Code of Massachusetts Regulations › 106 CMR - DEPARTMENT OF TRANSITIONAL ASSISTANCE › Title 106 CMR 703.000 - Transitional Cash Assistance Programs: Nonfinancial Eligibility › Section 703.430 - TAFDC Noncitizen Status

Current through Register 1525, July 5, 2024
An individual included as a member of the filing unit as a
				noncitizen must verify that he or she is present in the U.S. under one of the
				eligible noncitizen statuses described in 106 CMR 703.430(A). The status of a
				noncitizen included in the assistance unit must be verified at application, at
				eligibility reviews or whenever the status of the noncitizen changes or is
				questionable. Verification of an eligible noncitizen status must be presented
				prior to the determination of TAFDC eligibility for that individual.
When a noncitizen applying for TAFDC indicates an inability or
				unwillingness to provide information about, or acceptable verification of,
				their noncitizen status that individual shall be ineligible. In such cases, the
				Department shall not continue efforts to obtain documentation or ask additional
				questions. Likewise, if a noncitizen applying for TAFDC indicates an inability
				or unwillingness to provide, or apply for, a Social Security Number due to
				immigration status that individual shall be ineligible. The Department shall
				not continue efforts to obtain documentation. TAFDC eligibility will be
				determined in accordance with
				106
				CMR 704.330:
Circumstances Governed
				by Legal Support Obligations for TAFDC
for the remaining members of
				the assistance unit who can verify an eligible noncitizen status.
The Commissioner or designee is required to report to the U.S.
				Citizenship and Immigration Services (USCIS) information about noncitizens
				known to be in the U.S. unlawfully. Known to be in the U.S. unlawfully means
				that (a) the Department has seen a Final Order of Deportation or other
				determination of the USCIS or Executive Office of Immigration Review that the
				noncitizen is present unlawfully and (b) the noncitizen has applied for TAFDC
				or EAEDC benefits for himself or herself and the Department has determined him
				or her ineligible due to unlawful presence.
(A)
Eligible TAFDC Noncitizen
			 Status
. [Note: formerly found at 106 CMR 203.675(A):
Eligible Noncitizen Status
]. A noncitizen's eligibility for
			 TAFDC depends on the section of the Immigration and Nationality Act (INA) under
			 which the noncitizen is present in the U.S., the date that status was granted,
			 and the meeting of additional criteria. Eligible noncitizen statuses for TAFDC
			 are:
(1)
Veterans and Active Duty
			 Personnel
. A noncitizen lawfully residing in the U.S. is an
			 eligible noncitizen when he or she is:
(a) a
			 veteran of the U.S. Armed Forces with honorable discharge not related to his or
			 her noncitizen status;
(b) a person
			 on active duty in the U.S. Armed Forces, other than active duty for training,
			 who fulfills the minimum active-duty service requirement of 24 months or the
			 period for which the person was called to active duty;
(c) a spouse of the veteran or person who
			 died during active duty if:
1. the spouse has
			 not remarried; and
2. the couple
			 was married for at least one year or for any period if a child was born of the
			 marriage or was born before the marriage;
(d) a spouse or unmarried dependent child of
			 the veteran or person on active duty described in 106 CMR 703.430(A)(1)(a) or
			 (b). For purposes of 106 CMR 703.430(A)(1)(d), an unmarried dependent child is
			 a child who is or could be claimed as a deduction on the veteran's tax return
			 and who meets the definition of a dependent child as specified in
			 106 CMR
			 703.200(B);
(e) a Hmong or other Highland Lao veteran who
			 fought on behalf of the Armed Forces of the U.S. during the Vietnam conflict
			 and has been lawfully admitted to the U.S. for permanent residence;
			 or
(f) a member of the organized
			 military forces of the Government of the Phillippines while such forces were in
			 the service of the Armed Forces of the United States pursuant to the military
			 order dated July 26, 1941, including organized guerrilla forces under
			 commanders organized by the U.S. Army for service prior to July 1,
			 1946.
(g) an Iraqi or Afghani with
			 Special Immigrant status. These individuals and their families are considered
			 to be Refugees and are Eligible Qualified Noncitizens with no time limit on
			 benefits or need to meet the five-year bar. They are eligible for TAFDC
			 benefits from the date the individual or family has been granted Special
			 Immigrant status.