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Chapter: 1450 Technical Requirements Program: CIC 5

An unmarried dependent child is defined as:

1. the biological or legally adopted dependent child of an honorably discharged veteran or an active duty member of the U.S. Armed Forces, 2. not married, and 3. under the age of 18 or under the age of 22 if a full-time student.

An un-remarried noncitizen surviving spouse may also be eligible when the:

1. veteran spouse was a Filipino described in Section 107 of Title 38, U.S. Code. (individuals who served in the Philippine Commonwealth Army during World War II or as a Philippine Scout following the war); or 2. spouse died while on active duty, provided the surviving spouse has not remarried and the marriage fulfills the requirements of Section 1304 of Title 38, U.S. Code.

Section 1304 defines marriage as having met one of the following conditions:

1. The surviving spouse was married to the veteran or active duty military personnel within 15 years after discharge in which the injury or disease leading to the death of the veteran or active duty personnel was incurred or aggravated (not a factor if the individual died while on active duty) and was married for a period of at least one year. or 2. A child was born during the relationship between the individual and the veteran or active duty military personnel either during or before the marriage.

Note: These individuals are not subject to the five-year ban. 1450.0106.02 Amerasians (CIC) Amerasians born in Vietnam fathered by a U.S. citizen and admitted to the U.S. as immigrants under Section 584 of the Foreign Operations, Export Financing and Related Programs Appropriations Act of 1988 are eligible for Medicaid, on the factor of citizenship.

Proof of this status includes unexpired temporary USCIS Form I-551 with code AM6, AM7, or AM8, or USCIS Form I-94 with codes AM1, AM2, or AM3.

Note: These individuals are not subject to the five-year ban. 1450.0107 Asylees (CIC) Noncitizens granted asylum under Section 208 have received permission to remain in the U.S. based on a “well-founded fear of persecution” should the individual return to the individual’s native land may be considered for asylum. A prospective asylee applies for asylum after entering the U.S., a U.S. territory or a U.S. embassy.

Proof of this status includes:

1. USCIS Form I-94 showing grant of asylum under Section 208, 2. USCIS Form I-688B (Employment Authorization Card) annotated 274a.12(a)(5), 3. USCIS Form I-766 (Employment Authorization Card) annotated A5, 4. grant of asylum letter from the Asylum Office of the USCIS indicating this status is granted, 5. order of an immigration judge granting asylum, or 6. other conclusive documentation of this status.

Note: These individuals are not subject to the five-year ban.