La. Admin. Code tit. 67 § III-1931

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-1931 - Qualified Aliens

A. In addition to U.S. citizens, the following qualified aliens are eligible for benefits:

1. an alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act;

2. an alien who is granted asylum under Section 208 of such Act;

3. a refugee who is admitted to the United States under Section 207 of such Act;

4. an alien who is paroled into the United States under Section 212(d)(5) of such Act for a period of at least one year;

5. an alien whose deportation is withheld under §243(h) of such Act [as in effect immediately before the effective date (April 1, 1997) of §307 of Division C of Public Law 104-208] or §241(b)(3) of such Act [as amended by §305(a) of Division C of Public Law 104-208];

6. an alien who is granted conditional entry pursuant to §203(a)(7) of such Act as in effect prior to April 1, 1980; or

7. an alien who is a Cuban or Haitian entrant, as defined in §501. e of the Refugee Education Assistance Act of 1980;

8. an alien who has been battered or subjected to extreme cruelty in the United States by a spouse or parent, or by a member of the spouse's or parent's family residing in the same household as the alien if the spouse or parent consented to, or acquiesced in, such battery or cruelty. The individual who has been battered or subjected to extreme cruelty must no longer reside in the same household with the individual who committed the battery or cruelty. The agency must also determine that a substantial connection exists between such battery or cruelty and the need for the benefits to be provided. The alien must have been approved or have a petition pending which contains evidence sufficient to establish:

a. the status as a spouse or a child of a United States citizen pursuant to Clause (ii), (iii), or (iv) of §204(a)(1)(A) of the Immigration and Nationality Act (INA); or

b. the classification pursuant to Clause (ii) or (iii) of Section 204(a)(1)(B) of the INA; or

c. cancellation of removal under Section 1229b of the INA (as in effect prior to April 1, 1997); or

d. the status as a spouse or child of a United States citizen pursuant to Clause (i) of §204(a)(1)(A) of the INA, or classification pursuant to Clause (i) of §204(a)(1)(B) of the INA;

e. cancellation of removal pursuant to Section 1229b(b)(2) of the INA;

9. an alien child of a battered parent or the alien parent of a battered child as described in §1931. A 8; or

10. an alien who is the victim of a severe form of trafficking in persons;

11. an Iraqi or Afghan immigrant who has been granted Special Immigrant Visa (SIV) status.

La. Admin. Code tit. 67, § III-1931

Promulgated by the Department of Health and Human Resources, Office of Family Security, LR 9:130 (March 1983), amended by the Department of Social Services, Office of Family Support, LR 25:710 (April 1999), LR 28:1600 (July 2002), amended by the Department of Children and Family Services, Economic Stability and Self-Sufficiency Section, LR 36:2527 (November 2010).

AUTHORITY NOTE: Promulgated in accordance with P.L. 104-193, P.L. 104-208, P.L. 105-33, P.L. 105-185, and P.L. 106-386.