Subdivision 1.

General citizenship requirements.

(a) To be eligible for MFIP, a member
of the assistance unit must be a citizen of the United States, a qualified noncitizen as defined
in section 256J.08, or a noncitizen who is otherwise residing lawfully in the United States.

(b) A qualified noncitizen who entered the United States on or after August 22, 1996,
is eligible for MFIP. However, TANF dollars cannot be used to fund the MFIP benefits for
an individual under this paragraph for a period of five years after the date of entry unless
the qualified noncitizen meets one of the following criteria:

(1) was admitted to the United States as a refugee under United States Code, title 8,
section 1157;

(2) was granted asylum under United States Code, title 8, section 1158;

(3) was granted withholding of deportation under the United States Code, title 8, section
1253(h);

(4) is a veteran of the United States armed forces with an honorable discharge for a
reason other than noncitizen status, or is a spouse or unmarried minor dependent child of
the same; or

(5) is an individual on active duty in the United States armed forces, other than for
training, or is a spouse or unmarried minor dependent child of the same.

(c) A person who is not a qualified noncitizen but who is otherwise residing lawfully in
the United States is eligible for MFIP. However, TANF dollars cannot be used to fund the
MFIP benefits for an individual under this paragraph.

(d) For purposes of this subdivision, a nonimmigrant in one or more of the classes listed
in United States Code, title 8, section 1101(a)(15)new text begin (A)-(S) and (V)new text end , or an undocumented
immigrant who resides in the United States without the approval or acquiescence of the
United States Citizenship and Immigration Services, is not eligible for MFIP.