Qualified alien

A qualified alien, according to Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) (Public Law 104-193, 110 Stat. 2168), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) (Public Law 104-208), and the Balanced Budget Act of 1997 (BBA) (Public Law 105-33, 8 U.S.C. 1642), is defined as:


 * 1) an alien who is lawfully admitted for permanent residence under the INA;
 * 2) an alien who is granted asylum under Section 208 of the INA;
 * 3) a refugee who is admitted to the United States under Section 207 of the INA;
 * 4) an alien who is paroled into the United States under Section 212(d)(5) of the INA for a period of at least 1 year;
 * 5) an alien whose deportation is being withheld under Section 243(h) of the INA (as in effect prior to April 1, 1997) or whose removal has been withheld under Section 241(b)(3);
 * 6) an alien who is granted conditional entry pursuant to Section 203(a)(7) of the INA as in effect prior to April 1, 1980;
 * 7) an alien who is a Cuban/Haitian Entrant as defined by Section 501(e) of the Refugee Education Assistance Act of 1980; and
 * 8) an alien who has been battered or subjected to extreme cruelty, or whose child or parent has been battered or subject to extreme cruelty."

Note: INA = Immigration and Nationality Act (updated through December 17, 2004).

"Specially qualified alien"
A "specially qualified alien" is:


 * 1) a refugee admitted under Section 207 of the Immigration and Nationality Act, for a period of seven years from the date the person was admitted into the United States as a refugee;
 * 2) an asylee granted status under Section 208 of the Immigration and Nationality Act, for a period of seven years from the date that the asylee was granted status;
 * 3) a person for whom deportation was withheld under Section 241(b) or 243(h) of the Immigration and Nationality Act, for a period of seven years from the date that the deportation was withheld;
 * 4) a Cuban and Haitian entrant (as defined in Section 501(e) of the Refugee Education Assistance Act of 1980) for a period of seven years from the the date such status was granted;
 * 5) an alien admitted into the United States as an Amerasian immigrant as described in Section 402(a)(2)(A)(i)(V) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)(A)) for a period of seven years from the date the person was admitted into the United States;
 * 6) a person lawfully admitted for permanent residence into the United States who has worked for or can be credited with 40 quarters as defined under Title II of the federal Social Security Act, or can be credited with such qualifying quarters exclusive of any quarter after December 31,1996, in which such person or such person's parent or spouse received any federal means tested assistance, whose entry into the United States was at least five years earlier or who entered the United States prior to August 22, 1996; and
 * 7) any qualified alien who is on active duty, other than duty for training, in the United States Armed Forces or who has received a discharge characterized as honorable and not on account of alienage, or the spouse, unremarried surviving spouse or unmarried dependent child of any such alien if such alien, spouse or dependent child is also a qualified alien.

Source: "Citizenship and Alien Status," Neighborhood Legal Services, Inc., Buffalo, NY.

California "qualified alien"
Effective January 1, 2005, a qualified alien in California is:
 * 1) an alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act, which includes Amerasian immigrants. Proof is an Immigration and Naturalization Service (INS) Form I-151 or I-551 or INS Form I-94 with class codes AM1, AM2, or AM3.
 * 2) an alien who is admitted as a refugee under section 207 of the INA. Proof is an INS Form I-94.
 * 3) an alien who is granted conditional entry under section 203(a)(7) of the INA as in effect prior to April 1, 1980. Proof is an INS Form I-94 stamped "Refugee-Conditional Entry."
 * 4) an alien who is granted asylum under section 208 of the INA. Proof is an INS Form I-94 and a letter establishing this status.
 * 5) an alien who is paroled into the United States under section 212(d)(5) of the INA for a period of at least 1 year. Proof is an I-94 stating that he has been paroled under Section 212(d)(5) of the INA or stamped "Cuban/Haitian Entrant (Status Pending) Reviewable January 15, 1981."
 * 6) an alien whose deportation is being withheld under section 243(h) of the INA (status granted prior to September 30, 1996), or under section 241(b)(3) after September 30, 1996. Proof is an order from an immigration judge showing that deportation has been withheld. If deportation is being withheld under another section of the INA, the person is not a qualified alien.
 * 7) an alien who is granted status as a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980).
 * 8) an alien who is admitted as an Amerasian immigrant (these individuals may enter as refugees or lawful permanent residents.)
 * 9) an American Indian born in Canada who is at least one-half American Indian. They are considered lawful permanent residents, but will not have INS documents. A statement from the tribe is acceptable verification. They are not subject to the five-year bar for eligibility.


 * Source: "CHIP Manual" posted at UtahCares, utah.gov.

Related SourceWatch Resources

 * illegal immigration
 * Systematic Alien Verification for Entitlements (SAVE)