---
kind: "section"
citation: "45 C.F.R. § 233.50"
title: "45"
number: "233.50"
heading: "Citizenship and alienage."
url: "https://uscodex.org/cfr/45/233.50"
---

# §233.50. Citizenship and alienage.


A State plan under title I (OAA); title IV-A (AFDC); title X (AB); title XIV (APTD); and title XVI (AABD-disabled) of the Social Security Act shall provide that an otherwise eligible individual, dependent child, or a caretaker relative or any other person whose needs are considered in determining the need of the child or relative claiming aid, must be either:

- (a) A citizen, or
- (b) An alien lawfully admitted for permanent residence or otherwise permanently residing in the United States under color of law, including certain aliens lawfully present in the United States as a result of the application of the following provisions of the Immigration and Nationality Act:
  - (1) **Section 207(c), in effect after March 31, 1980—** Aliens Admitted as Refugees.
  - (2) **Section 203(a)(7), in effect prior to April 1, 1980—** Individuals who were Granted Status as Conditional Entrant Refugees.
  - (3) **Section 208—** Aliens Granted Political Asylum by the Attorney General.
  - (4) **Section 212(d)(5)—** Aliens Granted Temporary Parole Status by the Attorney General, or
- (c) An alien granted lawful temporary resident status pursuant to section [201](/cfr/45/201.md), [302](/cfr/45/302.md), or [303](/cfr/45/303.md) of the Immigration Reform and Control Act of 1986 (Pub. L. 99-603) who must be either:
  - (1) **A Cuban and Haitian entrant as defined in paragraph (1) or (2)(A) of section 501(e) of Pub.** L. 96-422, as in effect on April 1, 1983, or
  - (2) An adult assistance applicant for OAA, AB, APTD, or AABD, or
  - (3) An applicant for AFDC who is not a Cuban and Haitian applicant under [paragraph (c)(1)](#c-1) of this section who was adjusted to lawful temporary resident status more than five years prior to application.

## Notes

### Amendments

[47 FR 5680, Feb. 5, 1982; 47 FR 43383, Oct. 1, 1982, as amended at 52 FR 48689, Dec. 24, 1987; 53 FR 30433, Aug. 12, 1988; 54 FR 10544, Mar. 14, 1989]

### Authority

Authority: 42 U.S.C. 301, 602, 602 (note), 606, 607, 1202, 1302, 1352, and 1382 (note).

### Amendments

[47 FR 5680, Feb. 5, 1982; 47 FR 43383, Oct. 1, 1982, as amended at 52 FR 48689, Dec. 24, 1987; 53 FR 30433, Aug. 12, 1988; 54 FR 10544, Mar. 14, 1989]