Immigration Status

Under federal law, residents in public housing programs must declare whether they are U.S. citizens, U.S. nationals, or have eligible immigration status.

If you and all of your household’s members are U.S. citizens, U.S. nationals, or have eligible immigration status, you may be eligible.  If you or one or more of your household members cannot, or do not, fall into of one these categories, you may not necessarily not be eligible.

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, as defined by Section 101(a)(15) of the INA (8 U.S.C. 1101(a)(20) and 1101(a)(15) respectively). This category includes a non-citizen admitted under Section 210 or 210A of the INA (8 U.S.C. 1160 or 1161), special agricultural workers, who have been granted lawful temporary 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).
A non-citizen lawfully present in the United States pursuant to an admission under Section 207 of the INA (8 U.S.C. 1157)(refugee status); pursuant to the grant 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 because of being uprooted by catastrophic national calamity.
A non-citizen 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 lawfully present in the United States as a result of the Attorney General’s withholding deportation under Section 234(h) of the INA (8 U.S.C. 1253(h)(threat to life or freedom).
A non-citizen lawfully admitted for temporary or permanent residence under Section 245A of the INA (8 U.S.C. 1255a)(amnesty granted under INA 245A).

Verifying immigration or citizenship status

When one or more family members cannot claim to be a U.S. citizen, U.S. national, or have eligible immigration status

The law allows “mixed” families to reside in public housing, where at least one member of a household has eligible immigration status.