A noncitizen lawfully residing in the United States is an eligible noncitizen when he or she is:
- (1) a member of a Hmong or Highland Laotian tribe at the time the tribe rendered assistance to U.S. personnel by taking part in a military or rescue operation during the Vietnam era beginning August 5, 1964 and ending May 7, 1975; or
- (2) a spouse, unremarried surviving spouse or an unmarried dependent child of a Hmong or other Highland Laotian tribe member who meets the conditions provided in 106 CMR 362.235(a).