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Qualified and Eligible Alien

Policy applies the term “qualified and eligible alien” to the following people.

Certain aliens qualify as both qualified and eligible.

They are

  • an asylee under Section 208 of the Immigration and Nationality Act (INA),

  • a refugee per Section 207 of INA,

  • an immigrant having his or her deportation withheld per Section 243(h) of the INA,

  • a Cuban or Haitian entrant or parolee per Section 501(e) of the Refugee Education Assistance Act of 1980 and INA 212(d)(5), and

  • a severe trafficking victim or a child of a severely trafficked parent or caretaker (a victim has a letter of certification and a T visa; call 1-866-401-5510 to verify status).

All other aliens must show a qualifying immigration status and meet other eligibility criteria. The aliens must meet one criterion from each list—one from the qualified alien list and one from the eligible alien list—to qualify.

Qualified alien Eligible alien

  • A lawfully-admitted permanent resident per Section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act,

  • a parolee into the U.S. for a period of at least one year per Section 212(d)(5) of the INA,

  • a conditional entrant per Section 203(a)(7) of the INA, or

  • a battered spouse, child, or parent or a child of battered person with a petition under Section 204(a)(1)(A) or (B) or Section 244(A)(3) of the INA.

  • a resident of the U.S. for at least 5 years since the legal entry date,

  • a child under 18,

  • a recipient of disability or blindness payments,

  • an Amerasian admitted per Section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act,

  • an active duty military serviceperson and, if applicable, his or her spouse or dependent children. Active duty does not include training.

  • an US military veteran with honorable discharge for reasons other than alienage.
    The veteran must have
    • served 24 months of active service or had completed 24 months of service when called to active service or

    • died during active service.
      • Time served in the Philippine Commonwealth Army during the WWII or as a Philippine scout following the war counts toward the time counted.

  • an unmarried dependent child of a deceased veteran or person who died during active duty,

  • a surviving and unmarried spouse of deceased veteran or person who died during active duty service.
    The marriage must have
    • been longer than one year,

    • produced a child either before or during the marriage, or

    • within 15 years of when the veteran experienced or aggravated an injury or contracted a disease,

  • a person who earned or received credit for 40 qualifying quarters under Title II of the Social Security Act.
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