Md. Code Regs. 07.03.16.03

Current through Register Vol. 52, No. 1, January 10, 2025

Section 07.03.16.03 - Technical Eligibility

A. To qualify for RCA, an individual:

(1) Shall:

(a) Meet immigration status and documentation requirements as described in §B of this regulation;

(b) Be a Maryland resident as described in §C of this regulation;

(c) Have resided in the United States less than 8 months following the:

(i) Initial month of entry into the country as a refugee; or

(ii) Granting of status as an asylee or victim of severe trafficking in persons;

(d) Be ineligible for TCA, SSI, or other federal programs for the aged, blind or disabled, children, or families; and

(e) In the case of a refugee, provide the name of the local resettlement agency that resettled the individual; and

(2) May not be a full-time student in an institution of higher education, except if enrollment is approved by the LDSS as part of an individual employability plan for the refugee or a plan for an unaccompanied minor.

B. Refugee and Asylee Status Requirements.

(1) An applicant for RCA shall provide verification of immigration status, in the form of documentation from the Immigration and Naturalization Service (INS), that the individual has been:

(a) Paroled as a refugee or asylee under § 212(d)(5) of the INA;

(b) Admitted as a refugee under § 207 of the INA;

(c) Granted asylum status in the U.S. under § 208 of the INA;

(d) Granted status as a Cuban and Haitian entrant as defined in § 501(e) of the Refugee Education Assistance Act of 1980;

(e) Admitted to the Unites States as an Amerasian under 8 U.S.C. § 1612(a)(2)(A); or

(f) Certified by the United States Department of Health and Human Services Office of Refugee Resettlement as a victim of a severe form of trafficking in persons in accordance with Public Law 106-386 Trafficking Victims Protection Act of 2000.

(2) An individual admitted for permanent residence also meets the status requirements of §B(1) of this regulation if the individual previously held one of the statuses described in §B(1) of this regulation.

C. Residence.

(1) The applicant and all recipients of RCA shall be residents of the State.

(2) A resident of the State is one who is:

(a) Living in the State voluntarily and not for a temporary purpose and has no immediate intention of moving from the State; and

(b) Not receiving assistance from another state.

(3) The LDSS may not impose requirements as to duration of residence in the State as a condition of receipt of RCA.

Md. Code Regs. 07.03.16.03