713-5          NON-QUALIFIED ALIENS

Non-qualified aliens include aliens who are permanently residing in the U.S. 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 MS 719-1 and 770-5.

713-5 A.      LEGAL, NON-QUALIFIED ALIENS

Aliens in this category are legal permanent residents of the U.S. 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. 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.

COFACompact of Free Association migrants from the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau are classified as "non-immigrants" but are eligible for ATAP benefits without the five-year waiting period due to a change in law that was effective March 9, 2024.

If a COFACompact of Free Association migrant applies for U.S. Citizenship and their status changes to a qualified alien as outlined in MS 713-2, the five-year waiting period would now apply unless they met an exemption listed in MS 713-4 D.

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 Western Samoa are the most common types of non-immigrants. These individuals 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. when that time expired.