713-2           QUALIFIED ALIENS

For ATAP purposes, a qualified alien is defined as someone who, at the time of application is a/an:

1. Lawful permanent resident;

2. Asylee;

3. Refugee;

4. Amerasian;

5. Afghan Humanitarian Parolee;

6. Ukrainian Humanitarian Parolee;

7. Unaccompanied Minor with Special Immigrant Juvenile Status (SIJS);

8. Unaccompanied Minor who holds U status;

9. Cuban and Haitian entrant, as defined in 501(e) of the Refugee Education Assistance Act of 1980;

10. Individual paroled into the U.S. for at least 1 year;

11. Alien who has had deportation withheld under 243(h) of the Immigration and Nationality Act (INA) as in effect prior to April 1, 1997, or 241(b)(3) of the INAImmigration & Nationality Act, as amended;

12. Conditional entrant under immigration law in effect before April 1, 1980;

13. A battered spouse or child of a battered spouse of a U.S. citizen or permanent legal resident, and aliens protected under 1508 of the Violence Against Women Act of 2000;

14. Victim of trafficking under the Trafficking Victims Protection Act of 2000 (including certain family members of victims of a severe form of trafficking);

15. Special immigrant from Iraq and Afghanistan admitted under section 101 (a) (27) of the INAImmigration & Nationality Act.

713-2 A             NATIVE AMERICANS BORN OUTSIDE THE UNITED STATES

American Indians born in Canada may freely enter and reside in the U.S.United States They are considered lawful permanent residents and, as such, are qualified aliens. They are not exempt from the 5-year waiting period for ATAPAlaska Temporary Assistance Program.

To qualify under this provision, the individual must be an American Indian born in Canada, with at least 50% American Indian blood, to whom section 289 of the Immigration and Nationality Act (8 USC 1359) applies.

713-2 b            COMPACTS OF FREE ASSOCIATION (COFA) AND THE FREELY ASSOCIATED STATES

The Freely Associated States (FAS) are sovereign nations that have signed Compacts of Free Association (COFA) with the United States: the Federated States of Micronesia (FSM), the Republic of the Marshall Islands (RMI), and the Republic of Palau (Palau). Citizens who move to the U.S.United States under COFACompact of Free Association are often referred to as 'COFACompact of Free Association migrants'.

COFACompact of Free Association migrants are admitted as lawful non-immigrants and were previously ineligible for federal benefits (see ATAPAlaska Temporary Assistance Program MS 713-5 B). Due to a change in law effective March 9, 2024, COFACompact of Free Association migrants are considered qualified non-citizens for ATAPAlaska Temporary Assistance Program purposes and are exempt from the 5-year waiting period.