|
|
Hmong, Jay Treaty Indians, and Lautenberg Parolee
Hmong or Highland Laotian Tribal Members
Definition
A Hmong or Highland Laotian Tribal Member is an individual who is legally residing in the U.S., and who was a member of a Hmong or Highland Laotian tribe. For CalFresh, the member must be from the tribe while assistance was rendered to U.S. personnel by taking part in a military or rescue operation during the Vietnam era. This would include the spouse, unremarried surviving spouse, or unmarried dependent child(ren) of tribal members.
Rule
The CalFresh program has made an exception for the Hmong and Highland Laotians under Section 508 of the AREERA. This act amends Section 402 of the PRWORA and grants the Hmong/Highland Laotian Tribal Members from tribes who aided U.S. personnel in Vietnam eligible for CalFresh. They are not required to meet the definition of “qualified aliens”. Refer to CalFresh Handbook, “Federally Eligible Qualified Non-Citizens Without Additional Condition or Waiting Period,” page 14-13 for further instructions.
Documents
Documentation may appear on the following documents:
- I-551 “Permanent Resident” card (5/1/97 Revision)
- Pink or white I-551 “Resident Alien” card
- Blue I-151 Alien Registration Receipt Card (7/1/72 Revision)
- I-94 Arrival/Departure Record
- Unexpired Foreign Passport with K-551 Stamp.
The EW can check the RDC Highland Lao List for the tribal member’s name. This list only includes eligible Hmong and Highland Laotian refugees who entered the U.S. after 1979. Even though a name may not appear on the list, it is not all inclusive. The information must be requested from USCIS using secondary SAVE for tribal members. Usual verification of relationship documents will be accepted. Attestation or presentation of appropriate documentation of familial relationship will also be accepted.
Jay Treaty Indians
Definition
North American Indians born in Canada, who have at least 50% Indian blood, fall under the “Jay Treaty” and can freely pass between the U.S. and Canada.
Rule
Jay Treaty Indians are considered lawful permanent residents when present in the U.S. They do have to apply with USCIS for this status.
Documents
In addition to USCIS and/or court documents, the person must have proof (including birth records) certifying that the a Canadian-born person is of 50% Indian blood, such as affidavits from tribal officials to this effect, or other clear proof of this status.
Lautenberg Parolee
Definition
PL 101-67, also known as the Specter Amendment (formerly the Lautenberg Amendment) allows for the adjustment of status for individuals who are nationals of the former Soviet Union, and who were denied refugee status to be paroled into the U.S. These parolees may apply for LPR status if they were paroled into the U.S. between August 15, 1988 and September 30, 2004.
Today, this provision is limited to only those from the former Soviet Union, or from Estonia, Latvia, or Lithuania, and include (but are not necessarily limited to) those of the Jewish faith, Evangelical Christians, and Ukrainian Christians of the Orthodox and Roman Catholic denominations. The Specter Amendment also expanded protection to include religious minorities from Iran. Prior to mid-1994, these provisions were available to certain individuals from Vietnam, Cambodia, and Laos, as well as individuals from the Soviet Union.
These parolees are eligible to adjust to LPR status after one year of residence in the U.S. These individuals must have applied for refugee status abroad, been denied, and instead granted parolee status.
Related Topics
Noncitizen Categories & USCIS Codes Introduction
Asylees and Authorization to Work