PM 03-01-02-d: Refugee/Asylee/Cuban-Haitian/ Amerasian/ Equivalent Status

WAG 03-01-02-d

This group includes:

  • A person who is a refugee admitted under Section 207.
  • A person who is an asylee admitted under Section 208.
  • A national of Cuba or Haiti admitted on or after 04/21/80.
  • Amerasians from Vietnam, and their close family members, admitted through the Orderly Departure Program beginning on 03/20/88.
  • A person whose deportation is being withheld under Section 243(h) prior to 04/97 or Section 241(b)(3) after 04/97.
  • A person identified by the federal Office of Refugee Resettlement (ORR) as a victim of trafficking new textor the minor child, spouse, parent, or sibling of the trafficking victim.
  • An Iraqi or Afghan immigrant with special immigrant status under Section 101(a)(27) of the INA.

A person who enters the country under one of the above statuses continues to be eligible without a 5 year wait even if their status is adjusted to lawful permanent resident (LPR).

For example, a person entered the U.S. as an asylee. Even though their status is later adjusted to lawful permanent resident, the person continues to qualify for cash and medical benefits as an asylee. An Iraqi or Afghan special immigrant has immediate LPR status.