Exhibit 2-1
Immigration and Citizenship
All applicants must sign a Declaration of Eligibility Status, form PW-AP
104. Family members who declare non-citizen status must complete
the Non-Citizen with Eligible Immigration Status, form PW-AP105.
Family members who choose to not declare U.S. citizenship, or eligible
immigration status, are ineligible for assistance; however, provided
another family member qualifies for assistance, they may be part of a
“mixed” family.
There are different requirements for those who qualify as eligible
immigrants depending upon their age:
 Immigrants who are 62 years of age or older must sign the
Non-Citizen with Eligible Immigration Status, form PW-AP105,
and provide proof of age.
 Immigrants who are younger than age 62 must sign a NonCitizen with Eligible Immigration Status, form PW-AP105, and
provide original Immigration and Naturalization Service
documentation as listed in Item A., below.
 An adult residing in the unit and responsible for a child will
sign the form PW-AP105 on behalf of the minor and provide
original Immigration and Naturalization Service
documentation as listed in Item A., below.
A.
REQUIRED IMMIGRATION DOCUMENTATION
The applicant must supply one of the following documents along with
form PW-AP105 to prove eligibility:
 Form I-151, Alien Registration Receipt Card (for permanent
resident aliens)
 Annotated Form I-94, Arrival-Departure Record, with one of
the following checked off:
 “Admitted as Refugee Pursuant to Section 207”
 “Section 208” or “Asylum”
 “Section 243(h)” or “Deportation Stayed by Attorney
General”
 “Paroled Pursuant to Section 212(d)(5) of the INA”
 Unannotated Form I-94, “Arrival-Departure Record,”
accompanied by one of the following documents:
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Exhibit 2-1
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Immigration & Citizenship
 A final court decision granting asylum (but only if no
appeal is taken)
 A letter from an INS asylum officer granting asylum (if
application is filled on or after October 1, 1990), or from
an INS district director granting asylum (if application filed
before October 1, 1990)
 A court decision granting withholding of deportation
 A letter from an INS asylum officer granting withholding of
deportation (if application filed on or after October 1,
1990)
 Form I-688, Temporary Resident Card which must be
annotated “Section 245A” or “Section 210”
 Form I-688B, Employment Authorization Card, which must be
annotated “Provision of Law 274a.12(11)” or “Provision of
Law 274a.12”
 A receipt issued by the INS indicating that an application for
issuance of a replacement document in one of the abovelisted categories has been made, and the applicant’s
entitlement to the document has been verified.
B.
APPLICANTS FOR ASSISTED HOUSING WHO ARE
RESIDENT ALIENS (42 USC SEC. 1436A)
AHFC will only provide rental assistance to an alien that is a resident of
the United States and who meets one of the following conditions:
 A non-citizen lawfully admitted for permanent residence, as defined by:
section 101(a)(20) of the Immigration and Nationality Act (INA) as an
immigrant; section 101(a)(15) of the INA (8U.S.C. 1001(a)(20) and
1101(a)(15), respectively) [immigrants]. (This category includes a
non-citizen admitted under section 210 or 210A of the INA (8 U.S.C.
1160 or 1161) [special agricultural worker] who has been granted
lawful resident status).
 A non-citizen who entered the United States before January 1, 1972, or
such later date as enacted by law, and has continuously maintained
residence in the United States since then, and who is not eligible for
citizenship, but who is deemed to be lawfully admitted for permanent
residence as a result of an exercise of discretion by the Attorney
General under section 249 of the INA (8 U.S.C. 1259).
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Immigration & Citizenship
 A non-citizen who is lawfully present in the United States pursuant to
admission under section 207 of the INA (8 U.S.C. 1157) [refugee
status]; pursuant to the granting of asylum (which has not been
terminated) under section 208 of the INA (8 U.S.C. 1158) [asylum
status]; or as a result of being granted conditional entry under section
203(a)(7) of the INA (8 U.S.C. 1153(a)(7) before April 1, 1980,
because of persecution or fear of persecution on account of race,
religion, or political opinion, or of being uprooted by catastrophic
national calamity.
 A non-citizen who is lawfully present in the United States as a result of
an exercise of discretion by the Attorney General for emergent reasons
or reasons deemed strictly in the public interest under section
212(d)(5) of the INA (8 U.S.C. 1182(d)(5) [parole status].
 A non-citizen who is lawfully present in the United States as a result of
the Attorney General’s withholding deportation under section 243(h) of
the INA (8 U.S.C. 1253(h) [threat to life or freedom].
Under no circumstance will AHFC provide assistance to alien visitors,
tourists, diplomats, and students who enter the United States
temporarily with no intention of abandoning their residence in a
foreign country.
C.
EXCEPTIONS FOR CANADIAN INDIANS
Since 1794, aboriginal peoples have been guaranteed the right to
trade and travel between the United States and Canada, which was
then a territory of Great Britain. This right is recognized in Article III
of the Jay Treaty, also known as the Treaty of Amity, Commerce
and Navigation of 1794 and subsequent laws that stem from the Jay
Treaty.
Canadian-born people with at least 50% aboriginal blood can enter,
live in, and work in the United States without immigration restrictions.
This right is guaranteed by federal statute (8 U.S.C. §1359) and the
federal court case Akins v. Saxbe, 380 F. Supp. 1210 (D.Me. 1974).
These rights include the ability to:
 Cross the U.S./Canadian border freely.
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Immigration & Citizenship
 Live and work in the U.S.
 Be eligible for public benefits, such as Medicaid, Supplemental
Security Income (SSI), Medicare, Unemployment Benefits and
other Public Assistance, provided the person meets the
appropriate agency guidelines.
 Federal benefits may include federal student loans, Section
8 housing and Veterans' benefits.
 State benefits may include Public Assistance,
Women/Infants/Children ("WIC") and Temporary Assistance
for Needy Families (TANF).
C.1
Proof of Eligibility
INS does not keep a data bank of persons affected by Jay’s Treaty and
does not require registration or permission. A person who crosses the
border with intent to live, work or apply for benefits in the U.S., must
be prepared to prove at least 50% aboriginal blood (“letter of
quantum”).
Acceptable verification includes:

The “letter of quantum” from the tribal office and one of the
following:
 Social Security Card
 Canadian or U.S. driver's license
 School ID card with photo
 U.S. military card
 U.S. Coast Guard Merchant Mariner card
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Exhibit 2-1
03/01/06
Immigration & Citizenship