Citizenship And Qualified Non-Citizen Criteria

To be eligible, an individual must be a member of one (1) of the groups listed in Subsections 131.01 through 131.1 0 of this rule. (3-17-22) 01. U.S. Citizen. A U.S. Citizen; or (3-17-22) 02. U.S. National, National of American Samoa or Swains Island. A U. S. National, National o f American Samoa or Swains Island; or (3-17-22) 03. Full-Time Active Duty U.S. Armed Forces Member. A qualified non-citizen as defined in 8 U.S.C. 1641(b) or (c) currently on full-time active duty with the U.S. Army, U.S. Air Force, U.S. Marine Corps, U.S. Navy or U.S. Coast Guard, or a spouse or unmarried dependent child of the U.S. Armed Forces member; or (3-17-22) 04. Veteran of the U.S. Armed Forces. A qualified non-citizen as defined in 8 U.S.C. 1641(b) or (c ) honorably discharged from the U.S. Army, U.S. Air Force, U.S. Marine Corps, U.S. Navy or U.S. Coast Guard for a reason other than their citizenship status or a spouse, including a surviving spouse who has not remarried, or a n unmarried dependent child of the veteran; or (3-17-22) 05. Non-Citizen Entering the U.S. Before August 22, 1996. A non-citizen who entered the U.S. before August 22, 1996, and is currently a qualified non-citizen as defined in 8 U.S.C. 1641(b) or (c); or (3-17-22) 06. Non-Citizen Entering on or After August 22, 1996. A non-citizen who entered on or after Augus t 22, 1996, and (3-17-22) a. Is a refugee admitted into the U.S. under 8 U.S.C. 1157, and can be eligible for seven (7) years fro m their date of entry; or (3-17-22) b. Is an asylee granted asylum into the U.S. under 8 U.S.C. 1158, and can be eligible for seven (7 ) years from the date their asylee status is assigned; or (3-17-22) c. Is an individual whose deportation or removal from the U.S. has been withheld under 8 U.S.C. 1253 or 1231(b)(3) as amended by Section 305(a) of Division C of Public Law 104-208, and can be eligible for seve n (7) years from the date their deportation or removal was withheld; or (3-17-22) d. Is an Amerasian immigrant admitted into the U.S. under 8 U.S.C. 1612(b)(2)(A)(i)(V), and can b e eligible for seven (7) years from the date of entry; or (3-17-22) e. Is a Cuban or Haitian entrant to the U.S. under Section 501(e) of the Refugee Assistance Act, an d can be eligible for seven (7) years from their date of entry; or (3-17-22) 07. Qualified Non-Citizen Entering on or After August 22, 1996. A qualified non-citizen under 8 U.S.C. 1641(b) or (c), entering the U.S. on or after August 22, 1996, and who has had a qualified non-citizen statu s for at least five (5) years; or (3-17-22) 08. Victim of Severe Form of Trafficking. A victim of a severe form of trafficking in persons, as defined in 22 U.S.C. 7102(13); who meets one (1) of the following: (3-17-22) a. Is under the age of eighteen (18) years; or (3-17-22) b. Is certified by the U.S. Department of Health and Human Services as willing to assist in th e investigation and prosecution of a severe form of trafficking in persons; and (3-17-22) i. Has made a bona fide application for a temporary visa under 8 U.S.C. 1104(a)(15)(T), which ha s not been denied; or (3-17-22) ii. Is remaining in the U.S. to assist the U.S. Attorney General in the prosecution of traffickers in persons. (3-17-22) 09. Afghan Special Immigrants. An Afghan special immigrant, as defined in Public Law 111-118, who has special immigration status after December 26, 2007, is eligible from the date they enter into the U.S. as a special immigrant or the date they convert to the special immigrant status. (3-17-22) 10. Iraqi Special Immigrants. An Iraqi special immigrant, as defined in Public Law 111-118, who ha s special immigration status after January 28, 2008, is eligible from the date they enter the U.S. as a special immigran t or the date they convert to the special immigrant status. (3-17-22) 132. (RESERVED)