SECTION 700.824. What if the child is not a U.S. citizen?

(a) If the child is not a U.S. citizen, then the child or the prospective adoptive parent must meet one of the following conditions before the adoption assistance agreement is signed in order to be eligible for Title IV-E assistance:

(1) the child is a qualified alien who entered the U.S. prior to August 22, 1996, or has been a qualified alien for at least five years;

(2) the child is a refugee or asylee, as defined in 8 U.S.C. §1613(b);

(3) the child meets the criteria of 8 U.S.C. §1613(b) or is a trafficking victim or a derivative beneficiary of such a victim; or

(4) if the child is a qualified alien but does not meet the requirements listed in paragraphs (1) - (3) of this subsection, the adoptive parent is a U.S. citizen or qualified alien.

(b) For purposes of Title IV-E eligibility, the term "qualified alien" is defined in 8 U.S.C. §1641(b).

(c) The child's citizenship or immigration status must be verified in accordance with federal law. If you are relying on the exception in subsection (a)(4) of this section, your citizenship or immigration status must also be verified in accordance with federal law.

Source Note: The provisions of this §700.824 adopted to be effective July 12, 2001, 26 TexReg 5061; amended to be effective March 1, 2010, 35 TexReg 875