121 CMR 2.420
Refugee Status
(1) Individuals with the following statuses may be eligible for services and benefits under the
MA Refugee Resettlement Program. For purposes of the program, "refugee" is used to describe
anyone who falls within the following statuses. Also see 45 CFR § 400.43(a)(1) through (6):
(a) Individuals paroled as refugees or asylees under § 212(d)(5) of the Immigration and
Nationality Act (INA).
(b) Refugees admitted under § 207 of the INA.
(c) Asylees whose status was granted under § 208 of the INA.
(d) Cuban and Haitian entrants, as defined below, in accordance with the requirements in
45 CFR § 401.2:
1. Any individual granted parole status as a Cuban/Haitian Entrant (Status Pending) or
granted any other special status subsequently established under the immigration laws for
nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance
or services are provided.
2. A national of Cuba or Haiti who was paroled into the U.S. and has not acquired any
other status under the INA and with respect to whom a final, non-appealable, and legally
enforceable order of removal, deportation or exclusion has not been entered.
3. A national of Cuba or Haiti who is the subject of removal, deportation or exclusion
proceedings under the INA and with respect to whom a final, non-appealable, and legally
enforceable order of removal, deportation or exclusion has not been entered.
4. A national of Cuba or Haiti who has an application for asylum pending with USCIS
or the Executive Office of Immigration Review, U.S. Department of Justice, and with
respect to whom a final, non-appealable, and legally enforceable order of removal,
deportation or exclusion has not been entered.
(e) Lawful permanent residents provided the individuals previously held one of the statuses
identified 121 CMR 2.420(4)(a) through (d).
(f) Certain Amerasians from Vietnam who are admitted to the United States as immigrants
pursuant to § 584 of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1988 (as contained in § 101(e) of Public Law 100-202), as amended
(8 U.S.C. § 1101 note).
(g) Iraqi and Afghan Special Immigrants per section 1244(g) of Div. A of Pub. L. 110-181,
as amended (8 U.S.C. § 1157 note) and section 602(b) (8) of Div. F of Pub. L. 118-8, as
amended (8 U.S.C. § 1101 note).
(h) Victims of a severe form of trafficking in persons per the Victims of Trafficking and
Violence Protection Act of 2000, Pub. L. No. 106-386, as amended, 22 U.S.C. § 7105(b) (1)
(A) and (C).
(2) Individuals must submit valid documentation of refugee, asylee, Cuban and Haitian Entrant,
Iraqi and Afghan Special Immigrant Visa (SIV) holder, or Amerasian status from
U.S. Citizenship and Immigration Services (USCIS); or of Victim of human trafficking status
from the federal Administration for Children and Families or from USCIS. If the refugee does
not have USCIS documentation, biographical data received from the U.S. Department of State
can serve as temporary replacement verification.
(3) A child(ren) of a refugee(s) who is not a refugee(s) him or herself, including a U. S. citizen,
may be eligible as long as he or she is living with a parent(s) who is a refugee(s) and not living
with a parent who is not a refugee. A birth record, or third-party affidavit if a birth record is not
available, shall verify relationship.