PDFWAC 388-424-0006
Citizenship and alien status—Date of entry.
(1) A person who physically entered the U.S. prior to August 22, 1996, and who continuously resided in the U.S. prior to becoming a "qualified alien" (as defined in WAC 388-424-0001) is not subject to the five-year bar on receiving TANF.
(2) A person who entered the U.S. prior to August 22, 1996, but became "qualified" on or after August 22, 1996, or who physically entered the U.S. on or after August 22, 1996, and who requires five years of residency to be eligible for federal Basic Food, can only count years of residence during which they were a "qualified alien."
(3) A person who physically entered the U.S. on or after August 22, 1996, is subject to the five-year bar for TANF unless exempt. The five-year bar starts on the date that "qualified" status is obtained.
(4) The following "qualified aliens," as defined in WAC 388-424-0001, are exempt from the five-year bar:
(a) Amerasians;
(b) Asylees;
(c) Cuban/Haitian entrants;
(d) Persons granted withholding of deportation or removal;
(e) Refugees;
(f) Special immigrants from Iraq and Afghanistan;
(g) Victims of trafficking who have been certified or had their eligibility approved by the federal U.S. Department of Health and Human Services (HHS); and
(h) Lawful permanent residents, parolees, or battered aliens, as defined in WAC 388-424-0001, who are also an armed services member or veteran as described in WAC 388-424-0007; and
(i) Citizens of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau.
(j) Individuals from Ukraine and their family members admitted as humanitarian parolees between February 24, 2022, and September 30, 2024, and whose parole has not been terminated by the secretary of the Department of Homeland Security (DHS), who are:
(i) Citizens or nationals of Ukraine;
(ii) Non-Ukrainian individuals who were habitually residing in Ukraine, and have documentation confirming last habitual residence in Ukraine;
(iii) A spouse or child of an individual described in subsections (i)-(ii) of this section who is paroled into the U.S. after September 30, 2023; or
(iv) An individual who is paroled into the U.S. after September 30, 2023, as a parent, legal guardian, or primary caregiver of an unaccompanied refugee minor or an unaccompanied child who meets the conditions described in subsections (i)-(ii) of this section.
(k) Afghan nationals paroled into the U.S. between July 31, 2021, and September 30, 2023, whose initial parole period has not expired or who have been granted reparole: or
(i) An individual who was paroled into the U.S. after September 30, 2023, and is the spouse or child of an Afghan national as defined in subsection (k) of this section; or
(ii) An individual who was paroled into the U.S. after September 30, 2023, and who is the parent or legal guardian of an individual as defined in subsection (k) of this section who is determined to be an unaccompanied child.
[Statutory Authority: RCW 41.05.021, 74.04.005, 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.04.770, 74.04.805, 74.04.820, 74.08.090, 74.08A.100, 74.08A.120, 74.09.035, 74.09.530, 74.62.030, P.L. 118-42, the Consolidated Appropriations Act of 2024, Division G, Title II, Section 209(f); 8 U.S.C. §§ 1612, 1613 (b)(3) and 1641 (b)(8); H.R. 815, Division B pg. 11 - Ukrainian; and Final Rule for Classification for Victims of Severe Forms of Trafficking in Persons. WSR 25-08-068, s 388-424-0006, filed 4/1/25, effective 5/2/25. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.04.510, and 2011 1st sp.s. c 15. WSR 13-18-005, § 388-424-0006, filed 8/22/13, effective 10/1/13. Statutory Authority: RCW 74.04.050, 74.04.057, and 74.08.090. WSR 11-16-056, § 388-424-0006, filed 7/29/11, effective 8/29/11. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090, 74.08A.020, and Sec. 8120 of Pub. L 111-118 (DOD appropriations law); USDA Food and Nutrition Service federal guidance from January 29, 2010; U.S. DHHS Administration for Children and Families, Office of Family Assistance federal guidance letter No. TANF-ACF-PI-2010-05 issued on June 16, 2010. WSR 10-15-045, § 388-424-0006, filed 7/13/10, effective 7/27/10. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.04.510, 74.08.090, 74.08A.120, and P.L. No. 111-3 (H.R. 2, Title II, Sec. 214 - Children's Health Insurance Program Reauthorization Act of 2009); P.L. No. 111-08 Omnibus Appropriations Act of 2009, Office of Refugee Resettlement State Letter #09-17. WSR 09-15-082, § 388-424-0006, filed 7/14/09, effective 8/14/09. Statutory Authority: RCW 74.04.050, 74.04.057, 74.08.090, 74.09.500, 74.09.530. WSR 07-07-023, § 388-424-0006, filed 3/9/07, effective 4/9/07. Statutory Authority: RCW 74.04.050, 74.04.055, 74.04.057, 74.08.090. WSR 05-16-055, § 388-424-0006, filed 7/28/05, effective 8/28/05; WSR 04-15-004, § 388-424-0006, filed 7/7/04, effective 8/7/04.]