Nationality Act (INA) (8 U.S.C. §
1101(b)), under the age of
21.
(ii) The spouse of an
individual listed in paragraph (A) of subsection (d).
(C) An individual who was paroled into the
U.S. after September 30, 2023, and is one of the following:
(i) A parent, legal guardian, or primary
caregiver of an unaccompanied refugee minor, as defined in section 412(d)(2)(B)
of the INA (8 U.S.C. §
1522(d)(2)(B)).
(ii) An unaccompanied child, as defined in
section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. §
279(g)(2)).
(5) In the REF and REFM programs, an individual meets the noncitizen status requirements if the individual is admitted lawfully under any of the following provisions of law:
(a) The individual has been granted a USCIS
status listed under paragraphs (1)(a)(B) through (1)(a)(H).
(b) The individual has been paroled as a
refugee or asylee under section 212(d)(5) of the Immigration and Nationality
Act (INA) (8 USC
1182(d)(5)).
(c) Effective October 1, 2021 until March 31,
2023, or through the end of their parole, whichever is later:
(A) An individual who is a citizen or
national of Afghanistan paroled into the U.S. between July 31, 2021 through
September 30, 2023.
(B) An
unmarried child under the age of 21 or spouse of an individual listed in
paragraph (A) of this subsection, who is paroled into the U.S. after September
30, 2023.
(C) A parent or legal
guardian of an individual listed in paragraph (A) of this subsection, who is
determined to be an unaccompanied child as defined by
6 U.S.C. §
279(g)(2), who is paroled
into the U.S. after September 30, 2023.
(d) Effective October 1, 2021:
(A) An individual who is a citizen or
national of Afghanistan who was granted Special Immigrant Conditional Permanent
Resident status on or after July 31, 2021.
(B) An individual who is a citizen or
national of Afghanistan who was granted Special Immigrant SQ/SI Parole status
on or after July 31, 2021.
(C) An
unmarried child under the age of 21 or spouse of an individual listed in
paragraph (A) or (B) of this subsection.
(D) A parent or legal guardian of an
individual listed in paragraph (A) or (B) of this subsection who is determined
to be an unaccompanied child as defined by
6 U.S.C. §
279(g)(2).
(e) Effective May 21, 2022,
through the end of their parole:
(A) An
individual who was paroled into the U.S. between February 24, 2022, and
September 30, 2023, and meets one of the following:
(i) Is a citizen or national of
Ukraine.
(ii) Last habitually
resided in Ukraine.
(B)
An individual who was paroled after September 30, 2023, and who is one of the
following:
(i) An unmarried child, defined in
section 101(b) of the Immigration and Nationality Act (INA) (8 U.S.C. §
1101(b)), under the age of
21.
(ii) The spouse of an
individual listed in paragraph (A) of subsection (d).
(C) An individual who was paroled into the
U.S. after September 30, 2023, and is one of the following:
(i) A parent, legal guardian, or primary
caregiver of an unaccompanied refugee minor, as defined in section 412(d)(2)(B)
of the INA (8 U.S.C. §
1522(d)(2)(B)).
(ii) An unaccompanied child, as defined in
section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. §
279(g)(2)).
(6) In the SNAP program,
(a) An individual meets the noncitizen status
requirements if the individual:
(A) Has been
granted a USCIS status listed under paragraphs (1)(a)(B) through (1)(a)(I) of
this rule.
(B) Has been granted a
qualified noncitizen USCIS status and is under age
18.
(C) Has been granted a
qualified noncitizen USCIS status and has a
disability (see OAR
461-001-0015).
(D) Was born on or before August 22, 1931,
and on August 22, 1996, was lawfully residing in the United States.
(E) Was a member of a Hmong or Highland
Laotian Tribe at the time that the Tribe rendered assistance to United States
personnel by taking part in a military or rescue operation during the Vietnam
era (as defined in 38 U.S.C.
101), and is a noncitizen who is lawfully
residing in the United States.
(F)
Is a spouse, the un-remarried surviving spouse, or an unmarried dependent
child, of an individual described in paragraph (E) of this
subsection.
(b) An
individual meets the noncitizen status requirements when the individual has
been granted a USCIS status listed under paragraph (1)(a)(A) or paragraphs
(1)(a)(J) through (1)(a)(L) of this rule, and has completed one of the
following:
(A) The individual has been
residing in the United States for at least five years while a qualified
noncitizen.
(B) The
individual has worked 40 qualifying quarters of coverage as defined under title
II of the Social Security Act, or can be credited with such qualifying quarters
as provided under 8 U.S.C.
1645, subject to the following provisions:
(i) No quarter beginning after December 31,
1996, is a qualifying quarter if the individual received any federal,
means-tested benefit during the quarter. Federal means-tested benefits include
SNAP, TANF, and Medicaid (except emergency medical).
(ii) For the purpose of determining the
number of qualifying quarters of coverage, an individual is credited with all
of the quarters of coverage worked by a parent of the individual while the
individual was under the age of 18 and all of the qualifying quarters worked by
a spouse of the individual during their marriage, during the time the
individual remains married to such spouse or such spouse is deceased.
(iii) A lawful permanent resident who would
meet the noncitizen status requirements, except for a determination by the
Social Security Administration (SSA) that the individual has fewer than 40
quarters of coverage, may be provisionally certified for SNAP program benefits
while SSA investigates the number of quarters creditable to the individual. An
individual provisionally certified under this section who is found by SSA, in
its final administrative decision after investigation, not to have 40
qualifying quarters is not eligible for SNAP program benefits received while
provisionally certified. The provisional certification is effective according
to the rule on effective dates for opening benefits, OAR
461-180-0080. The provisional
certification cannot run more than six months from the date of original
determination by SSA that the individual does not have sufficient
quarters.
(c)
Effective October 1, 2021 until March 31, 2023, or through the end of their
parole, whichever is later:
(A) An individual
who is a citizen or national of Afghanistan paroled into the U.S. between July
31, 2021 through September 30, 2023.
(B) An unmarried child under the age of 21 or
spouse of an individual listed in paragraph (A) of this subsection, who is
paroled into the U.S. after September 30, 2022.
(C) A parent or legal guardian of an
individual listed in paragraph (A) of this subsection, who is determined to be
an unaccompanied child as defined by
6 U.S.C. §
279(g)(2), who is paroled
into the U.S. after September 30, 2022.
(d) Effective October 1, 2021:
(A) An individual who is a citizen or
national of Afghanistan who was granted Special Immigrant Conditional Permanent
Resident status on or after July 31, 2021.
(B) An individual who is a citizen or
national of Afghanistan who was granted Special Immigrant SQ/SI Parole status
on or after July 31, 2021.
(C) An
unmarried child under the age of 21 or spouse of an individual listed in
paragraph (A) or (B) of this subsection.
(D) A parent or legal guardian of an
individual listed in paragraph (A) or (B) of this subsection who is determined
to be an unaccompanied child as defined by
6 U.S.C. §
279(g)(2).
(e) Effective May 21, 2022,
through the end of their parole:
(A) An
individual who was paroled into the U.S. between February 24, 2022, and
September 30, 2023, and meets one of the following:
(i) Is a citizen or national of
Ukraine.
(ii) Last habitually
resided in Ukraine.
(B)
An individual who was paroled after September 30, 2023, and who is one of the
following:
(i) An unmarried child, defined in
section 101(b) of the Immigration and Nationality Act (INA) (8 U.S.C. §
1101(b)), under the age of
21.
(ii) The spouse of an
individual listed in paragraph (A) of subsection (d).
(C) An individual who was paroled into the
U.S. after September 30, 2023, and is one of the following:
(i) A parent, legal guardian, or primary
caregiver of an unaccompanied refugee minor, as defined in section 412(d)(2)(B)
of the INA (8 U.S.C. §
1522(d)(2)(B)).
(ii) An unaccompanied child, as defined in
section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. §
279(g)(2)).
Statutory/Other Authority: 409.050, 411.060, 411.404, 411.704, 411.706, 411.816, 412.014, 412.049, 413.085, 414.231 & 414.619
Statutes/Other Implemented: 411.060, 411.404, 411.704, 411.706, 411.816, 412.014, 412.049, 414.231, 409.010, 411.070, 414.025, H.R. 133, 116th Cong. (2019-2020), Public Law 117-43 & H.R. 7691, 117th Cong. (2021-2022)
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