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Chapter: 1400 Technical Requirements Program: MFAM 8 Note: If the USCIS document does not reflect at least a one-year period, the eligibility specialist must institute secondary verification.

Note: These individuals are subject to the five-year ban if the entry date is after 8/22/96 except lawfully residing children up to age 19. 1430.0111 Deportation Withheld (MFAM) A noncitizen whose deportation has been withheld pursuant to Section 243(h) or 241(b)3 of the Immigration and Nationality Act (INA) may be eligible for Medicaid on the factor of noncitizen status.

Verification of this status includes:

1. an order from an immigration judge showing that deportation has been withheld under Section 243(h) of the INA as in effect prior to April 1, 1977, or removal withheld under 241(b)(3). 2. USCIS Form I-766 (Employment Authorization Card) annotated A-10. 3. USCIS Form I-688B (Employment Authorization Card) annotated 274a.12.(a)(10).

The court will include the date deportation was withheld. If the applicant does not present a court order, do secondary verification.

Note: These individuals are not subject to the five-year ban. 1430.0112 Cuban/Haitian Entrants (MFAM) Cuban/Haitian Entrants as defined in Section 501(e) of the Refugee Education Assistance Act of 1980 any national of Cuba or Haiti who:

1. was granted parole status as a Cuban/Haitian Entrant (status pending) or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided; or

2. any other national of Cuba or Haiti who:

a. was paroled into the United States and has not acquired any other status under the Immigration and Nationality Act (INA); b. is the subject of exclusion or deportation proceedings under the INA; c. has an application for asylum pending with the USCIS, and with respect to whom a final, non-appealable, and legally enforceable order of deportation or exclusion has not been entered; or d. has special immigrant juvenile status.

Verification for this status includes:

1. USCIS Form I-94, stamped paroled as "Cuban/Haitian Entrant, Status Pending" 2. I-55I with code CU6 or CH6, 3. unexpired temporary I-55I stamp in foreign passport 4. USCIS Form I-94 with code CU6 or CH6, or 5. other conclusive documentation of this status.

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