713-5          NON-QUALIFIED ALIENS

Non-qualified aliens include aliens who are permanently residing in the U.S.United States under color of law, non-immigrants, and illegal aliens. An alien who is not a "qualified alien" is not eligible for ATAPAlaska Temporary Assistance Program.  

Non-qualified alien parents who are excluded from an assistance unit may volunteer to participate in Family Self-Sufficiency Planning as described in ATAPAlaska Temporary Assistance Program MSManual Section 719-1 and 770-5.

713-5 A.     LEGAL, NON-QUALIFIED ALIENS

Aliens in this category are legal permanent residents of the U.S.United States even though they did not go through the process of applying for and being admitted for permanent residence.  This group includes non-qualified aliens residing in the U.S.United States with the knowledge and permission of the USCISU.S. Citizenship and Immigration Services whose departure the USCISU.S. Citizenship and Immigration Services does not contemplate enforcing.

Note:

An individual granted Temporary Protected Status (TPS) is a lawfully residing non-qualified alien. Form I-821 is the form used to apply for TPSTemporary Protected Status and what is used as USCISU.S. Citizenship and Immigration Services documentation.

713-5 B.     NON-IMMIGRANTS

Some aliens may be lawfully admitted but only for a temporary or specified time (visitors, tourists, students, diplomats, crewmen on shore leave, temporary workers, members of the foreign press, etc.)  These aliens are not eligible for ATAPAlaska Temporary Assistance Program because of the temporary nature of their admission status.

Non-immigrant aliens can be identified by the following USCISU.S. Citizenship and Immigration Services documentation:

• Form I-94, Arrival-Departure Record;

• Form I-185, Canadian Border Crossing Card;

• Form I-186, Mexican Border Crossing Card;

• Form SW-434, Mexican Border Visitor’s Permit; and

• Form I-95A, Crewman’s Landing Permit, Form I-766 category C33, or Deferred Action for Childhood Arrivals (DACA).

Note:

Aliens born in the Marshall Islands, Western Samoa, the Federated States of Micronesia and Palau are the most common types of non-immigrants.  These people can travel freely between the islands and the U.S., but are considered non-qualified aliens and are not eligible to receive benefits.  For these people to receive benefits, they must take action to become a qualified alien.

713-5 C.     ILLEGAL ALIENS

An illegal alien is any alien who either was never legally admitted to the U.S ., or was admitted for a limited period of time and did not leave the U.S.United States when that time expired.