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NON-CITIZENS - LAWFULLY RESIDING PEOPLE

ISSUE DATE: 12/2014

Under certain circumstances people are permitted to enter and/or remain in the United States on a limited basis. Consider these people as lawfully residing non-citizens. In most cases, people will depart the United States when their status expires, or have a petition filed to adjust their status to LPR. Review their status to be sure it has not expired or changed.

PAROLE: The United States Attorney General has authority to parole non-citizens into the United States when it is in the public interest or for humanitarian reasons. Parole is usually granted for a specific time period, but in some instances it may be indefinite. Humanitarian parole is usually for the purpose of medical treatment that is not available in a non-citizen’s home country. Parole may also be used while other applications are pending, such as asylum applications. Parole is often used for people from refugee-producing countries, such as Vietnam or the former Soviet Union, when they do not qualify as refugees but have family members already in the United States.

LAWFUL TEMPORARY RESIDENT (LTR): Under the Immigration Reform and Control Act (IRCA) of 1986, certain undocumented non-citizens were allowed to legalize their status, first to Lawful Temporary Resident (LTR), and then to Lawful Permanent Resident (LPR). There is no current provision to allow undocumented non-citizens to apply for legalization to LTR. A small number of LTRs were unable to adjust to LPR, mostly because of the English language and civics testing requirements.

FAMILY UNITY: A program resulting from problems that arose due to the Immigration Reform and Control Act (IRCA) of 1986, which allowed the spouses and children of people who legalized their status, to remain in the United States. Most Family Unity cases should be pending adjustment to LPR and the numbers should be decreasing.

TEMPORARY PROTECTED STATUS (TPS): Certain countries may be designated as temporarily unsafe to return to because of armed conflict or natural disaster. Residents of those countries who are present in the United States at that time may apply for TPS. TPS is granted for a specified time (6 to 18 months). At the end of the specified time period, U.S. Citizenship and Immigration Services (USCIS) will conduct a review to determine if it is safe for the people to return or if TPS should be extended.

OTHER DISCRETIONARY CLASSIFICATIONS: There are several classifications used to permit non-citizens to remain in the United States for humanitarian or other public policy reasons. These classifications include:

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Deferred enforced departure (DED).

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Deferred action.

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Voluntary departure.

Stay of deportation.

PEOPLE WITH PENDING IMMIGRATION STATUS: Under certain circumstances a person may be considered to be lawfully residing in the United States while his or her application is still being processed. This would specifically include:

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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 to LPR.

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An applicant for asylum or withholding of deportation who has been granted employment authorization.



MFIP, DWP:

Lawfully residing non-citizens paroled for a period of 1 year or more may be eligible for federally-funded cash assistance, but NOT federally-funded food portion. They may be eligible for state-funded food portion. Other lawfully residing non-citizens may be eligible for BOTH state-funded cash and food portion.


SNAP:

Lawfully residing non-citizens may be eligible for state-funded food programs.


MSA:

People who are denied or terminated from SSI due to non-citizen status are NOT eligible.


GA:

Non-citizens lawfully residing in the United States are eligible. See 0011.03.09 (Non-Citizens - SNAP/MSA/GA/GRH).


GRH:

Follow MSA for aged, blind, and disabled participants. Follow GA for all other adults.

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