2.4.2 Qualified Non-Citizens

The following qualified non-citizens (formerly referred to as “Qualified Aliens”) may be eligible for W-2Wisconsin Works:

1.             An alien lawfully admitted to the United States for permanent residence under the Immigration and Nationality Act (INA) Immigration and Nationality Act (INA)- The basic body of immigration law in the United States, which was created in 1952 and has been amended many times. The INA is a free-standing law, but is also contained in the U.S. Code.;

2.             An alien who is granted asylum under section 208 of the Immigration and Nationality Act;

3.             A refugee who is admitted to the United States under section 207 of the Immigration and Nationality Act, including Special Visa Immigrants from Iraq and Afghanistan under section 1059 of H.R. 1815;

4.             An alien who has been certified as a victim of trafficking;

5.             An alien who is paroled into the United States under section 212(d)(5) of the Immigration and Nationality Act for a period of at least one year;

6.             An alien whose deportation is being withheld under section 243(h) or 241(b)(3) of the Immigration and Nationality Act;

7.             Cuban and Haitian aliens, as defined in section 501(e) of the Refugee Education Assistance Act of 1980;

8.             An American Indian born in Canada who is at least 50% American Indian by blood, or an American Indian born outside of the United States who is a member of a federally recognized Indian tribe;

9.             An alien who has been battered or whose child has been battered, who is no longer residing in the same household with the batterer, and who meets the requirements of 8 U.S.C. s. 1641(c);

10.         An alien who is granted conditional entry pursuant to section 203(a)(7) of the Immigration and Nationality Act as in effect prior to April 1, 1980;

11.         Amerasian Immigrants, as defined in section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988;

12.         An alien who is lawfully residing and is one of the following:

a.             An armed forces veteran who received an honorable discharge that was not on account of alienage and who completed either 24 months of continuous active duty or the full period for which the individual was called, unless the individual received a hardship discharge under 10 U.S.C. s. 1173, early discharge under 10 U.S.C. s. 1171, or a discharge due to a disability incurred or aggravated in the line of duty.

b.             On active duty in the armed forces of the United States, other than active duty for training.

c.              The spouse of an individual described in subdivision a. or b., or the unremarried surviving spouse of an individual described in subdivision a. or b. if the marriage was for one year or more or the individual had a child in common.

13.         An alien who is lawfully residing in the United States and authorized to work by United States Citizenship and Immigration Services (USCIS) The federal agency that oversees lawful immigration of foreign nationals who are temporarily or permanently settling in the U.S. See also INS..

W-2 for qualified non-citizens is not paid with federal funds, so they are exempt from the 60-month federal lifetime limit. Qualified non-citizens are subject to the 48-month state lifetime limit and 24-month placement time limits. If an individual is in one of the qualified non-citizen groups listed above, and is coded as such on the Immigrant/Refugee Information page in CWWCARES Worker Web, CARESClient Assistance for Reemployment and Economic Support will automatically disregard federal months for qualified non-citizens. W-2 Agencies must not manually enter a federal month of TANFTemporary Assistance for Needy Families assistance for any month a qualified non-citizen participates in W-2. (See 2.10.9) In a two-parent case where one parent is a qualified non-citizen and the other is a U.S. citizen, the U.S. citizen will only use months of federal TANF assistance when the U.S. citizen is in a paid placement.

History: Release 21-09; Release 20-03; Release 16-01.