Washington Administrative Code › Title 388 - Social and Health Services, Department of › ASSISTANCE PROGRAMS › Chapter 388-424 - Citizenship/alien status › Section 388-424-0001 - Citizenship and immigration status-Definitions

Current through Register Vol. 24-14, July 15, 2024
For the purposes of determining an individual's citizenship
				  and immigration status for public assistance, the following definitions
				  apply:
(1)
"Lawfully
				present"
are immigrants or noncitizens who have been inspected and
				admitted into the United States and have not overstayed the period for which
				they were admitted, or have current permission from the U.S. Citizenship and
				Immigration Services (CIS) to stay or live in the U.S.
(2)
"Qualified aliens"
are
				lawfully present immigrants defined in federal law as one of the following:
(a) Individuals lawfully admitted for
				permanent residence (LPRs).
(b)
				Individuals who are admitted to the U.S. as refugees under INA §207. The
				following individuals are treated the same as refugees in their eligibility for
				public assistance:
(i) Hmong or Highland Lao
				are members of a Hmong or Highland Laotian tribe which rendered military
				assistance to the U.S. during the Vietnam era (August 5, 1964, to May 7, 1975),
				and are "lawfully present" in the U.S. This category also includes the spouse
				(including unremarried widow or widower) or unmarried dependent child of such
				tribal members.
(ii) Victims of
				trafficking according to federal law are:
(A)
				Individuals who have been certified as victims of trafficking by the federal
				U.S. Department of Health and Human Services (HHS), Office on Trafficking in
				Person (OTIP), or have been granted a T visa.
(B) Immediate family members of trafficking
				victims. Immediate family members are the spouse or child of a victim of any
				age and the parent or unmarried minor sibling if the victim is under 21 years
				old.
(iii) Afghan
				nationals and their spouses and children, paroled into the U.S. between July
				31, 2021, and September 30, 2022, after evacuation from Afghanistan to the
				U.S., or to a location over-seas: or
(A) an
				individual who was paroled into the U.S. after September 30, 2022, and is the
				spouse or child of an Afghan national as defined in subsection (iii) of this
				section;
(B) an individual who is
				the parent or legal guardian of an individual defined in subsection (iii) of
				this section who is determined to be an unaccompanied child;
(iv) Special immigrants from Iraq
				and Afghanistan are individuals granted:
(A)
				Special immigrant status under INA §101 (a)(27);
(B) Special immigrant conditional permanent
				resident; or
(C) Paroled under
				section 602 (B)(1)AAPA/Sec 1059(a)NDAA 2006.
(v) Individuals from Ukraine and their family
				members admitted as humanitarian parolees between February 24, 2022, and
				September 30, 2023, and whose parole has not been terminated by the Secretary
				of the Department of Homeland Security (DHS), who are:
(A) Citizens or nationals of
				Ukraine;
(B) Non-Ukrainian
				individuals who were habitually residing in Ukraine, and have documentation
				confirming last habitual residence in Ukraine;
(C) Individuals who were first granted
				humanitarian parole, and then obtained temporary protected status (TPS). They
				are eligible for federally funded assistance until the end of their parole term
				due to underlying receipt of humanitarian parole;
(D) A spouse or child of an individual
				described in subsections (A)-(C) of this section who is paroled into the United
				States after September 30, 2023;
(E) A parent, legal guardian, or primary
				caregiver of an unaccompanied refugee minor or an unaccompanied child described
				in subsections (A)-(C) of this section who is paroled into the United States
				after September 30, 2023.
(c) Individuals who have been granted asylum
				under INA §208.
(d)
				Cuban/Haitian entrants. These are nationals of Cuba or Haiti who were paroled
				into the U.S. or given other special status.
(e) Abused spouses or children, parents of
				abused children, or children of abused spouses:
(i) When the alien no longer resides with the
				person who committed the abuse, and has one of the following:
(A) A pending or approved I-130 petition or
				application to immigrate as an immediate relative of a U.S. citizen or as the
				spouse or unmarried child under age 21 of a lawful permanent resident
				(LPR);
(B) A notice of "prima
				facie" approval of a pending self-petition under the violence against women act
				(VAWA); or
(C) Proof of a pending
				application for suspension of deportation or cancellation of removal under
				VAWA.
(ii) Children of
				an abused spouse do not need their own separate pending or approved petition,
				but are included in their parent's petition if it was filed before they turned
				21 years old. Children of abused persons who meet the conditions in this
				section retain their "qualified alien" status even after they turn 21 years
				old.
(f) Individuals who
				have been granted parole into the U.S. for at least a period of one year (or
				indefinitely) under INA §212 (d)(5), including "public interest"
				parolees.
(g) Individuals granted
				withholding of deportation or removal under INA §243(h) or §241
				(b)(3).
(h) Individuals who were
				admitted to the U.S. as conditional entrants under INA §203 (a)(7) prior
				to April 1, 1980.
(i) Amerasians
				who were born to U.S. citizen armed services members in Southeast Asia during
				the Vietnam War.