OAC Rules: 5101:4-3-07, 5101:1-2-40, and 5101:1-2-40.2

Background: Public Law 110-161 granted Iraqi and Afghan aliens special immigrant visas (SIV) under section 101(a)(27) of the Immigration and Nationality Act (INA). Individuals and family members granted this special immigrant status are eligible for resettlement assistance, entitlement programs, and other benefits the same as refugees admitted under section 207 of the INA. For Afghan aliens, this eligibility was limited to six months from the date of entry to the United States.

New Policy: Public Law 111-8 under section 602 of the Omnibus Appropriations Act of 2009 extended the Afghan special immigrant eligibility period for Ohio Works First, Refugee Cash Assistance and Food Assistance to eight months from their date of entry to the United States or the date of adjustment to special immigrant status.

Food Assistance eligibility: With the authority of Public Law 111-8 effective March 10, 2009, the eligibility time limit for Afghan aliens with a special immigrant status has been extended. An Afghan alien with special immigrant status will be considered a qualified alien under rule 5101:4-3-07 for eight months from their date of entry to the United States or the date of adjustment to special immigrant status.

For Afghan aliens with special immigrant status the Food Assistance certification period shall not exceed eight months from their date of entry or SIV grant date if applied from within the United States. When this eight month limit has passed the individuals must meet one of the other citizenship requirements listed in rule 5101:4-3-07 in order to receive benefits.

Ohio Works First or Refugee Cash Assistance eligibility: Afghan special immigrants are exempt from the five year bar on receipt of federal means-tested TANF public benefits for a time-limited period. The time-limited exemption period for Afghan special immigrants is now eight months from the date of entry into the United States or the date of adjustment to special immigrant status.

Once the eight month exemption period ends, these special immigrants would meet the definition of lawful permanent residents and would no longer be exempt from the five year bar on receipt of a federal means-tested public benefit.

Refugee Social Services Program (RSSP) eligibility: In accordance with Public Law 111-8, effective March 10, 2009, an Afghan special immigrant is eligible for RSSP services for eight months from the date of admission to the United States or from the date special immigrant status was awarded in the U.S. under section 101(a)(27) of the INA.

Action Required: County agencies that discover or become aware of any special immigrants who were terminated or denied any benefits or services on or after March 10th, 2009 should re-determine those terminations or denials using this current policy.