15 AAC 23.154 - Eligibility of aliens
(a) The department will consider an alien to
be lawfully admitted for permanent residence if the alien provides verification
that the alien has been assigned a status under
8 U.S.C.
1101 -
1189 (Immigration and Nationality
Act) that allows the alien to adopt the United States as the alien's domicile,
including the following statuses:
(1) status
as an immigrant within the meaning of
8 U.S.C.
1101(a)(15), as verified by
the USCIS;
(2) status as a
nonimmigrant within the meaning of
8 U.S.C.
1101(a)(15), as verified by
the USCIS, if that status does not require the alien to declare that the alien
has a residence in a country other than the United States;
(3) indefinite parole into the United States
under 8 U.S.C.
1182(d)(5), as verified by
the USCIS;
(b) The
department will not consider an alien to be lawfully admitted for permanent
residence if the USCIS assigns the alien a status that requires the alien to
declare that the alien has a residence in a country other than the United
States.
(c) The department will
consider an alien to be a state resident for purposes of
AS
43.23.005(a)(3) on the date
that the alien can demonstrate, to the satisfaction of the department, that the
alien has formed the intent to remain indefinitely under the requirements of AS
43.23 and this chapter. The qualifying year for dividend eligibility for an
alien who is a state resident begins on January 1 of the calendar year after
the date the alien is lawfully admitted for permanent residence in the United
States under this chapter, granted asylum under
8 U.S.C.
1158, or granted refugee status under
8 U.S.C.
1157 or
8 U.S.C.
1159.
(d) If an alien may adopt the United States
as the alien's domicile, but has been assigned, under
8 U.S.C.
1101 -
1189 (Immigration and Nationality
Act), a nonimmigrant status allowing only a limited stay in the United States,
the department will not consider the alien to be a resident under
AS
43.23.005(a)(3) and this
section, unless the department finds that the alien has taken a significant
step to convert or adjust to a permanent or indefinite status. A significant
step includes the filing of a petition or application with the USCIS.
(e) An alien seeking eligibility under this
section has the burden of proving that on the date of the dividend application
the alien was lawfully admitted for permanent residence as described in (a) of
this section, granted asylum under
8 U.S.C.
1158, or granted refugee status under
8 U.S.C.
1157 or
8 U.S.C.
1159.
(f) A foreign-born child adopted by an
eligible resident is not subject to this section.
(g) For purposes of this section,
(1) "alien" has the meaning given in
8 U.S.C.
1101(a)(3), as revised as of
September 1, 2001 and adopted by reference;
(2) "USCIS" means the United States
Citizenship and Immigration Service.
Notes
Authority:AS 43.23.005
AS 43.23.015
AS 43.23.055
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