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TITLE 16 HEALTH AND SAFETY DELAWARE ADMINISTRATIVE CODE 12 f) an individual with a petition pending for 3 years or more, as permitted under section 101(a)(15)(V) of the INA 4. An alien in nonimmigrant status who has not violated the terms of the status under which he or she was admitted or to which he or she has changed after admission. 5. An alien who has been paroled into the U.S. pursuant to section 212(d)(5) of the INA for less than one year, except for an alien paroled for prosecution, for deferred inspection or pending removal proceedings. 6. Aliens who have been granted employment authorization under 8 CFR 274a.12(c)(9), (10), (16), (18), (20), (22), or (24). 7. Aliens currently in deferred action status. 8. A pending applicant for asylum under section 208(a) of the INA or for withholding of removal under section 241(b)(3) of the INA or under the Convention Against Torture who has been granted employment authorization, and such an applicant under the age of 14 who has had an application pending for at least 180 days. 9. An alien who has been granted withholding of removal under the Convention Against Torture. 10. A child who has a pending application for Special Immigrant Juvenile status as described in section 101(a)(27)(J) of the INA. 11. An alien who is lawfully present in the Commonwealth of the Northern Mariana Islands under 48 U.S.C. § 1806(e). 12. An alien who is lawfully present in American Samoa under the immigration laws of American Samoa. 13 DE Reg. 1540 (06/01/10) 14 DE Reg. 654 (01/01/11) 14320.1 Medicaid Eligibility for Legally Residing Nonqualified Aliens Legally residing nonqualified aliens may be eligible for emergency services and labor and delivery only. Legally residing nonqualified aliens are not eligible for any long term care Medicaid program. 13 DE Reg. 1540 (06/01/10) 14330 Illegally Residing Nonqualified Aliens The term nonqualified aliens also includes aliens who are illegally residing in the U.S. These aliens were never legally admitted to the U.S. for any period of time or were admitted for a limited period of time and did not leave the U.S. when the period of time expired. Aliens who are illegally residing in the U.S. do not have to provide a SSN. 13 DE Reg. 1540 (06/01/10) 14330.1 Medicaid Eligibility for Illegally Residing Nonqualified Aliens Illegally residing nonqualified aliens may be eligible for emergency services and labor and delivery only. Illegally residing nonqualified aliens are not eligible for any long term care Medicaid program. 13 DE Reg. 1540 (06/01/10) 14340 Ineligible Aliens [Repealed, effective October 11, 2019.] 13 DE Reg. 1540 (06/01/10) 23 DE Reg. 303 (10/01/19) 14340.1 Medicaid Eligibility for Certain Ineligible Aliens [Repealed, effective October 11, 2019.] 13 DE Reg. 1540 (06/01/10) 23 DE Reg. 303 (10/01/19)