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The following are terms used frequently in this chapter. They are defined here to make the chapter, particularly the eligibility charts, easier to read.
- Veteran Exemption: Many groups of otherwise ineligible immigrants are eligible for program benefits if they are veterans or on active U.S. military duty or are the spouse or unmarried dependent of a veteran or person on active duty.
- Entered the Country on or Before August 22, 1996: In some cases, qualified immigrants who entered the country on or before August 22, 1996 are treated differently than immigrants who entered after this date. When eligibility hinges on whether an individual entered the country on or before August 22, 1996, the immigrant’s immigration status on or before August 22, 1996 is irrelevant. For example, immigrants who currently fall into a 'qualified' category and who entered the country on or before August 22, 1996 are eligible for TANF, regardless of their immigration status when they entered the country on or before August 22, 1996.
- 40-Quarters Exemption: Some LPRs otherwise ineligible for program benefits are eligible for assistance if they have 40 countable quarters of employment. The quarters of a spouse or parent can be counted when determining an individual immigrant's countable quarters. The concept of countable quarters used here is generally equivalent to that used by the SSA which determines the number of countable quarters each employee 'earns' based on his/her annual earnings (see Section 8.3.2: Work History in this Chapter). This calculation of countable quarters is needed to determine citizens' and immigrants' eligibility for Social Security retirement, disability, and survivors' benefits. Under SSA rules, no employee can earn more than four quarters each year based on his/her own earnings, although more than four quarters per year can be counted when determining whether an immigrant meets the 40-quarter exemption criteria if the immigrant's spouse or parent (during years in which the immigrant is a minor) also worked. (This exemption is only available to LPRs who have 40 countable quarters. It is not available to other qualified immigrants who do not have LPR status.)
| Mr. and Mrs. Mehta emigrated from India and both worked in 1997. Each earned enough to be credited with four countable quarters based on their own earnings. Because the quarters of spouses can be added together when determining immigrant eligibility for benefits, both Mr. and Mrs. Mehta are credited with eight countable quarters for purposes of determining if they meet the 40-quarter exemption. |
- Hmong/Laotian Exemption: Some lawfully present immigrants (these immigrants do not have to be 'qualified') who would otherwise be ineligible for FS are eligible if they were a member of a Hmong or Laotian tribe when the tribe rendered assistance to US personnel during the Vietnam era. The spouse, unmarried dependent child, or the surviving spouse (who has not remarried) of such an immigrant also are considered part of this category.
- Native American Exemption: Some otherwise ineligible American Indians born in Canada and certain other tribal members born outside the US (including non-qualified immigrants) are eligible for Medicaid, FS and SSI. These immigrants do not receive special treatment under TANF but may be eligible if they otherwise fit into an eligible immigrant category.
- Lawfully Present: Individuals who have INS authorization to be in the country.
- Lawfully Residing: Individuals who have INS authorization to be in the country and who are not in the country on a temporary basis such as a student or tourist.
- Disability-Related Benefits: These include SSI, SSDI, railroad retirement disability, veteran’s disability, Federal retirement disability, Interim Disability Assistance (IDA), and disability-related Medicaid (SR for disabled).
- Amerasian: Child fathered by a US citizen in certain Southeast Asian countries during the years of conflict in that region. These immigrants have been granted LPR status.
- Refugee: Person who has left their country of origin and is unable or unwilling to return because of persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
- Asylee: Person already admitted to the US who requests permission to stay because of persecution or fear of persecution in their country of origin.
- Parolee: Person admitted to the US or permitted to stay in the US based upon a decision of the Department of Justice that this serves the public interest. Parole may be granted for humanitarian, legal or medical reasons.
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