421-3        FIVE YEAR BAR

Qualified aliens who entered the U.S. on or after August 22, 1996 cannot receive APA benefits until they have been in the U.S. for five years or until they become U.S. citizens.  

This five-year bar does not apply to:

• Refugees admitted under Section 207 of the Immigration and Naturalization Act (INA Immigration & Nationality Act);

• Asylees admitted under Section 208 of the INA Immigration & Nationality Act;

• Aliens whose deportation is being withheld under sections 241(b)(3) or 243(h) of the INA Immigration & Nationality Act;

• A Cuban/Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980;

• An alien admitted as an Amerasian immigrant;

• U.S. military veterans or active-duty military, their spouses, and dependent children;

• Victims of trafficking under section 107(b)(1) of the Trafficking Victims protection Act of 2000, including certain family members of victims of a severe form of trafficking.

Qualified aliens in these categories may immediately receive APA benefits regardless of their date of entry into the U.S.

Note:  In determining when a qualified alien entered the U.S., use the individual’s original date of entry, regardless of any subsequent changes in alien status.