Temporary Assistance/Case Management Manual

0205.040.05.15 Qualified Aliens Entering After 8/22/96

IM-47 July 18, 2016; IM-122 September 12, 2003

For qualified aliens entering the U.S. ON OR AFTER August 22, 1996, some may be eligible for Temporary Assistance immediately, while others are subject to a five-year period of ineligibility.

  1. Qualified Aliens Eligible Immediately: Qualified aliens entering the U.S. on or after August 22, 1996 who are members of the groups listed below and who otherwise meet Temporary Assistance eligibility criteria have no waiting period to obtain eligibility.
    • Refugees under 207 of INA
    • Asylees under 208 of INA
    • Aliens for whom deportation or removal has been withheld under either 243(h) or 241(b)(3) of the INA
    • Cubans and Haitian entrants defined in Section 501(e) of the Refugee Education Assistance Act of 1980
    • Amerasian Immigrant
    • Lawful Permanent Resident who previously held one of the qualified statuses listed above
    • American Indians born in Canada
    • Trafficking Victim, as defined by the Trafficking Victims Act of 2000 see¬†Refugee Assistance Manual 1505.000.00
  2. Qualified Aliens Five-Year Period of Ineligibility: Listed below are qualified aliens entering the U.S. on or after August 22, 1996 who are not eligible for Temporary Assistance for five years following their date of entry. Once the five-year period of ineligibility has expired, these qualified aliens will be eligible for Temporary Assistance in the same manner as other qualified aliens.
    • Lawful Permanent Resident
    • An alien granted parole for at least one year by the BCIS under 212(d)(5) of INA
    • An alien granted conditional entry under 203(a)(7) of INA in effect before April 1, 1980
    • A battered immigrant, as defined by P.L. 104-208

    EXCEPTION: The five-year ineligibility period DOES NOT APPLY to the aliens listed above if they are:

    • on active duty in the U.S. Armed Forces
    • a veteran
    • the spouse or unmarried dependent child of individuals in (a) or (b). A dependent child is an unmarried child under age 18 or a child claimed as a dependent on the active duty person’s veteran’s income tax form
    • the unmarried surviving spouse of a veteran
    • a child born in the United States