713-4          5-YEAR WAITING PERIOD

In general, qualified aliens who entered the U.S.United States on or after August 22, 1996, cannot receive benefits until they have been in the U.S.United States for 5 years or until they become U.S.United States citizens. This is referred to as the 5-year waiting period or 5-year bar.

Aliens who arrived before August 22, 1996, may not be subject to the 5-year waiting period. 

713-4 A.      QUALIFIED ALIEN ARRIVING ON OR AFTER 8/22/96

An alien who physically arrived and was lawfully admitted to the United States on or after August 22, 1996, must be evaluated for qualified alien status.

If the alien was admitted as a qualified alien, and is subject to the 5-year waiting period, the waiting period begins the date the alien physically arrived in the U.S.United States

Individuals exempt from the 5-year waiting period are listed in ATAPAlaska Temporary Assistance Program MS 713-4 D.

713-4 B.      NON-QUALIFIED ALIEN ARRIVING ON OR AFTER 8/22/96

A non-qualified alien who physically arrived in the United States on or after August 22, 1996, must obtain qualified alien status before the 5-year waiting period begins. The 5-year waiting period begins on the date the non-qualified alien obtains qualified alien status, not the date they physically arrived in the U.S.United States

713-4 C.      ALIEN ARRIVING BEFORE 8/22/96

An alien who physically arrived in the United States before August 22, 1996, but obtained qualified alien status on or after that date is not subject to the 5-year waiting period as long as they remained continuously present in the U.S.United States Any single absence from the United States of more than 30 days, or a total aggregate of absences of more than 90 days, is considered to interrupt continuous presence. However, once an immigrant obtains qualified alien status, they do not have to remain continuously present in the United States in order to avoid application of the 5-year waiting period. This rule also applies to aliens who entered the country without proper documentation and those who overstayed their visa.

For most legal entrants, the U.S. Citizenship and Immigration Services (USCIS) maintains a record of arrivals to and departures from the country. Verification of continuous presence may be obtained for most legal entrants by filing Form G-845 and Form G-845-Supplement with the USCISU.S. Citizenship and Immigration Services.

The USCISU.S. Citizenship and Immigration Services does not maintain an arrival and departure record for some entrants, such as Canadian and Mexican border crossers, and illegal entrants. In this situation, the alien must submit proof of their claimed date of entry and documentation showing proof of continuous presence, such as a letter from an employer or series of pay stubs or utility bills in the immigrant's name.

713-4 D.      ALIENS EXEMPT FROM THE FIVE-YEAR WAITING PERIOD

Certain qualified aliens are exempt from the 5-year waiting period.

1. Refugees;
2. Asylees;
3. Aliens whose deportation is being withheld under sections 241(b)(3) or 243(h) of the INAImmigration & Nationality Act;
4. Cuban/Haitian entrants as defined in section 501(e) of the Refugee Education Assistance Act of 1980;
5. Amerasians;
6. Veterans - including Hmong and other Highland Lao tribal people who fought on behalf of the U.S. Armed Forces during the Vietnam conflict and have been lawfully admitted into the United States - who have an honorable discharge (not on account of immigration status) and have met the minimum active-duty service requirements, active-duty members of the U.S. Armed Forces (other than those serving solely for training); and their spouses (including surviving spouses who has not remarried) and unmarried dependent children (including dependent stepchildren);

7. Victims of human trafficking; 

8. Legal permanent residents (LPR) who first entered the country under an exempt category (i.e. as a refugee, asylee, Cuban or Haitian entrant, trafficking victim, or alien whose deportation was being withheld) and who later converted to LPRLawful Permanent Resident status;

9. Special immigrants from Iraq and Afghanistan admitted under section 101 (a)(27) of the INA;Immigration & Nationality Act

10. Afghan Humanitarian Parolees;

11. Ukrainian Humanitarian Parolees;

12. Unaccompanied Minors with Special Immigrant Juvenile Status (SIJS);

13. Unaccompanied Minors who hold U status;

14. COFA migrants;

15. A battered spouse of child, child of a battered spouse, or parent of a battered child who has been approved or has a petition pending for a prima facie case for permanent residency or U.S. citizenship due to battering or extreme cruelty; and

16. A lawful permanent resident who has accumulated 40 qualifying quarters under Social Security. The minimum earnings needed to earn a qualifying quarter can be found at http://www.ssa.gov/OACT/COLA/QC.html. A qualifying quarter earned after January 1, 1997, does not count toward this 40-quarter retirement if the alien earning the quarter received SNAPSupplemental Nutrition Assistance Program, Medicaid, or TANFTemporary Assistance to Needy Families assistance during the quarter. Qualifying quarters include those quarters earned by:

• A parent (natural or adoptive) of an alien while the alien was a child under 18 and living with the parent.

• A stepparent of an alien while the alien was a child under 18 and living with the stepparent, provided the stepparent remains married to a natural parent or the marriage ended by death of the stepparent. This does not include quarters earned by the stepparent before the stepparent relationship was established.

• A spouse during their marriage, if the alien remains married to the spouse.

• A former spouse during their marriage, if the marriage ended due to the death of the spouse.

Verification of the immigrant work history is required and can be obtained from the applicant, or direct from the Social Security Administration (SSA) through the State Verification and Exchange System (SVES). Refer to EIS Procedure 1996-1 and EIS Procedure 1997-7 for information on how to access and use the SVESState Verification Exchange System interface.

713-4 E.      ADDING INDIVIDUALS AT THE END OF THE FIVE-YEAR WAITING PERIOD

Follow policy at ATAPAlaska Temporary Assistance Program MS 790-6 for adding a new member to the assistance unit once an individual has met their 5-year waiting period.

Applicant Households

An individual who applies for assistance must meet all eligibility requirements, including the 5-year waiting period for non-citizen applicants.

Example:

Maria submitted an application for benefits on May 21, 2011. She has 2 children who were born in the United States. She entered the country on June 2, 2006. She is not eligible for benefits until she has met the 5-year waiting period. The application is approved. May benefits are for the 2 children only with Maria coded as an ineligible alien. Maria meets the 5-year waiting periods as of June 2, 2011. She is added to the case effective June 2, 2011, and a supplement issued.

Recipient Households

Once a person reports they have met the 5-year waiting period, the person is added to the case as of the date of request or the date they met the 5-year waiting period, whichever is later.

Example:

Bruce Lee and his family applied for assistance on January 12, 2010. Bruce entered the United States on May 7, 2006, and is a lawful permanent resident. The rest of his family members are US citizens. The application was approved and his family has been receiving assistance since January 12, 2010. The family turns in a GEN 72Eligibility Review Form on May 15, 2011, for the next review period. The review is approved and Bruce is now included in the case because he has met the 5-year waiting period. Because the report of change was received May 15 (in the form of the GEN 72Eligibility Review Form), a supplement is issued for May benefits adding Bruce to the case beginning May 15.