HUD HCV Guidebook § 7

Eligibility for Federal housing assistance is limited26 to U.S. citizens and noncitizens who have eligible
immigration status. Families in which all members are U.S. citizens or have eligible immigration status are
eligible for housing assistance.27 Families in which at least one member is a U.S. citizen or has eligible
immigration status may also be eligible for pro-rated assistance. A family in which some family members have
eligible immigration status, and some do not contend eligible immigration status, is called a mixed family.
Mixed families receive prorated assistance based on the percentage of family members who qualify for
assistance.28
An individual who is not a U.S. citizen or national who is a resident of the U.S. and has any of the following
immigration statuses is eligible for assistance:29
     • A non-citizen lawfully admitted for permanent residence as an immigrant (includes special agricultural
          workers granted lawful temporary resident status and noncitizens that indicate they have satisfactory
          immigration status, such as VAWA self-petitioners, whose verification of eligibility or appeal of a
          determination as to permanent residence is pending with DHS).
     • A non-citizen who entered the United States before 1/1/72 (or such later date as enacted by law) and:

26
   24 CFR § 5.506(a)
27
   24 CFR § 5.506(b)
28
   24 CFR § 5.516(b)
29
   Section 214 of the Housing and Community Development Act of 1980, as amended (42 U.S.C. 1436a(a))

o   Has continuously maintained residence in the U.S. since then; and
             o   Is not ineligible 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.
     •   A non-citizen who is lawfully present in the United States as a result of:
             o Refugee status, including:
                      1) Those granted Temporary Protective Status (TPS) under the Victims of Trafficking and
                          Violence Protection Act of 2000 (P.L. 106-386) (section 207 of the Immigration and
                          Nationality Act (INA)) – these families have a “T” visa; or
                      2) The granting of asylum (which has not been terminated (section 208); or
                      3) The granting of conditional entry (section 203 (a)(7)) prior to 4/1/80 because of
                          persecution of fear on account of race, religion, or political opinion, or because 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 (section
         221(d)(5)) (e.g., parole status).
     •   A non-citizen who is lawfully present in the United States as a result of the Attorney General's’
         withholding deportation (section 243(h)) (threat to life or freedom).
     •   A non-citizen lawfully admitted for temporary or permanent residence (245A) (amnesty granted).
     •   An alien who is lawfully residing in the United States and its territories and possessions under section
         141 of the Compacts of Free Association between the Government of the United States and the
         Governments of the Marshall Islands, the Federated States of Micronesia (48 U.S.C. 1901 note) and
         Palau (48 U.S.C. 1931 note) while the applicable section is in effect: Provided, That, within Guam any
         such alien shall not be entitled to a preference in receiving assistance under this Act over any United
         States citizen or national resident therein who is otherwise eligible for such assistance.