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    Qualified Alien

    A non-citizen who lives in the U. S. and who meets one or more of the following:
    • Has permanent resident status
    • Was granted parole for at least one year under §212(d)(5) of the Immigration and Naturalization Act (INA)
    • Has been battered or treated with extreme cruelty by his/her spouse (who is a U. S. citizen or permanent legal resident) or the spouse’s family living with them
    • Was lawfully admitted to the U. S. as an Amerasian immigrant with permanent legal resident status under §584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988
    • Was admitted to the U. S. as a refugee under §207 of the INA
    • Was granted asylum under §208 of the INA
    • Is having deportation withheld under §243(h) of the INA as in effect prior to April 1, 1997; or §241(b)(3) of the INA, as amended
    • Is a Cuban or Haitian entrants, as defined by §501(e) of the Refugee Education Assistance Act of 1980
    • Was granted conditional entry under §203(a)(7) of the INA in effect before April 1, 1980
    • Is a child receiving federal payments for foster care or adoption assistance under Part B or E of Title IV of the Social Security Act, if the child's foster or adoptive parent is considered a citizen or qualified alien
    • Is a victim of a severe form of trafficking, in accordance with §107(b)(1) of the Trafficking Victims Protection Act of 2000, who has been subjected to:
      • Sex trafficking if the act is induced by force, fraud, or coercion, or the individual who was induced to perform the act was younger than 18 years old on the date that the visa application was filed; or
      • Involuntary servitude


    Who has lived continuously in the U. S. for at least 5 years since becoming a qualified alien


    The 5-year residency requirement does not apply to lawful aliens who meet any of the following:

    • Meet any of conditions 4 – 11 above
    • Is an honorably discharged veteran of the U. S. armed forces
    • Is on active duty in the U. S. armed forces
    • Is the lawfully admitted spouse (including a surviving spouse who has not yet remarried) or the lawfully admitted, unmarried dependent child of an active duty or honorably discharged member of the U. S. armed forces.