Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.78 - TEMPORARY ASSISTANCE FOR NEEDY FAMILIES (TANF) › Subchapter 37.78.2 - TANF Cash Assistance: Eligibility › Rule 37.78.220 - TANF: ELIGIBILITY, CITIZENSHIP REQUIREMENTS

Current through Register Vol. 13, July 5, 2024
(1) Except as provided by this rule, only
				U.S. citizens and qualified aliens are eligible for TANF Cash
				Assistance.
(2) A qualified alien
				is a noncitizen who:
(a) was admitted to the
				U.S. as a refugee under section 207 of the Immigration and Nationality Act
				(INA) for only seven years from the date of entry;
(b) was granted asylum under section 208 of
				the INA for only seven years from the date of entry;
(c) has had deportation withheld under
				section 243(h) of the INA for only seven years from the date of entry;
				or
(d) was granted parole for at
				least one year under section 21(d)(5) of the INA;
(e) was granted conditional entry under
				immigration law in effect before April 1, 1980;
(f) is a Cuban/Haitian entrant as defined in
				section 501(e) of the Refugee Education Assistance Act of 1980, if entry
				occurred within the last seven years, including:
(i) any alien granted parole status as a
				Cuban/Haitian entrant; or
(ii) any
				alien granted any other special status for nationals of Cuba or Haiti;
				or
(iii) any alien who is a
				national of Cuba or Haiti and who:
(A) was
				paroled into the U.S., but has not acquired any other status; or
(B) is the subject of removal proceedings or
				has an application for asylum pending; and
(C) does not have a final order for removal
				entered;
(g)
				is an Amerasian immigrant who was admitted to the U.S. pursuant to section 584
				of the Foreign Operations, Export Financing and Related Programs Appropriations
				Act of 1988, if admitted within the last seven years, including any alien
				lawfully admitted for permanent residence if the alien was a resident of
				Vietnam on December 22, 1987 and if the alien was born in Vietnam after January
				1, 1962 and before January 1, 1976; and
(i)
				was fathered by a U.S. citizen; or
(ii) is the spouse, child, natural mother, or
				who acted as the mother, father or next of kin to the alien described in
				(2)(g)(i), if accompanying or following the alien described in (2)(g)(i) to the
				U.S. and if admission is necessary to maintain family unity;
(h) is an American Indian born in
				Canada if at least 50% American Indian blood and considered lawfully admitted
				for permanent residence;
(i) is a
				member of a federally recognized Indian tribe under the Indian Self
				Determination and Education Assistance Act and considered lawfully admitted for
				permanent residence;
(j) is a
				battered spouse or child or a person who has been subjected to extreme cruelty
				in the U.S. pursuant to the requirements of
				8 USC
				1641 (c), if:
(i) the applicant verifies that battery or
				extreme cruelty was inflicted on the applicant, applicant's child or the child
				applicant's parent by providing proof that a case was established by INS;
				and
(ii) there is a substantial
				connection between the abuse and the applicant's need for benefits;
				and
(iii) the applicant does not
				reside with the abuser;
(k) is lawfully admitted to the U.S. for
				permanent residence and:
(i) the alien
				entered the U.S. as a refugee within the last seven years and the alien's
				status has changed to "lawfully admitted for permanent residence"; or
(ii) the alien was granted asylum within the
				last seven years and the asylee's status has changed to "lawfully admitted for
				permanent residence"; or
(iii) the
				alien had deportation withheld under section 243(h) of the INA within the last
				seven years and the alien's status has changed to "lawfully admitted for
				permanent residence"; or
(iv) the
				alien was admitted as a Cuban/Haitian entrant as defined in section 501(e) of
				the Refugee Education Assistance Act of 1980 within the last seven years and
				the alien's status has changed to "lawfully admitted for permanent residence";
				or
(v) the alien was admitted as an
				Amerasian immigrant under section 584 of the Foreign Operations, Export
				Financing and Related Programs Appropriations Act of 1988 within the last seven
				years and the alien's status has changed to "lawfully admitted for permanent
				residence"; or
(vi) the alien
				entered the U.S. before August 22, 1996 and can be credited with 40 qualifying
				quarters of work, cumulated as defined in (4) and (5); or
(vii) the alien entered the U.S. on or after
				August 22, 1996 and has resided in the U.S. for five years and can be credited
				with 40 qualifying quarters of work, cumulated as defined in (4) and
				(5);
(l) is a veteran of
				the U.S. Armed Forces and who received an honorable discharge not because of
				alienage;
(m) is a Hmong or other
				Highland Lao veteran who fought on behalf of the U.S. Armed Forces during the
				Vietnam conflict;
(n) is on active
				duty in the U.S. Army, Navy, Air Force, Marine Corps or Coast Guard and who is
				not on active duty for training purposes;
(o) is the spouse of an alien veteran or an
				alien on active duty as described in (2)(l) through (n);
(p) is the unmarried child of an alien
				veteran or alien on active duty as described in (2)(l) through (n);
				or
(q) is a victim of a severe form
				of trafficking as determined by the U.S. Department of Health and Human
				Services for only seven years from the date of entry.