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Chapter: 1400 Technical Requirements Program: MSSI, SFP 30 4. a letter or other tribal document certifying at least 50% American Indian blood, as required by Immigration and Nationality Act section 289, combined with a birth certificate or other satisfactory evidence of birth in Canada.

Verification of membership in an Indian tribe includes a membership card or other tribal document demonstrating membership in a federally recognized Indian tribe.

If the individual has no document evidencing tribal membership, contact the tribal government for confirmation of the individual’s membership.

Note: These individuals are not subject to the five-year ban. 1440.0105 Qualified Noncitizens (MSSI, SFP) Qualified noncitizens are defined as noncitizens who meet at least one of the following sections of the Immigration and Nationality Act (INA):

1. Lawful Permanent Residents; 2. Granted Asylum under section 208; 3. Refugee admitted under section 207; 4. Parolee under section 212(d)(5) admitted for at least 1 year; 5. Deportation withheld under section 243(h) or 241(b)(3); 6. Granted Conditional Entry pursuant to section 203(a)(7); 7. Cuban and Haitian Entrants; 8. Battered Spouse or Abused Child or the parent or child of a Battered person; and 9. Victims of Human Trafficking 1440.0106 Lawful Permanent Resident (MSSI, SFP) A lawful permanent resident (LPR) is a noncitizen who lawfully immigrates to the U.S. and has permission to live and work in the U.S. LPRs may be eligible for Medicaid based on citizenship if they entered the U.S.:

1. prior to 8/22/96 and have remained continuously present, 2. on or after 8/22/96 under a prior asylee, refugee, Amerasian, deportation withheld, or Cuban/Haitian Entrant status, or 3. on or after 8/22/96 and have lived in the U.S. as a qualified noncitizen for at least five years.

Proof of this status includes:

1. resident alien card, (I-551)(commonly referred to as a "green card"); 2. re-entry permit (I-327), or 3. foreign passport with a stamp stating "temporary evidence of lawful permanent resident status".

Note: LPRs who entered after 8/22/96 are subject to the five-year ban, except lawfully residing children up to age 19.

LPRs who are in the five-year ban may be eligible for Emergency Medicaid for Aliens, (EMA). 1440.0106.01 Noncitizens Serving in the United States Armed Forces (MSSI, SFP) Noncitizens serving in the United States Armed Forces (Army, Air Force, Navy, Marines, or Coast Guard) on active duty for purposes other than training, noncitizen veterans honorably discharged from the United States Armed Forces for reasons other than noncitizen status, who have met the minimum active duty service requirements of Section 5303A(d) of Title 38, United States Code