Louisiana Administrative Code › Title 67 - SOCIAL SERVICES › Part III - Economic Stability › Subpart 2 - Family Independence Temporary Assistance Program › Chapter 12 - Application, Eligibility, and Furnishing Assistance › Subchapter B - Conditions of Eligibility › Section III-1223 - Citizenship

Current through Register Vol. 50, No. 6, June 20, 2024
A. Each FITAP
					 recipient must be a United States Citizen, a non-citizen national, or a
					 qualified alien. A non-citizen national is a person born in an outlying
					 possession of the United States (American Samoa or Swain's Island) on or after
					 the date the U.S. acquired the possession, or a person whose parents are U.S.
					 non-citizen nationals. A qualified alien is:
1. an alien who is lawfully admitted for
					 permanent residence under the Immigration and Nationality Act;
2. an alien who is granted asylum under
					 Section 208 of such Act;
3. a
					 refugee who is admitted to the United States under Section 207 of such
					 Act;
4. an alien who is paroled
					 into the United States under Section 212(d)(5) of such Act for a period of at
					 least one year;
5. an alien whose
					 deportation is withheld under §243(h) of such Act [as in effect immediately
					 before the effective date (April 1, 1997) of
					 §307 of Division C of
					 Public Law
					 104-208] or §241(b)(3) of such Act [as amended by
					 Section 305(a) of Division C of
					 Public Law
					 104-208];
6. an alien who is granted conditional entry
					 pursuant to §203(a)(7) of such Act as in effect prior to April 1, 1980;
					 or
7. an alien who is a
Cuban
or
Haitian
entrant, as defined in
					 §501(e) of the Refugee Education Assistance Act of 1980;
8. an alien who has been battered or
					 subjected to extreme cruelty in the United States by a spouse or parent, or by
					 a member of the spouse's or parent's family residing in the same household as
					 the alien if the spouse or parent consented to, or acquiesced in, such battery
					 or cruelty. The individual who has been battered or subjected to extreme
					 cruelty must no longer reside in the same household with the individual who
					 committed the battery or cruelty. The agency must also determine that a
					 substantial connection exists between such battery or cruelty and the need for
					 the benefits to be provided. The alien must have been approved or have a
					 petition pending which contains evidence sufficient to establish:
a. the status as a spouse or a child of a
					 United States citizen pursuant to Clause (ii), (iii), or (iv) of §204(a)(1)(A)
					 of the Immigration and Nationality Act (INA); or
b. the classification pursuant to Clause (ii)
					 or (iii) of §204(a)(1)(B) of the INA; or
c. cancellation of removal under §1229b of
					 the INA (as in effect prior to April 1, 1997); or
d. the status as a spouse or child of a
					 United States citizen pursuant to Clause (i) of §204(a)(1)(A) of the INA, or
					 classification pursuant to Clause (i) of §204(a)(1)(B) of the INA;
e. cancellation of removal pursuant to
					 §1229b(b)(2) of the INA;
9. an alien child of a battered parent or the
					 alien parent of a battered child as described in §1223. A 8; or
10. an alien who is a victim of a severe form
					 of trafficking in persons or effective May 1, 2006, an eligible relative of a
					 victim of a severe form of trafficking in persons.
11. an Iraqi or Afghan immigrant who has been
					 granted Special Immigrant Visa (SIV) status.