7 AAC 100.058 - Aliens exempt from the five-year bar

The five-year bar described in 7 AAC 100.056 does not apply to an alien who is

(1) a refugee granted asylum or an individual with a similar status described in 8 U.S.C. 1613(b)(1);

(2) a veteran of, or who is on active duty in, the United States armed forces as described in 8 U.S.C. 1613(b)(2);

(3) an individual who is Hmong or from another Highland Lao tribal people who fought on behalf of the armed forces of the United States during the Vietnam conflict and who has been lawfully admitted to the United States as a permanent resident; in accordance with the congressional statement of intent in sec. 5566 of P.L. 105-33 (the Balanced Budget Act of 1997), the alien identified in this paragraph is considered a veteran with the same status as a veteran identified in (2) of this section;

(4) an immediate family member, as described in 8 U.S.C. 1613(b)(2)(C), of an individual in (2) or (3) of this section;

(5) a victim of a severe form of trafficking in persons, and family members of the victim, who under 22 U.S.C. 7105 are eligible for Medicaid benefits to the same extent as refugees described in 8 U.S.C. 1641(b)(3);

(6) a North American Indian identified in 7 AAC 100.050(a) (3); or

(7) an Afghan or Iraqi alien and the dependents of that alien who are granted special immigrant status under 8 U.S.C. 1101(a)(27).

Notes

7 AAC 100.058

Eff. 7/20/2007, Register 183; am 1/1/2011, Register 196

Authority:AS 47.05.010

AS 47.07.020

AS 47.07.040