468 Neb. Admin. Code, ch. 2, § 003

Current through September 17, 2024

Section 468-2-003 - CITIZENSHIP AND ALIEN STATUS

In order to be eligible for Aid to Dependent Children, an individual's status must be verified as one of the following:

(A) A citizen of the United States;

(B) Qualified aliens as defined in Section 431 of the Immigration and Nationality Act (INA):

(i) An alien who was admitted as a lawful permanent resident (LPR) and has resided in the United States for at least five calendar years from the date of entry or who has worked or can be credited with 40 qualifying quarters of work;

(ii) A refugee admitted to the United States under Section 207 of the Immigration and Nationality Act;

(iii) An asylee under Section 208 of the Immigration and Nationality Act;

(iv) Victims of a severe form of trafficking (Victims of Trafficking and Violence Protection Act of 2000);

(v) An alien whose deportation is withheld under Section 243(h) of the Immigration and Nationality Act;

(vi) An alien from Cuba or Haiti who was admitted under Section 501(e) of the Refugee Education Assistance Act of 1980;

(vii) A refugee who entered the United States before April 1, 1980, and was granted conditional entry;

(viii) An alien who has been battered or subjected to extreme cruelty in the United States by a spouse or a parent or by a member of the spouse's or parent's family who is residing in the same household as the alien; but only after having resided in the United States for at least five calendar years from the date of entry or who has worked or can be credited with 40 qualifying quarters of work. A child of a battered alien meeting these requirements is also eligible.

(C) Iraqi and Afghan aliens granted special immigration status;

(D) An Amerasian immigrant under Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations act of 1988, as amended;

(E) An alien with past or current military involvement defined as an alien veteran who is on active duty, other than active duty for training, with any of the United States Armed Forces units or who has been honorably discharged, not on account of alienage, and who has fulfilled minimum active-duty service requirements. Minimum active-duty is defined as 24 months or the period for which the person was called to active duty. The spouse or unmarried dependent child of an alien veteran as described in this paragraph is also eligible;

(F) An alien who is paroled into the United States under Section 212(d)(5) of the Immigration and Nationality Act but only after having resided in the United States for at least five calendar years from the date of entry or who has worked or can be credited with 40 qualifying quarters of work.

468 Neb. Admin. Code, ch. 2, § 003

Amended effective 1/9/2017.

Amended effective 8/29/2022