Kan. Admin. Regs. § 30-4-54 - Citizenship, alienage, and residence
(a) Definition. For the purposes of this
regulation, "resident" shall mean any person who is living in Kansas
voluntarily, with no intention of presently moving from Kansas, and who is not
living in Kansas for a temporary purpose.
(1)
Each child living in Kansas shall be considered a resident.
(2) For TANF, each person who has entered
Kansas with a job commitment or who is seeking employment in Kansas shall be
considered a resident.
(b) Citizenship and alienage. Each applicant
or recipient shall be a citizen of the United States or shall be an alien who
meets the conditions in either paragraph (1) or paragraph (2) of this
subsection.
(1) The individual entered the
United States before August 22,1996 and meets one of these conditions:
(A) Is a refugee, including persons who are
Cuban or Haitian entrants or admitted as Amerasian immigrants;
(B) is granted asylum;
(C) has deportation withheld;
(D) is a lawful permanent resident;
(E) is an honorably discharged veteran or
currently on active duty in the armed forces or is the spouse or unmarried
dependent child of such an alien;
(F) is paroled into the United States for at
least one year;
(G) is granted
conditional entry; or
(H) is a
person who does not meet any of the conditions listed in paragraphs
(b)(l)(A)-(G) but who has been battered or subjected to extreme cruelty by a
U.S. citizen or lawful permanent resident spouse or parent and entered the U.S.
on or before August 22, 1996. The person shall have a pending or approved
violence against women act (VAWA) case or a family-based petition before United
States citizenship and immigration services (USCIS). This provision shall
include the person's children.
(2) The individual entered the United States
on or after August 22,1996 and meets one of these conditions:
(A) Is a refugee, including persons who are
Cuban or Haitian entrants or admitted as Amerasian immigrants;
(B) is granted asylum;
(C) has deportation withheld;
(D) is an honorably discharged veteran or
currently on active duty in the armed forces or is the spouse or unmarried
dependent child of such an alien;
(E) is a lawful permanent resident who has
resided in the United States at least five years as required by federal
law;
(F) is paroled into the United
States for at least one year and has resided in the United States at least five
years;
(G) is granted conditional
entry and has resided in the United States for at least five years;
or
(H) is a person who does not
meet any of the conditions listed in paragraphs (b)(2)(A)-(G) but who has been
battered or subjected to extreme cruelty by a U.S. citizen or lawful permanent
resident spouse or parent and entered the U.S. on or before August 22, 1996.
The person shall have a pending or approved violence against women act (VAWA)
case or a family-based petition before USCIS. This provision shall include the
person's children.
(c) Residence. Each applicant or recipient
shall be a Kansas resident. Temporary absence from Kansas, with subsequent
returns to Kansas or intent to return when the purposes of the absence have
been accomplished, shall not be considered to interrupt continuity of
residence. Residence shall be considered to be maintained until abandoned or
established in another state.
Notes
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