Section 16.03.08.131 - CITIZENSHIP AND QUALIFIED NON-CITIZEN CRITERIATo be eligible, an individual must be a member of one (1) of the groups listed in Subsections 131.01 through 131.10 of this rule.
01.U.S. Citizen. A U.S. Citizen; or02.U.S. National, National of American Samoa or Swains Island. A U. S. National, National of American Samoa or Swains Island; or03.Full-Time Active Duty U.S. Armed Forces Member. A qualified non-citizen as defined in 8 U.S.C. 1641(b) or (c) currently on full-time active duty with the U.S. Army, U.S. Air Force, U.S. Marine Corps, U.S. Navy or U.S. Coast Guard, or a spouse or unmarried dependent child of the U.S. Armed Forces member; or04.Veteran of the U.S. Armed Forces. A qualified non-citizen as defined in 8 U.S.C. 1641(b) or (c) honorably discharged from the U.S. Army, U.S. Air Force, U.S. Marine Corps, U.S. Navy or U.S. Coast Guard for a reason other than their citizenship status or a spouse, including a surviving spouse who has not remarried, or an unmarried dependent child of the veteran; or05.Non-Citizen Entering the U.S. Before August 22, 1996. A non-citizen who entered the U.S. before August 22, 1996, and is currently a qualified non-citizen as defined in 8 U.S.C. 1641(b) or (c); or06.Non-Citizen Entering on or After August 22, 1996. A non-citizen who entered on or after August 22, 1996, and a. Is a refugee admitted into the U.S. under 8 U.S.C. 1157, and can be eligible for seven (7) years from their date of entry; orb. Is an asylee granted asylum into the U.S. under 8 U.S.C. 1158, and can be eligible for seven (7) years from the date their asylee status is assigned; orc. Is an individual whose deportation or removal from the U.S. has been withheld under 8 U.S.C. 1253 or 1231(b)(3) as amended by Section 305(a) of Division C of Public Law 104-208, and can be eligible for seven (7) years from the date their deportation or removal was withheld; ord. Is an Amerasian immigrant admitted into the U.S. under 8 U.S.C. 1612(b)(2)(A)(i)(V), and can be eligible for seven (7) years from the date of entry; ore. Is a Cuban or Haitian entrant to the U.S. under Section 501(e) of the Refugee Assistance Act, and can be eligible for seven (7) years from their date of entry; or07.Qualified Non-Citizen Entering on or After August 22, 1996. A qualified non-citizen under 8 U.S.C. 1641(b) or (c), entering the U.S. on or after August 22, 1996, and who has had a qualified non-citizen status for at least five (5) years; or08.Victim of Severe Form of Trafficking. A victim of a severe form of trafficking in persons, as defined in 22 U.S.C. 7102(13); who meets one (1) of the following: a. Is under the age of eighteen (18) years; orb. Is certified by the U.S. Department of Health and Human Services as willing to assist in the investigation and prosecution of a severe form of trafficking in persons; and i. Has made a bona fide application for a temporary visa under 8 U.S.C. 1104(a)(15)(T), which has not been denied; orii. Is remaining in the U.S. to assist the U.S. Attorney General in the prosecution of traffickers in persons.09.Afghan Special Immigrants. An Afghan special immigrant, as defined in Public Law 111-118, who has special immigration status after December 26, 2007, is eligible from the date they enter into the U.S. as a special immigrant or the date they convert to the special immigrant status.10.Iraqi Special Immigrants. An Iraqi special immigrant, as defined in Public Law 111-118, who has special immigration status after January 28, 2008, is eligible from the date they enter the U.S. as a special immigrant or the date they convert to the special immigrant status.Idaho Admin. Code r. 16.03.08.131