1. (a) Each individual for whom application is made must be one (1) of the following:

   1. (1) A United States citizen (native born or naturalized);
   2. (2) An alien lawfully admitted for permanent residence prior to August 22, 1996;
   3. (3) A qualified alien for whom federal law requires benefits under Title IV-A of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 to be provided;

   4. (4)

      1. (A) An alien who entered the United States on or after August 22, 1996, and has been in qualified alien status for at least five (5) years.
      2. (B) Note. For an alien who is granted qualified alien status due to being a battered alien, the five-year period begins with the date of the prima facie case determinations or the date the I-130 visa petition is approved; or

   5. (5)

      1. (A) An individual who lawfully resides in the United States in accordance with the Compact of Free Association between the government of the United States and the governments of the:

2. (i) Republic of the Marshall Islands;

   1. (ii) Federated States of Micronesia; or

      1. (iii) Republic of Palau.
      2. (B) These individuals may lawfully live and work in the United States and its territories as nonimmigrants without a visa.

3. (b) An alien lawfully admitted for permanent residence prior to August 22, 1996, includes the following:

   1. (1) A refugee admitted under Section 207 of the Immigration and Nationality Act;
   2. (2) An alien granted asylum under Section 208 of the Immigration and Nationality Act;
   3. (3) An alien who was paroled into the United States under Section 212(d)(5) of the Immigration and Nationality Act for a period of at least one (1) year;
   4. (4) An alien whose deportation is being withheld under Section 243(h) of the Immigration and Nationality Act; and

   5. (5) An alien who was granted conditional entry pursuant to Section 203(a)(7) as in effect prior to April 1, 1980.

      1. (c) A qualified alien under subdivision (a)(3) of this section is one who meets one (1) of the following criteria:
   6. (1) Was admitted to the United States less than five (5) years ago as a refugee under Section 207 of the Immigration and Nationality Act;
   7. (2) Was granted asylum under Section 208 of the Immigration and Nationality Act less than five (5) years ago;
   8. (3) Whose deportation is being withheld under Section 243(h) of the Immigration and Nationality Act and such withholding decision was made less than five (5) years ago;

   9. (4) Has been admitted for permanent residence under the Immigration and Nationality Act and has worked forty (40) qualifying quarters of coverage as defined under Title II of the Social Security Act or can be credited with such qualifying quarters as follows:

      1. (A) All of the qualifying quarters of coverage worked by the alien’s parent while the alien was under eighteen (18) years of age will be credited to the alien;
      2. (B) All of the qualifying quarters of coverage worked by the alien’s spouse during their marriage provided they are still married or the spouse is deceased;
      3. (C) No qualifying quarter of coverage described above, beginning on or after January 1, 1997, worked by the alien, parent, or spouse will be credited to the alien if the alien, parent, or spouse, as appropriate, received any federal means-tested public benefit during the period for which the qualifying quarter of coverage is so credited;

   10. (5) Is lawfully residing in the state and is:

       1. (A) A veteran with an honorable discharge from the military;
       2. (B) On active duty, other than for training, in the Armed Forces of the United States; or
       3. (C) The spouse or unmarried dependent child of an individual described in subdivision (c)(5)(A) or (c)(5)(B) of this section;
   11. (6) Has been certified as a victim of a severe form of trafficking under Section 107 of the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386; or

   12. (7) Is a Cuban or Haitian entrant as defined under Section 501(e) of the Refugee Education Assistance Act of 1980.

       1. (d) A qualified alien under subdivision (a)(4) of this section, including battered aliens, is one who meets one (1) of the following criteria:
   13. (1) An alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act;
   14. (2) An alien who is paroled into the United Sates under Section 212(d)(5) of such act for a period of at least one (1) year; and
   15. (3) An alien who is granted conditional entry pursuant to Section 203(a)(7) of such act as in effect prior to April 1, 1980.

Codification Notes: This section as promulgated prior to codification into the Code of Arkansas Rules provided as follows: “12/01/24” Title IV-A of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 is codified at 42 U.S.C. § 601 et seq. The Immigration and Nationality Act is codified at 8 U.S.C. § 1101 et seq. Title II of the Social Security Act is codified at 42 U.S.C. § 401 et seq. The Refugee Education Assistance Act of 1980 was enacted as Pub. L. No. 96-422.