OKDHS - OAC 340:60-1-3. Refugee Resettlement Program (RRP)

340:60-1-3. Refugee Resettlement Program (RRP)

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Revised 11-1-09

(a) The Refugee Act of 1980. The Oklahoma Department of Human Services (OKDHS) RRP uses the international definition of refugee adopted under the Refugee Act of 1980. • 1

(b) Refugee documentation. • 2 An applicant for assistance under the RRP must provide documentation issued by the United States Citizenship and Immigration Services (USCIS). Acceptable documentation includes, but is not limited to:

(1) Form I-94, Departure Record;
(2) Form I-551, Legal Permanent Resident Card; • 3
(3) a passport stamped with the classification status;
(4) a T-Visa; or
(5) a letter or order from the USCIS or court granting asylum.

(c) Refugee status. Documentation from USCIS provided by the applicant must show the applicant's status is:

(1) paroled as a refugee or asylee under Section 212(d)(5) of the Immigration and Nationality Act (INA);
(2) admitted as a refugee under Section 207 of the INA;
(3) granted asylum under Section 208 of the INA;
(4) admitted as an Amerasian immigrant from Vietnam under Section 584 of the Foreign Operations, Export Financing and Related Program Appropriations Act of 1989, as amended;
(5) admitted for permanent residence, provided the person previously held one of the statuses identified in this Section;
(6) a Cuban or Haitian entrant;
(7) an alien and his or her eligible relatives who are victims of a severe form of trafficking pursuant to Section 107(b) of the Trafficking Victims Protection Act of 2000 which was reauthorized and amended by the Trafficking Victims Protection Reauthorization Act of 2003;
(8) an Iraqi admitted in special immigrant status as defined in Section 101(a)(27) of the INA [8 U.S.C. 1101(a)(27)], and per Section 1059, P.L. 109-163, the National Defense Authorization Act for Fiscal Year 2006, and Section 1244 of P.L. 110-181, the National Defense Authorization Act for Fiscal Year 2008 pursuant to Section 525 of Division G of P.L. 110-161, the Consolidated Appropriations Act of 2008, and Section 1244 of P.L. 110-181, the National Defense Authorization Act for Fiscal Year 2008; or
(9) an Afghan admitted in special immigrant status as defined in Section 101(a)(27) of the INA [8 U.S.C. 1101 (a)(27)] and per Section 1059, P.L. 109-163, the National Defense Authorization Act for Fiscal Year 2006, and Section 602, Division F, P.L. 111-08, the Omnibus Appropriations Act, 2009, pursuant to Section 525 of Division G of P.L. 110-161 of the Consolidated Appropriations Act, 2009.

(d) Verification of alien status. A declaration of alien status is required at application for all persons applying for RRP.

(1) Under penalty of perjury, the applicant declares the alien status of all persons applying for RRP benefits on the application form and signs the application. After certification, this declaration is made on Form 08MP022E, Declaration of Citizenship Status, before additional persons are added to the benefit.
(2) The Systematic Alien Verification for Entitlement (SAVE) process is used to verify alien status per OAC 340:65-3-4(5). • 4

(e) Exclusions from RRP. Persons excluded from participation in RRP are:

(1) resident aliens who did not previously have the status of refugee or asylee; or
(2) any applicant for asylum who has not been granted asylum status.

INSTRUCTIONS TO STAFF 340:60-1-3

Revised 11-1-09

1. The international definition of refugee is:

(1) a person outside his or her country of origin who is unable or unwilling to return to that country due to persecution or a well-founded fear of persecution after such return; and

(2) in specifically designated countries, those persons who are still within their countries of origin who have a well-founded fear of persecution if they remain.

2. The Comprehensive Alien Chart can be accessed on the Family Support Services/Temporary Assistance for Needy Families (FSSD/TANF) Web site on the InfoNet.

3. Form I-151, Resident Alien Card, is no longer valid to prove immigration status. Persons who present Form I-151 must be referred to the United States Citizenship and Immigration Services (USCIS) for a replacement Form I-551, Permanent Resident Card.

4. Refugees who inquire about changing their alien status to legal permanent resident (LPR) contact USCIS, 4400 SW 44 St, Suite A, Oklahoma City, Oklahoma, 73119.

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