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How immigration status affects assistance

High Point Diversity FestivalUnder federal law, all Seattle Housing Authority residents, participants and household members who receive a federal subsidy must declare whether they are U.S. citizens, U.S. nationals or have eligible immigration status. This requirement affects the Low Income Public Housing program and all Section 8 programs.

Because SHA wants to give all household members the best opportunity to be able to claim citizenship or eligible immigration status:

  • SHA does not verify citizenship or status at the admissions interview.

  • SHA does not verify citizenship or status at the time of leasing or voucher issuance.

  • SHA must verify status by the first regular annual certification of income (one year after leasing a unit in any program).

If you and all of your household members are U.S. citizens, U.S. nationals or have eligible immigration status, you will continue receiving the federal subsidy.

What happens if I or my family members do not have eligible immigration status after one year?

If you or one or more of your household members cannot, or do not, claim to be U.S. citizens, U.S. nationals or have eligible immigration status, you will not necessarily lose your housing, but your federal subsidy may be reduced or terminated.

If you have any questions or concerns about your immigration status as it applies to your housing assistance, you should contact a staff member at the PorchLight Housing Center.

Understanding eligible immigration status

Non-citizens may have eligible immigration status in these categories:

1. Immigrants and special agriculture workers

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)(immigrants). This category includes a non-citizen admitted under Section 210 or 210A of the INA (8 U.S.C. 1160 or 1161), special agriculture workers, who have been granted lawful temporary resident status; or

2. Non-citizens residing in U.S. prior to 1972

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); or

3. Refugee or asylum status

A non-citizen who is 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; or

4. Parole status

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 under Section 212(d)(5) of the INA (8 U.S.C. 1182(d)(5))(parole status); or

5. Deportation asylum

A non-citizen who is 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); or

6. Amnesty granted

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).

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This information is based on rules found in the Code of Federal Regulations (CFR) Title 24 Part 5 Subpart E: Restrictions on Assistance to Noncitizens.

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Seattle Housing Authority • 120 Sixth Avenue N. • P.O. Box 19028 • Seattle, WA 98109-1028 • (206) 615-3300