INCORRECT – the correct response is “yes”
Diana is eligible because she meets the criteria for eligibility for a migratory child in the Migrant Education Program.
A migratory child is a child or youth who made a qualifying move in the preceding 36 months— ‘‘(A) as a migratory agricultural worker or a migratory fisher; or ‘‘(B) with, or to join, a parent or spouse who is a migratory agricultural worker or a migratory fisher.
Migratory Child- Diana is a migratory child because she has made a qualifying move in the preceding 36 months with a migratory agricultural worker. The move this family makes to Tacoma, WA on June 20th, 2020, is a qualifying move.
Migratory Agricultural Worker- Diana’s father is an established migratory agricultural worker. He made a qualifying move in the preceding 36 months, actively sought qualifying work, and has a recent history of moves.
Qualifying Move- The move Diana and her family recentely made to Tacoma, WA was a qualifying move because it was:
Summary-
Diana is eligible for the Migrant Education Program because she made a qualifying move in the preceding 36 months with an established migratory agricultural worker. Diana’s father established himself as a migratory agricultural worker because he made a qualifying move in the preceding 36 months, actively sought qualifying work soon after the move, and has a recent history of moves.
Note:
When completing the COE the recruiter should include comments that explain how the father actively sought qualifying work and should indicate the two moves that resulted in qualifying activity.
Examples:
Actively sought: Diana’s father moved to Tacoma on June 20th, 2020 and visited the facility where he had worked for several consecutive years in order to secure employment but the place had closed.
Recent history: In June of 2018 and June of 2019, Diana’s father moved from Salem, Oregon to Tacoma, Washington and engaged in qualifying work at a salmon cannery.