Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0021 - Citizenship and Noncitizen Status

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Until May 1, 2024, a child in a filing
			 group must meet one of the following citizenship and noncitizen status
			 requirements:
(a) Be a citizen of the United
			 States;
(b) Be a citizen of Puerto
			 Rico, Guam, the Virgin Islands or Saipan, Tinian, Rota or Pagan of the Northern
			 Mariana Islands;
(c) Be a national
			 from American Samoa or Swains Islands;
(d) Be enrolled in programs that are subject
			 to Head Start Performance Standards and are supported by both Head Start and
			 CCDF funds. Caretakers must submit verification of Head Start enrollment in
			 lieu of other documentation;
(e) Be
			 enrolled in contracted programs. A Head Start eligibility checklist may be used
			 as verification; or
(f) Meet one of
			 the following noncitizen status requirements:
(A) An individual who is lawfully admitted
			 for permanent residence under the Immigration and Nationality Act (INA)
			 (8 U.S.C.
			 1101 et seq).
(B) An Afghan or Iraqi individual granted
			 special immigrant visa status (SIV) under section 101(a)(27) of the INA. These
			 individuals are lawfully admitted for permanent residence under the
			 INA.
(C) An individual who is an
			 "Amerasian" who is granted immigration status under
			 section
			 584 of
			 Public Law
			 100-202; the Foreign Operations, Export Financing,
			 and Related Program Appropriations Act of 1988; as amended by
			 Public Law
			 100-461. These individuals are lawfully admitted
			 for permanent residence under the INA.
(D) An individual who is admitted to the
			 United States as a refugee under section 207 of the INA (8 U.S.C.
			 1157).
(E) An individual who is granted asylum under
			 section 208 of the INA (8
			 U.S.C. 1158).
(F) An individual who is a "Cuban or Haitian
			 entrant" (as defined in section 501(3) of the Refugee Education Assistance Act
			 of 1980).
(G) An individual who is
			 a "victim of a severe form of trafficking in persons" certified under the
			 Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C.
			 7101 to
			 7112).
(H) An individual who is 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 (22 U.S.C.
			 7101 to
			 7112).
(I) An individual whose deportation is being
			 withheld under section 243(h) of the INA (8 U.S.C.
			 1253(h)) (as in effect
			 immediately before April 1, 1997) or section 241(b)(3) of the INA
			 (8 U.S.C.
			 1231(b)(3)) (as amended by
			 section 305(a) of division C of the Omnibus Consolidated Appropriations Act of
			 1997, Pub. L. No.
			 104-208, 110 Stat. 3009-597 (1996)).
(J) An individual who is paroled into the
			 United States under section 212(d)(5) of the INA (8 U.S.C.
			 1182(d)(5)) for a period of
			 at least one year.
(K) An
			 individual who is granted conditional entry pursuant to section 203(a)(7) of
			 the INA (8 U.S.C.
			 1153(a)(7)) as in effect
			 prior to April 1, 1980.
(L) An
			 individual who is a dependent child who meets the requirements of
			 8 U.S.C.
			 1641(c), as determined by
			 the U.S. Citizenship and Immigration Services (USCIS).
(M) An Indigenous, First Nation, Inuit, Metis
			 or Aboriginal individual who is an "American Indian" born in Canada to whom the
			 provisions of section 289 of the INA (8 U.S.C. 1359) apply.
(N) A member of an "Indian tribe," as defined
			 in section 4(e) of the Indian Self-Determination and Education Act
			 (25 U.S.C.
			 450b(e)).
(O) An individual who is a noncitizen who is
			 currently a survivor of domestic violence or who is at risk of becoming a
			 survivor of domestic violence.