N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 373-1.3

Current through Register Vol. 46, No. 45, November 2, 2024

Section 373-1.3 - Requirements for documentation of immigration status

An applicant for RCA must, as a condition of eligibility, provide proof to the social services district, in the form of documentation issued by the Immigration and Naturalization Service (INS), of one of the following statuses:

(a) refugee or asylee status:

(1) paroled as a refugee or asylee under section 212(d)(5) of the Immigration and Naturalization Act (the Act); or

(2) admitted as a refugee under section 207 of the Act; or

(3) granted asylum under section 208 of the Act.

(b) Cuban/Haitian entrant status:

(1) 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; or

(2) any other national of Cuba or Haiti

(i) who:

(a) was paroled into the United States and has not acquired any other status under the Immigration and Nationality Act;

(b) is the subject of exclusion or deportation proceedings under the Immigration and Nationality Act; or

(c) has an application for asylum pending with the Immigration and Naturalization Service; and

(ii) with respect to whom a final, nonappealable, and legally enforceable order of deportation or exclusion has not been entered.

(c) certain Amerasians from Vietnam who are admitted to the United States as immigrants pursuant to section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in section 101[e] of Public Law 100-202 and amended by the 9th proviso under Migration and Refugee Assistance in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Acts), 1989 ( Public Law 100-461 as amended); or

(d) admitted for permanent residence, provided the individual previously held one of the statuses identified in subdivision (c) of this section.

N.Y. Comp. Codes R. & Regs. Tit. 18 §§ 373-1.3