Classifications of Qualified Non-Citizens

Classifications of Qualified Non-Citizens A. There are eleven (11) classifications of qualified non-citizens. Nine (9) are based on Immigration and Naturalization Service (INS) non-citizen status, one (1) is based on battery or extreme cruelty and INS non-citizen status, and one (1) is based on severe forms of trafficking and certification by U.S. Health and Human Services. B. The eleven (11) classifications of qualified non-citizens are: 1. A Non-Citizen Lawfully Admitted for Permanent Residence (LPR). Under the Immigration and Nationality Act (INA), 2. A refugee. Admitted under Section 207 of the INA, 3. A Non-Citizen granted Asylum. Under Section 208 of the INA, 4. A Cuban and Haitian Entrant. As defined in Section 501(e) of the Refugee Education Assistance Act of 1980, 5. A Non-Citizen Granted Parole For At Least One (1) Year. Under Section 212(d)(5) of the INA, 6. A Non-Citizen Whose Deportation Is Being Withheld. Under (1) Section 243(h) of the INA as in effect prior to April 1, 1997; or (2) Section 241(b)(3) of the INA, as amended, 7. A Non-Citizen Granted Conditional Entry. Under Section 203(a)(7) of the INA in effect before April 1, 1980, 8. A Battered Non-Citizen. A qualified non-citizen includes an individual who has been battered or subjected to extreme cruelty in the U.S. by a spouse or a parent or by a member of the spouse or parent’s family residing in the same household as the non-citizen. The non-citizen must be either the person battered, the parent of a child who is battered or a child whose parent has been battered. The battered non-citizen must not be residing in the same household with the person responsible for the battery or extreme cruelty at the time of application for coverage. A battered non-citizen must meet the condition set forth in Section 431(c) of PRWORA, as added by Section 501 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 Pub. L. 104-208(IIRIRA), and amended Section 5571 Balanced Budget Act of 1997, Pub. L.105-33(BBA) and Section 1508 of the Violence Against Women Act of 2000, PRWORA as amended, is codified at 8 U.S.C. § 1641(e), or 9. A Victim of a Severe Form of Trafficking. In accordance with Section 107(b)(1) of the trafficking Victims Protection Act of 2000, Pub. L. 106-86. A non-citizen who is a victim of trafficking is eligible to the same extent as a non-citizen admitted to the U.S. as a refugee under section 207 of the INA. 10. American Indians born in Canada are considered qualified non-citizens if: a) They are at least one-half American Indian blood, and b) Have established and maintained residence in the US since entry. 11. Citizens of the Freely Associated (COFA) States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.