Aliens Barred from LIHEAP Participation 415-20-10-50

(Revised 10/1/08 ML #3151)

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The Immigration Reform and Control Act of 1986 P.L. 99-603 bars some aliens from participation in LIHEAP.

 

Newly legalized aliens will have unique identification cards issued by the Immigration and Naturalization Service. (INS Form 688) Based on the identification card and the LIHEAP application, you should be able to determine if the individual is or is not barred from participation in LIHEAP in accordance with the following categories:

  1. Aged, blind and/or disabled, and certain Cuban and Haitian entrants (contact State Office for interpretation) that have resided illegally in the United States since January 1, 1982, and have been granted lawful status are eligible to participate in LIHEAP.
  2. All other individuals that have resided illegally in the United States since January 1, 1982, and have been granted lawful temporary resident status are barred from participation in LIHEAP for a period of five years. This status became effective for most between May 1987 and May 1988. Therefore, these aliens will reach the end of their disqualification period between May 1992 and May 1993.
  3. Certain individuals who performed seasonal agricultural work in the United States during a specified period of time (Special Agricultural Workers - SAWS) that have been granted temporary resident status leading to eventual lawful permanent status are eligible for LIHEAP assistance.
  4. After FFY'90, individuals may be admitted to the United States as Replenishment Agricultural Workers (RAWS) as lawful temporary residents to meet a shortage of agricultural workers. These individuals will not be eligible for LIHEAP assistance for a period of five years except for certain Cuban and Haitian entrants or unless the individual is aged, blind, and/or disabled.
  5. Iraqi and Afghani aliens and family members who claim special immigrant status must provide verification that they have been admitted under section 101(a) (27) of the INA. Once found eligible for LIHEAP, the household would be eligible for the full season in which they applied.
  6. Canadian Indians are eligible for LIHEAP if they provide a blood quantum letter which contains information from the individual’s Band, Tribe, and Nation and states that the individual’s blood quantum is at least 50% aboriginal blood.

The document may use the following verbiage:

All Indians on reservations must use tribal programs.