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'Withholding of Deportation') Parolee for a year or more Person who has been paroled into the U.S. for at least one year Cuban and Haitian Entrant Person paroled into the U.S. as a Cuban or Haitian Entrant or any other national from Cuba or Haiti who is the subject of exclusion or removal proceedings or who has an application for asylum pending Domestic Violence Victims and their parents or children Regardless of the individual’s immigration status, a victim of domestic violence or his/her parent or child is ‘qualified’ if: • immigrant has been battered or subjected to extreme cruelty, or immigrant’s child or parent has been battered, by a spouse, parent, or member of the household; • immigrant has a pending or approved spousal petition or a petition pending for relief under the Violence Against Women Act; • immigrant's need for assistance has a substantial connection to the battery or cruelty; and • immigrant does not currently live with the abuser. Victim of a Severe Form of Trafficking in Persons Regardless of the individual’s immigration status, an immigrant is considered ‘qualified” if designated by the Office of Refugee Resettlement as a victim of a severe form of trafficking in persons.

Exceptions 7.3.1 ALL There are three exceptions to the requirement that an immigrant be qualified in order to be eligible for benefits. Native American Exception: American Indians born in Canada and certain other tribal members born outside the U.S. are eligible for FS, Medicaid, and SSI even if they do not otherwise meet the criteria to be a 'qualified' immigrant. If they do not otherwise meet the definition of 'qualified,' they are not eligible for TANF or GC. Hmong and Laotian Exception: This exception only affects FS eligibility. Some lawfully present immigrants who would otherwise be ineligible for FS are eligible if they were a member of a Hmong or Laotian tribe when the tribe rendered assistance to U.S. military personnel during the Vietnam era. The spouse, unmarried dependent child, and the surviving spouse (who has not remarried) of such an immigrant also are eligible for FS. To be eligible for FS under this exception, the immigrant must be lawfully present but does not have to meet the 'qualified' criteria. Non-Qualified Immigrants Who Were Receiving SSI on August 22, 1996: Non-qualified immigrants who were receiving SSI on August 22, 1996 are eligible for SSI. If they receive SSI, they are also eligible for Medicaid Lawfully Present but Not Qualified Aliens 7.3.2 ALL As noted, many aliens in the United States lawfully are not considered 'qualified.' Examples of such lawfully present immigrants include: immigrants paroled into the country for less than one year, those who hold temporary resident status, immigrants granted temporary protected status, family unity beneficiary under IRCA amnesty program, immigrant granted Deferred Enforced Departure or Deferred Action Status, immigrant who is the spouse or child of a U.S. citizen who has a pending application for