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) Amerasian lawful permanent residents;
(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 office of refugee resettlement (ORR); 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.
[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.]
