OAR 413-100-0210: U.S. Citizenship and Qualified Non-citizens

A Title IV-E eligible child or young adult must be: (1) A United States citizen; or (2) A qualified non-citizen is defined by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), P.L. 104-193. Under Section 431 of PRWORA, a qualified non-citizen's access to federal public benefits is restricted for five years beginning on the date of the qualified non-citizen's entry into the United States, unless subsection (b), (c), or (d) of this section applies. Under PRWORA, a qualified non-citizen is: (a) Lawfully admitted into the United States for permanent residence under the Immigration and Nationality Act (the "Act"); (b) Granted asylum under Section 208 of the Act; (c) A refugee admitted to the United States under section 207 of the Act; (d) Paroled into the United States under section 212(d)(5) of the Act for a period of at least one year; (e) An individual whose deportation is being withheld under Section 243(h) of the Act; (f) An individual granted conditional entry under section 203(a)(7) of the Act as in effect prior to April 1, 1980; (g) If the child is a qualified non-citizen who is placed with a qualified non-citizen or United States citizen, the date the child entered the United States is irrelevant, and the five-year restriction on federal public benefits does not apply; or (h) If the child is a qualified non-citizen who entered the United States on or after August 22, 1996, and is placed with an unqualified qualified non-citizen, the child would be subject to the five-year residency requirement for federal public benefits at section 403(a) of PRWORA unless the child is in one of the excepted groups identified at section 403(b).