Afghani Special Immigrants

Effective December 26, 2007, Public Law 110-161, The Consolidated Appropriations Act of 2008, granted certain Afghani aliens special immigrant status under section 101(a)(27) of the Immigration and Nationality Act (INA).  Adult individuals and family members (spouse and unmarried children under 21) granted this special immigrant status are eligible for resettlement assistance, entitlement programs, and other benefits to the same extent as are refugees admitted under section 207 of the INA, except the period of eligibility cannot exceed six months.

This provision is part of an appropriations bill and is in effect through the end of the fiscal year (September 30, 2008).  Nonetheless, historically such appropriation bills remain in effect after the end of the fiscal year through continuing resolutions and it is anticipated that it will be extended.

Iraqi Special Immigrants

Although Iraqi special immigrants were also eligible under Public Law 110-161 of The Consolidated Appropriations Act of 2008, Public Law 110-181, The National Defense Authorization Act for Fiscal Year 2008 (that includes Section 1244, Special Immigrant Status for Certain Iraqis), effectively extended program eligibility to certain Iraqi aliens and their family members (spouse and unmarried children under 21) for a period not to exceed eight months.  This provision became law on January 28, 2008, and is in effect for five years,  through September 30, 2012. 

Verification of Special Immigrant Status

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. The following documents will confirm both status and date of entry for Iraqi and Afghani special immigrants.

Iraqi Special Immigrants

• Principal Applicant Iraqi Special Immigrant: Iraqi passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI1 or SQ1 and DHS stamp or notation on passport of I-94 showing date of entry.

• Spouse of Principal Applicant Iraqi Special Immigrant: Iraqi passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI2 or SQ2 and DHS stamp or notation on passport or 1-94 showing date of entry.

• Unmarried Child Under 21 Years of Age of Iraqi Special Immigrant: Iraqi passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI3 or SQ3 and DHS stamp or notation on passport of I-94 showing date of entry.

• Principal Applicant Iraqi Special Immigrant Adjusting Status in the U.S.: DHS Form I-551 (“green card”) showing Iraqi nationality (or Iraqi passport), with an IV (immigrant visa) code for this category SI6 or SQ6.

• Spouse of Principal Applicant Iraqi Special Immigrant Adjusting Status in the U.S.: DHS Form I-551 (“green card”) showing Iraqi nationality (or Iraqi passport), with an IV (immigrant visa) code for this category SI7 or SQ7.

• Unmarried Child Under 21 of Principal Applicant Iraqi Special Immigrant Adjusting Status in the U.S.: DHS Form I-551 (“green card”) showing Iraqi nationality (or Iraqi passport), with an IV (immigrant visa) code for this category SI9 or SQ9.

Afghani Special Immigrants

• Principal Applicant Afghani Special Immigrant: Afghan passport with an immigrant  visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI1  and DHS stamp or notation on passport of I-94 showing date of entry.

• Spouse of Principal Applicant Afghani Special Immigrant: Afghan passport with an immigrant  visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI2  and DHS stamp or notation on passport of I-94 showing date of entry.

• Unmarried Child Under 21 Years of Age of Afghani Special Immigrant: Afghan passport with an immigrant  visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI3  and DHS stamp or notation on passport of I-94 showing date of entry.
• Principal Applicant Afghani Special Immigrant Adjusting Status in the U.S.: DHS Form I-551 (“green card”) showing Afghani nationality (or Afghani passport), with an IV (immigrant visa) code for this category SI6.

• Spouse of Principal Applicant Afghani Special Immigrant Adjusting Status in the U.S.:  DHS Form I-551 (“green card”) showing Afghani nationality (or Afghani passport), with an IV (immigrant visa) code for this category SI7.

• Unmarried Child Under 21 of Principal Applicant Afghani Special Immigrant Adjusting Status in the U.S.: DHS Form I-551 (“green card”) showing Afghani nationality (or Afghani passport), with an IV (immigrant visa) code for this category SI9.

Date of Eligibility

The effective date of eligibility for both Iraqi and Afghani special immigrants can be no earlier than December 26, 2007 (under P.L. 110-161). We are also clarifying that both Iraqi and Afghani special immigrants will either enter the U.S. as Lawful Permanent Residents (LPRs) with the special immigrant visa or will adjust to special immigrant status after entering the U.S. under another immigration status (such as an asylee or parolee). This means that unless the immigrant is a qualified alien and is eligible under current program rules, the date of eligibility for adult Iraqi and Afghani special immigrants will depend on when the individual has been granted special immigrant status. Thus the beginning date for eligibility may or may not coincide with the special immigrant’s date of entry. Moreover, Iraqis and Afghanis who entered the U.S. as special immigrants or who adjusted to that status before December 26, 2007, may not be eligible for the full 8 or 6 months of benefits.

For example, asylees are qualified aliens and are eligible under current program rules. Even if the asylee later adjusts and becomes a special immigrant, the six or eight month time limit would not apply.

In another example, aliens who are paroled into the U.S. for one year are qualified aliens and would be eligible for food stamps after five years or by meeting another condition. If the parolee later adjusts to special immigrant status, the period of eligibility would begin from the date the special immigrant status is approved, and the six or eight-month time limit would apply.  

Note for Food Stamps: The Iraqi and Afghani special immigrant time limits do not apply to qualified alien children under 18, who are eligible under normal program rules until they reach the age of 18.    

It is critical that eligibility workers carefully examine the immigration documents of Iraqi and Afghani special immigrants and their family members to ensure that appropriate policies are applied to all household members.

Review Periods and Time Limits  

Because adult Iraqi and Afghani special immigrants can only receive, respectively, up to 8 or 6 months of benefits, staff shall certify the household and authorize a review period that matches the eligibility period: either 8 or 6 months. This is to insure that special immigrants do not receive more benefits than they are entitled to receive. When the household reapplies at the end of its review period, the State agency must redetermine eligibility based on the immigration status of each period, the State agency must redetermine eligibility based on the immigration status of each household member. After the end of the 6/8 month period, special Iraqi and Afghani immigrants must be in qualified alien status (Legal Permanent Resident) for 5 years before they can qualify for benefits.

Medical Assistance

These provisions are applicable to Medicaid, HealthWave 21 and MediKan. Although eligibility for full medical assistance ends when the refugee’s  initial period of entry ends - in the case of Afghan immigrants,  six months after their date of entry into the U.S, and, in the case of Iraqi immigrants, eight  months after their date of entry into the U.S. – he or  she  may qualify for emergency medical under the SOBRA program upon expiration of this special initial entry period. SOBRA coverage is available to persons who have a documented medical emergency and  are otherwise eligible for medical assistance except for the citizenship/alienage criteria. SOBRA coverage is also available during the  5 year bar requirement applicable to most qualified immigrants. For many immigrants, full Medicaid or HealthWave 21 coverage is  available when the 5 year bar has been satisfied. Note that the 5 year bar starts with the date of entry into the United States. So, these special Iraqui and Afghani immigrants, may receive coverage while the bar is running.

In addition, the following rules apply to medical applications:

• These individuals may be eligible for prior medical assistance, but coverage cannot be provided before the initial entry date or the effective date for the special group of December, 2007,  whichever is later. 
• If these individuals are determined ineligible for Medicaid, they must be determined under Refugee Medical Assistance, but only for the initial 6 or 8 month period.  
• For medically needy cases, the expiration of the initial entry period does not shorten an existing base period.  
• Coverage expires at the end of the 6 or 8 month period for pregnant women and children subject to the continuous eligibility provisions.   However, a pregnant woman whose entry period expires prior to the birth of the baby may be eligible for payment of labor and delivery services under the SOBRA program for the remainder of the pregnancy.    

Iraqi Special Immigrant Examples

Adult Iraqi special immigrants can receive up to eight months of benefits from the date they are granted special immigrant status.  Because most adult Iraqi special immigrants will apply sometime after they have been granted status, the period of eligibility could be eight months or less, as the following illustrates:

Food Stamps

Medical Assistance

Afghani Special Immigrant Examples

Adult Afghani special immigrants can receive up to six months of benefits from the date they are granted special immigrant status.  Because most adult Afghani special immigrants will apply sometime after they have been granted status, the period of eligibility could be six months or less, as the following illustrates:

Food Stamps

Medical Assistance

If you believe any persons meeting these criteria have been denied eligibility since January 2008, please contact EES Policy for food stamps and cash, or KHPA Medicaid policy for medical regarding instructions on how to proceed with the case.