Or. Admin. Code § 461-120-0125

Current through Register Vol. 63, No. 10, October 1, 2024

Section 461-120-0125 - [Effective until 12/16/2024] Noncitizen Status Requirements

An individual who must meet noncitizen status requirements under OAR 461-120-0110, must meet the noncitizen status requirements of the program for which they are applying. The requirements are listed in sections (2) through (6) of this rule.

(1) For purposes of this chapter of rules,

(a) In all programs, an individual is a "qualified noncitizen" if the individual is any of the following:

(A) An individual who is lawfully admitted for permanent residence under the Immigration and Nationality Act (INA) (8 U.S.C. 1101et seq).

(B) An Iraqi or Afghan individual granted special immigrant visa status (SIV) under section 101(a)(27) of the INA. These individuals are lawfully admitted for permanent residence under the INA.

(C) An individual who is an "Amerasian" who is granted immigration status under section 584 of Public Law 100-202; the Foreign Operations, Export Financing, and Related Program Appropriations Act of 1988; as amended by Public Law 100-461. These individuals are lawfully admitted for permanent residence under the INA.

(D) An individual who is admitted to the United States as a refugee under section 207 of the INA (8 U.S.C. 1157).

(E) An individual who is granted asylum under section 208 of the INA (8 U.S.C. 1158).

(F) An individual who is a "Cuban or Haitian entrant" (as defined in section 501(3) of the Refugee Education Assistance Act of 1980).

(G) An individual who is a "victim of a severe form of trafficking in persons" certified under the Victims of Trafficking and Violence Protection Act of 2000 (22 U.S.C. 7101 to 7112).

(H) An individual who is a family member of a "victim of a severe form of trafficking in persons" who holds a visa for family members authorized by the Trafficking Victims Protection Reauthorization Act of 2003 (22 U.S.C. 7101 to 7112).

(I) An individual whose deportation is being withheld under section 243(h) of the INA (8 U.S.C. 1253(h)) (as in effect immediately before April 1, 1997) or section 241(b)(3) of the INA (8 U.S.C. 1231(b)(3)) (as amended by section 305(a) of division C of the Omnibus Consolidated Appropriations Act of 1997, Pub. L. No. 104-208, 110 Stat. 3009-597 (1996)).

(J) An individual who is paroled into the United States under section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5)) for a period of at least one year.

(K) An individual who is granted conditional entry pursuant to section 203(a)(7) of the INA (8 U.S.C. 1153(a)(7)) as in effect prior to April 1, 1980.

(L) An individual who is a battered spouse or dependent child who meets the requirements of 8 U.S.C. 1641(c), as determined by the U.S. Citizenship and Immigration Services (USCIS).

(b) In the Oregon Supplemental Income Program Medical (OSIPM) and Qualified Medicare Beneficiaries (QMB) programs, in addition to subsection (a) of this section, an individual is a "qualified noncitizen" if the individual is from the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau who lawfully reside in the United States in accordance with the Compacts of Free Association. The provisions in this subsection are retroactively effective December 28, 2020.

(c) In the Supplemental Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF) program, in addition to subsection (a) of this section, an individual is a "qualified noncitizen" if the individual is a citizen of the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau who lawfully resides in the United States in accordance with the Compacts of Free Association. The provisions in this subsection are retroactively effective March 9, 2024.

(2) In all programs except the Refugee Assistance (REF) and Refugee Assistance Medical (REFM) programs, an individual meets the noncitizen status requirements if the individual is one of the following:

(a) An Indigenous, First Nation, Inuit, Metis, or Aboriginal individual who is born in Canada to whom the provisions of section 289 of the INA (8 U.S.C. 1359) apply.

(b) A qualified noncitizen (see section (1) of this rule) who is any of the following:

(A) A veteran of the United States Armed Forces who was honorably discharged for reasons other than noncitizen status and who fulfilled the minimum active-duty service requirements described in 38 U.S.C. 5303A(d).

(B) A member of the United States Armed Forces on active duty (other than active duty for training).

(C) The spouse, the un-remarried surviving spouse, or an unmarried dependent child, of an individual described in paragraphs (A) or (B) of this subsection.

(3) In the TANF program, an individual meets the noncitizen status requirements if the individual is one of the following:

(a) An individual who is a qualified noncitizen (see subsections (1)(a) and (1)(c) of this rule).

(b) An individual who is a noncitizen who is currently experiencing domestic violence (see OAR 461-001-0000) or who has a safety concern related to domestic violence.

(c) Effective October 1, 2021 until March 31, 2023, or through the end of their parole, whichever is later:

(A) An individual who is a citizen or national of Afghanistan paroled into the U.S. between July 31, 2021 through September 30, 2023.

(B) An unmarried child under the age of 21 or spouse of an individual listed in paragraph (A) of this subsection, who is paroled into the U.S. after September 30, 2022.

(C) A parent or legal guardian of an individual listed in paragraph (A) of this subsection, who is determined to be an unaccompanied child as defined by 6 U.S.C. § 279(g)(2), who is paroled into the U.S. after September 30, 2022.

(d) Effective October 1, 2021:

(A) An individual who is a citizen or national of Afghanistan who was granted Special Immigrant Conditional Permanent Resident status on or after July 31, 2021.

(B) An individual who is a citizen or national of Afghanistan who was granted Special Immigrant SQ/SI Parole status on or after July 31, 2021.

(C) An unmarried child under the age of 21 or spouse of an individual listed in paragraph (A) or (B) of this subsection.

(D) A parent or legal guardian of an individual listed in paragraph (A) or (B) of this subsection who is determined to be an unaccompanied child as defined by 6 U.S.C. § 279(g)(2).

(e) Effective May 21, 2022, through the end of their parole:

(A) An individual who was paroled into the U.S. between February 24, 2022, and September 30, 2023, and meets one of the following:

(i) Is a citizen or national of Ukraine.

(ii) Last habitually resided in Ukraine.

(B) An individual who was paroled after September 30, 2023, and who is one of the following:

(i) An unmarried child under the age of 21 of an individual listed in paragraph (3)(e)(A) or subsection (3)(f) of this rule. An unmarried child is an individual as defined in section 101(b) of the Immigration and Nationality Act (INA) (8 U.S.C. § 1101(b)).

(ii) The spouse of an individual listed in paragraph (3)(e)(A) or subsection (3)(f) of this rule.

(C) An individual who was paroled into the U.S. after September 30, 2023, and is the parent, legal guardian, or primary caregiver of one of the following:

(i) An individual listed in paragraph (3)(e)(A) or subsection (3)(f) of this rule who is an unaccompanied refugee minor, as defined in section 412(d)(2)(B) of the INA (8 U.S.C. § 1522(d)(2)(B)).

(ii) An individual listed in paragraph (3)(e)(A) or subsection (3)(f) of this rule who is an unaccompanied child, as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. § 279(g)(2)).

(f) Effective April 24, 2024, through the end of their parole, an individual who was paroled into the U.S. from October 1, 2023, through September 30, 2024, and is a citizen or national of Ukraine or last habitually resided in Ukraine.

(4) In the OSIPM and QMB programs an individual meets the noncitizen status requirements if the individual meets any of the following:

(a) The individual has been granted a USCIS status listed under paragraphs (1)(a)(B) through (1)(a)(I) or paragraph (1)(b) of this rule.

(b) Effective October 1, 2009, the individual is a qualified noncitizen and is under 19 years of age.

(c) The individual was a qualified noncitizen before August 22, 1996.

(d) The individual has been granted a USCIS status listed under paragraphs (1)(a)(A), and (1)(a)(J) through (1)(a)(L) and meets one of the following:

(A) Physically entered the United States or was granted the USCIS status on or after August 22, 1996; and has been in the U.S. for five years beginning on the date the USCIS status was granted.

(B) Physically entered the United States before August 22, 1996 and was continuously present in the United States between August 22, 1996, and the date the USCIS status was granted. An individual is not continuously present in the United States if the individual is absent from the United States for more than 30 consecutive days or a total of more than 90 days between August 22, 1996 and the date the USCIS status was granted.

(e) The individual is under the age of 19 and is one of the following:

(A) An individual described in 8 CFR section 103.12(a)(4) who belongs to one of the following classes of noncitizens permitted to remain in the United States because the Attorney General has decided for humanitarian or other public policy reasons not to initiate deportation or exclusion proceedings or enforce departure:

(i) An individual currently in temporary resident status pursuant to section 210 or 245A of the INA (8 USC 1160 and 1255a);

(ii) An individual currently under Temporary Protected Status (TPS) pursuant to section 244 of the INA (8 USC 1229b);

(iii) An individual who is a "Cuban or Haitian entrant," as defined in section 202(b) Pub. L. 99-603 (8 USC 1255a), as amended;

(iv) Family Unity beneficiaries pursuant to section 301 of Pub. L. 101-649 (8 USC 1255a), as amended;

(v) An individual currently under Deferred Enforced Departure (DED) pursuant to a decision made by the President;

(vi) An individual currently in deferred action status pursuant to Department of Homeland Security Operating Instruction OI 242.1(a)(22); or

(vii) An individual who is the spouse or child of a United States citizen whose visa petition has been approved and who has a pending application for adjustment of status.

(B) An individual in non-immigrant classifications under the INA who is permitted to remain in the U.S. for an indefinite period, including those individuals as specified in section 101(a)(15) of the INA (8 USC 1101).

(f) In the OSIPM program, is receiving Supplemental Security Income (SSI) benefits.

(g) In the QMB program, is receiving SSI and Medicare Part A benefits.

(h) Effective July 31, 2021 until March 31, 2023, or through the end of their parole, whichever is later:

(A) An individual who is a citizen or national of Afghanistan paroled into the U.S. between July 31, 2021 through September 30, 2023.

(B) An unmarried child under the age of 21 or spouse of an individual listed in paragraph (A) of this subsection, who is paroled into the U.S. after September 30, 2022.

(i) Effective July 31, 2021:

(A) An individual who is a citizen or national of Afghanistan who was granted Special Immigrant Conditional Permanent Resident status on or after July 31, 2021.

(B) An individual who is a citizen or national of Afghanistan who was granted Special Immigrant SQ/SI Parole status on or after July 31, 2021.

(C) An unmarried child under the age of 21 or spouse of an individual listed in paragraph (A) or (B) of this subsection.

(D) A parent or legal guardian of an individual listed in paragraph (A) or (B) of this subsection who is determined to be an unaccompanied child as defined by 6 U.S.C. § 279(g)(2).

(j) Effective February 24, 2022, through the end of their parole:

(A) An individual who was paroled into the U.S. from February 24, 2022, through September 30, 2024, and meets one of the following:

(i) Is a citizen or national of Ukraine.

(ii) Last habitually resided in Ukraine.

(B) An individual who was paroled after September 30, 2023, and who is one of the following:

(i) An unmarried child under the age of 21 of an individual listed in paragraph (4)(j)(A) of this rule.

(ii) The spouse of an individual listed in paragraph (4)(j)(A) of this rule.

(iii) The parent, legal guardian, or primary caregiver of an individual listed in paragraph (4)(j)(A) of this rule who is also determined to be either an unaccompanied child under section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. § 279(g)(2)) or an unaccompanied refugee minor under section 412(d)(2)(B) of the Immigration and Nationality Act (8 U.S.C. 1522(d)(2)(B)).

(5) In the REF and REFM programs, an individual meets the noncitizen status requirements if the individual is admitted lawfully under any of the following provisions of law:

(a) The individual has been granted a USCIS status listed under paragraphs (1)(a)(B) through (1)(a)(H).

(b) The individual has been paroled as a refugee or asylee under section 212(d)(5) of the Immigration and Nationality Act (INA) (8 USC 1182(d)(5)).

(c) Effective October 1, 2021 until March 31, 2023, or through the end of their parole, whichever is later:

(A) An individual who is a citizen or national of Afghanistan paroled into the U.S. between July 31, 2021 through September 30, 2023.

(B) An unmarried child under the age of 21 or spouse of an individual listed in paragraph (A) of this subsection, who is paroled into the U.S. after September 30, 2023.

(d) Effective October 1, 2021:

(A) An individual who is a citizen or national of Afghanistan who was granted Special Immigrant Conditional Permanent Resident status on or after July 31, 2021.

(B) An individual who is a citizen or national of Afghanistan who was granted Special Immigrant SQ/SI Parole status on or after July 31, 2021.

(C) An unmarried child under the age of 21 or spouse of an individual listed in paragraph (A) or (B) of this subsection.

(D) A parent or legal guardian of an individual listed in paragraph (A) or (B) of this subsection who is determined to be an unaccompanied child as defined by 6 U.S.C. § 279(g)(2).

(e) Effective May 21, 2022, through the end of their parole:

(A) An individual who was paroled into the U.S. from February 24, 2022, through September 30, 2023, and meets one of the following:

(i) Is a citizen or national of Ukraine.

(ii) Last habitually resided in Ukraine.

(B) An individual who was paroled after September 30, 2023, and who is one of the following:

(i) An unmarried child under the age of 21 of an individual listed in paragraph (5)(e)(A) or subsection (5)(f) of this rule. An unmarried child is an individual defined in section 101(b) of the Immigration and Nationality Act (INA) (8 U.S.C. § 1101(b)).

(ii) The spouse of an individual listed in paragraph (5)(e)(A) or subsection (5)(f) of this rule.

(C) An individual who was paroled into the U.S. after September 30, 2023, and is the parent, legal guardian, or primary caregiver of one of the following:

(i) An individual listed in paragraph (5)(e)(A) or subsection (5)(f) of this rule who is an unaccompanied refugee minor, as defined in section 412(d)(2)(B) of the INA (8 U.S.C. § 1522(d)(2)(B)).

(ii) An individual listed in paragraph (5)(e)(A) or subsection (5)(f) of this rule who is an unaccompanied child, as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. § 279(g)(2)).

(6) In the SNAP program, an individual meets the noncitizen status requirements if the individual meets any of the following:

(a) Has been granted a USCIS status listed under paragraphs (1)(a)(B) through (1)(a)(I) or subsection (1)(c) of this rule.

(b) Has been granted a qualified noncitizen USCIS status and is under age 18.

(c) Has been granted a qualified noncitizen USCIS status and has a disability (see OAR 461-001-0015).

(d) Was born on or before August 22, 1931, and on August 22, 1996, was lawfully residing in the United States.

(e) Was a member of a Hmong or Highland Laotian Tribe at the time that the Tribe rendered assistance to United States personnel by taking part in a military or rescue operation during the Vietnam era (as defined in 3 8 U.S.C. 101), and is a noncitizen who is lawfully residing in the United States.

(f) Is a spouse, the un-remarried surviving spouse, or an unmarried dependent child, of an individual described in subsection (6)(e) of this rule.

(g) An individual meets the noncitizen status requirements when the individual has been granted a USCIS status listed under paragraph (1)(a)(A) or paragraphs (1)(a)(J) through (1)(a)(L) of this rule, and has completed one of the following:

(A) The individual has been residing in the United States for at least five years while a qualified noncitizen.

(B) The individual has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act, or can be credited with such qualifying quarters as provided under 8 U.S.C. 1645, subject to the following provisions:

(i) No quarter beginning after December 31, 1996, is a qualifying quarter if the individual received any federal, means-tested benefit during the quarter. Federal means-tested benefits include SNAP, TANF, and Medicaid (except emergency medical).

(ii) For the purpose of determining the number of qualifying quarters of coverage, an individual is credited with all of the quarters of coverage worked by a parent of the individual while the individual was under the age of 18 and all of the qualifying quarters worked by a spouse of the individual during their marriage, during the time the individual remains married to such spouse or such spouse is deceased.

(iii) A lawful permanent resident who would meet the noncitizen status requirements, except for a determination by the Social Security Administration (SSA) that the individual has fewer than 40 quarters of coverage, may be provisionally certified for SNAP program benefits while SSA investigates the number of quarters creditable to the individual. An individual provisionally certified under this section who is found by SSA, in its final administrative decision after investigation, not to have 40 qualifying quarters is not eligible for SNAP program benefits received while provisionally certified. The provisional certification is effective according to the rule on effective dates for opening benefits, OAR 461-180-0080. The provisional certification cannot run more than six months from the date of original determination by SSA that the individual does not have sufficient quarters.

(h) Effective October 1, 2021 until March 31, 2023, or through the end of their parole, whichever is later:

(A) An individual who is a citizen or national of Afghanistan paroled into the U.S. between July 31, 2021 through September 30, 2023.

(B) An unmarried child under the age of 21 or spouse of an individual listed in paragraph (A) of this subsection, who is paroled into the U.S. after September 30, 2022.

(i) Effective October 1, 2021:

(A) An individual who is a citizen or national of Afghanistan who was granted Special Immigrant Conditional Permanent Resident status on or after July 31, 2021.

(B) An individual who is a citizen or national of Afghanistan who was granted Special Immigrant SQ/SI Parole status on or after July 31, 2021.

(C) An unmarried child under the age of 21 or spouse of an individual listed in paragraph (A) or (B) of this subsection.

(D) A parent or legal guardian of an individual listed in paragraph (A) or (B) of this subsection who is determined to be an unaccompanied child as defined by 6 U.S.C. § 279(g)(2).

(j) Effective May 21, 2022, through the end of their parole:

(A) An individual who was paroled into the U.S. from February 24, 2022, through September 30, 2024, and meets one of the following:

(i) Is a citizen or national of Ukraine.

(ii) Last habitually resided in Ukraine.

(B) An individual who was paroled after September 30, 2023, and who is one of the following:

(i) An unmarried child under the age of 21 of an individual listed in paragraph (6)(j)(A) of this rule. An unmarried child is an individual as defined in section 101(b) of the Immigration and Nationality Act (INA) (8 U.S.C. § 1101(b)).

(ii) The spouse of an individual listed in paragraph (6)(j)(A) of this rule.

(C) An individual who was paroled into the U.S. after September 30, 2023, and is the parent, legal guardian, or primary caregiver of one of the following:

(i) An individual listed in paragraph (6)(j)(A) of this rule who is an unaccompanied refugee minor, as defined in section 412(d)(2)(B) of the INA (8 U.S.C. § 1522(d)(2)(B)).

(ii) An individual listed in paragraph (6)(j)(A) of this rule who is an unaccompanied child, as defined in section 462(g)(2) of the Homeland Security Act of 2002 (6 U.S.C. § 279(g)(2)).

Or. Admin. Code § 461-120-0125

AFS 17-1992, f. & cert. ef. 7-1-92; AFS 28-1992, f. & cert. ef. 10-1-92; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 32-1996(Temp), f. & cert. ef. 9-23-96; AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97; AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98; AFS 22-1998, f. 10-30-98, cert. ef. 11-1-98; AFS 9-1999, f. & cert. ef. 7-1-99; AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99; AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01; AFS 17-2001(Temp), f. 8-31-01, cert. ef. 9-1-01 thru 9-30-01; AFS 22-2001, f. & cert. ef. 10-1-01; AFS 5-2002, f. & cert. ef. 4-1-02; AFS 10-2002, f. & cert. ef. 7-1-02; AFS 13-2002, f. & cert. ef. 10-1-02; SSP 7-2003, f. & cert. ef. 4-1-03; SSP 16-2003, f. & cert. ef. 7-1-03; SSP 23-2003, f. & cert. ef. 10-1-03; SSP 29-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 3-31-04; SSP 36-2003(Temp), f. 12-31-03 cert. ef. 1-1-04 thru 3-31-04; SSP 6-2004, f. & cert. ef. 4-1-04; SSP 10-2004(Temp), f. & cert. ef. 4-9-04 thru 6-30-04; SSP 14-2004(Temp), f. & cert. ef. 5-11-04 thru 6-30-04; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 4-2005, f. & cert. ef. 4-1-05; SSP 7-2005, f. & cert. ef. 7-1-05; SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05; SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06; SSP 11-2006(Temp), f. 6-30-06, cert. ef. 7-1-06 thru 9-30-06; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 3-2008(Temp), f. & cert. ef. 1-30-08 thru 7-28-08; SSP 4-2008(Temp), f. & cert. ef. 2-22-08 thru 7-28-08; SSP 17-2008, f. & cert. ef. 7-1-08; SSP 25-2008(Temp), f. 12-31-08, cert. ef. 1-1-09 thru 6-30-09; SSP 5-2009, f. & cert. ef. 4-1-09; SSP 9-2009(Temp), f. & cert. ef. 5-1-09 thru 10-28-09; SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10; SSP 28-2009, f. & cert. ef. 10-1-09; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10; SSP 18-2010, f. & cert. ef. 7-1-10; SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12; SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14; SSP 16-2014, f. & cert. ef. 7-1-14; SSP 2-2016, f. & cert. ef. 1/1/2016; SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16; SSP 31-2016, f. & cert. ef. 9/1/2016; SSP 10-2017, f. 3-24-17, cert. ef. 4/1/2017; SSP 22-2017, f. 9-8-17 & cert. ef. 10/1/2017; SSP 25-2021, temporary amend filed 03/12/2021, effective 3/12/2021 through 9/7/2021; SSP 34-2021, amend filed 06/23/2021, effective 7/1/2021; SSP 52-2021, temporary amend filed 11/23/2021, effective 11/23/2021 through 5/21/2022; SSP 26-2022, temporary amend filed 02/16/2022, effective 2/16/2022 through 5/21/2022; SSP 34-2022, amend filed 04/28/2022, effective 5/1/2022; SSP 37-2022, temporary amend filed 06/15/2022, effective 6/15/2022 through 12/11/2022; SSP 50-2022, amend filed 09/30/2022, effective 10/1/2022; SSP 14-2023, temporary amend filed 04/07/2023, effective 4/7/2023 through 10/3/2023; SSP 19-2023, amend filed 06/20/2023, effective 7/1/2023; SSP 23-2023, temporary amend filed 07/01/2023, effective 7/1/2023through 10/3/2023; SSP 44-2023, amend filed 09/18/2023, effective 10/1/2023; SSP 42-2024, temporary amend filed 06/20/2024, effective 6/20/2024 through 12/16/2024; SSP 43-2024, temporary amend filed 06/26/2024, effective 6/26/2024 through 12/16/2024; SSP 45-2024, temporary amend filed 07/24/2024, effective 7/24/2024 through 12/16/2024

Statutory/Other Authority: 409.050, 411.060, 411.404, 411.704, 411.706, 411.816, 412.014, 412.049, 413.085, 414.231 & 414.619

Statutes/Other Implemented: 411.060, 411.404, 411.704, 411.706, 411.816, 412.014, 412.049, 414.231, 409.010, 411.070, 414.025, H.R. 133, 116th Cong. (2019-2020), Public Law 117-43, H.R. 7691, 117th Cong. (2021-2022), 45 CFR 400 & H.R. 8035 - 118th Congress (2022-2023)