55 Pa. Code § 2060.3

Current through Register Vol. 54, No. 44, November 2, 2024
Section 2060.3 - Definitions

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Common law relationship-The relationship between a man and a woman who are legally free to marry, who agree to live together as husband and wife without benefit of a license, and who both publicly and privately consider themselves married.

Cuban/Haitian Entrant-Status Pending-A Cuban/Haitian Entrant-status. A person who possesses an INS Form I-94 with one of the following:

(i) Stamped "Cuban/Haitian Entrant (status pending)."
(ii) Stating that the person is a citizen of Cuba and containing the initials "OOE" (note that the phrase "Outstanding Order of Exclusion" is not equivalent to "OOE").
(iii) Stating that the person is a citizen of Haiti who has been either "paroled" or granted "voluntary departure."

Emancipated minor-A person under 21 years of age, irrespective of whether the person is receiving services designed for adults or children, who meet one of the following subparagraphs:

(i) Is married, whether the person lives within or away from his parent's household.
(ii) Has left the parental household or has established himself as a separate entity within the parental household:
(A) Is acting for himself independent of control by his parents or persons acting in loco parentis.
(B) Is financially independent of his parents, although he may be receiving financial assistance or benefits to which he is entitled in his own right.
(iii) Is an unmarried minor who, after living outside the parental household, returns to live with his parents or someone acting in loco parentis but remains independent of control by his parents or someone acting in loco parentis and is financially independent of them, although he may be receiving financial assistance or benefits in his own right.

Family-Adults or emancipated minors and unemancipated minors who are related by blood or law or who stand in a step relationship and who reside in the same household. A person may choose to count as a family member any other person residing in the same household who is claimed by that person as a tax dependent.

Refugee-

(i) Person having an Immigration and Naturalization Service (INS) Form I-94 indicating that the person meets one of the following:
(A) Has been paroled under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. § 1182(d)(5) ).
(I) For Cambodians, Laotians, and Vietnamese, if the Form I-94 was issued on or after July 1, 1980, it shall clearly indicate that the person has been paroled as a refugee or asylee.
(II) For Cubans, if the Form I-94 was issued on or after April 1, 1980, it shall clearly indicate that the person has been paroled as a refugee or asylee. Note that very few Cubans will be classified as refugees; most are classified as Cuban/Haitian Entrants.
(B) Has been admitted as a Conditional Entrant under section 203(a)(7) of the Immigration and Nationality Act ( 8 U.S.C. § 1153(a)(7) ). Note that this status is unrelated to Cuban/Haitian Entrant Status.
(C) Has been admitted as a refugee under section 207 of the Immigration and Nationality Act ( 8 U.S.C. § 1157 ).
(D) Has been granted asylum under section 208 of the Immigration and Nationality Act ( 8 U.S.C. § 1158 ). Note that applicants for asylum are not refugees.
(ii) A permanent resident alien identified by INS Form I-151/551 is a refugee if the individual has documentation of having previously had refugee status as defined in subparagraph (i).
(iii) The term includes Cuban/Haitian Entrants-Status Pending.

55 Pa. Code § 2060.3