Ohio Administrative Code › Title 5101:1 - Division of Public Assistance › Chapter 5101:1-2 - Application Process; Verificatio › Section 5101:1-2-30 - Citizenship and alien status: Ohio works first

Current through all regulations passed and filed through July 1, 2024
(A)
								What eligibility
  standards
								
								are used to determine
  citizenship and alien status of individuals applying for or receiving Ohio
  works first (OWF)?
								.
To receive program benefits an individual is to
	 be one of the following:
(1) A
  United States (U.S.) citizen or non-citizen national:
The "United States" is defined as the fifty states, the District of
	 Columbia, Puerto Rico, Guam, Northern Mariana islands, and the American Virgin
	 islands. In addition, non-citizen nationals from American Samoa or Swain's
	 island are considered U.S. citizens for purposes of the OWF
	  program.
(2) Qualified alien:
(a) An alien who at the time of application
  or at the time of receipt of OWF  is:
(i) An alien lawfully admitted for permanent
  residence under the Immigration and Nationality Act (INA) (1952);
(ii) An alien granted asylum under the
  INA;
(iii) A refugee who is
  admitted to the U.S. under section 207 of the INA,
  8
  U.S.C. 1157 (5/2005);
(iv) An Afghan or Iraqi alien admitted to the
  U.S. who was granted a special immigrant visa (SIV) under section 101(a)(27) of
  the INA,
  8
  U.S.C. 1101 (1/2014);
(v) An alien paroled into the U.S. under
  section 212 of the INA for a period of at least one year;
(vi) An alien whose deportation is being
  withheld under section 243 of the INA;
(vii) An alien granted conditional entry
  pursuant to section 203 of the INA as in effect prior to April 1,
  1980;
(viii) An alien who is a
  Cuban or Haitian entrant pursuant to 45 C.F.R. 401 (1982);
(ix) An Amerasian admitted pursuant to
  section 584 of Public Law (P.L.) 100-202 (12/1987), as amended by P.L. 100-461
  (10/1988);
(x) An alien or an
  alien's child battered or subjected to extreme cruelty in the U.S. by a spouse
  or a parent or by a member of the spouse's or parent's family. This shall not
  apply to an alien during any period when the individual responsible for the
  abuse is residing in the same residence. Verification and documentation
  procedures for this status are defined in exhibit B of attachment 5 of the U.S.
  department of justice interim guidance dated November 17, 1997 (62 FR 61344);
  and
(xi) A victim of a severe form
  of trafficking in persons certified under the Victims of Trafficking and
  Violence Protection Act of 2000, Pub.
			 L. No. 106-386, 114 Stat. 1464 (2000).
(a) 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, Pub.
			 L. 108-193, 117 Stat. 2875 (2003).
(b) An alien child pursuant to the William
  Wilberforce Trafficking Victims Protection Reauthorization Act of 2008,
  22 U.S.C.
  7105.
(b) Residents of the U.S. prior to August 22,
  1996:
A qualified alien who entered the U.S. prior to August 22, 1996 and
	 continuously resided in the U.S. until attaining qualified alien status shall
	 continue to meet the citizenship requirements for OWF
	 .
(c) Residents of the U.S. on or after August
  22, 1996:
A qualified alien who enters the U.S. on or after August 22, 1996 does
	 not meet the citizenship requirement for OWF  with the following exceptions:
(i) Refugee's as described in paragraph
  (A)(2)(a)(iii) of this rule, eligibility is limited to five years from the date
  of entry into the U.S.;
(ii)
  Victims of severe forms of trafficking who are potentially eligible for
  benefits and services to the same extent as an alien admitted to the U.S. as a
  refugee in accordance with rules 5101:1-2-30.1 and 5101:1-2- 30.3 of the
  Administrative Code;
(iii)
  Indefinite detainees or lifers after being convicted of a crime that triggers a
  final order of removal, may have a status making them potentially eligible in
  accordance with rule 5101:1-2-30.2 of the Administrative Code;
(iv) An alien granted asylum under the INA.
  Eligibility is limited to five years from the date asylum was
  granted;
(v) An Afghan or Iraqi
  alien admitted to the U.S. who was granted a special immigrant visa (SIV) under
  section 101(a)(27) of the INA,
  8
  U.S.C. 1101 (1/2014). Eligibility is limited
  to five years from the date of entry into the U.S.;
(vi) An alien whose deportation is being
  withheld under section 243 of the INA. Eligibility is limited to five years
  from the date of entry into the U.S.;
(vii) An alien who is a Cuban or Haitian
  entrant pursuant to 45 C.F.R. 401 (1982). Eligibility is limited to five years
  from the date the status as a Cuban or Haitian entrant is granted;
(viii) An Amerasian admitted pursuant to
  section 584 of Public Law (P.L.) 100-202 (12/1987), as amended by P.L. 100-461
  (10/1988). Eligibility is limited to five years from the date the individual
  was admitted into the U.S. as an Amerasian immigrant;
(ix) Aliens lawfully admitted into the U.S.
  for permanent residence under the INA and have worked forty qualifying quarters
  of coverage under Title II of the Social Security Act or can be credited with
  quarters that are creditable for any period beginning after December 31,1996
  and did not receive any federal means-tested public benefit during any quarter.
Qualifying quarter shall be credited as follows:
(a) All quarters of coverage worked by a
  natural or adoptive parent when the quarters were worked before the date the
  alien attains age eighteen; and
(b)
  All quarters worked by a spouse of such alien during their marriage when the
  alien remains married to such spouse or such spouse is deceased.
(c) A qualifying quarter does not include any
  quarter after December 31, 1996 when the individual worked and also received a
  federal means-tested public benefit.
(x) Veterans and active duty service
  personnel lawfully residing in Ohio and are:
(a) A veteran with an honorable discharge and
  not on account of alienage; or
(b)
  On active duty (other than active duty for training) in the U.S. armed forces
  as defined in
  38 U.S.C.
  5303A(d) (1998).
(c) The surviving spouse of a deceased
  veteran or individual on active duty, provided the spouse has not remarried and
  the marriage fulfills the requirements of
  38 U.S.C.
  1304 (1991) or the unmarried dependent
  child(ren) of an individual as defined in paragraph (A)(2)(x) of this
  rule.
(d) Filipino war veterans who
  fought in World War II as described in
  38 U.S.C.
  107 (2010).