Page 19

14

or RE-9. This denotes entry as a refugee with subsequent adjustment to LPR status. Refer to Section 2402.20.15 concerning eligibility of refugees. Lawful Permanent Residents who were residing in the U.S. prior to 8/22/96 are eligible for full Medicaid coverage. However, LPRs who enter the U.S. on and after 8/22/96 are eligible for emergency coverage only for 5 years unless they are honorably discharged U.S. veterans or in active duty in the U.S. military. Further, spouses or dependent children of veterans or military personnel who die during active military duty can be eligible for full coverage (Refer to Section 2402.20.45). At the end of the 5-year period, LPRs can be eligible for full coverage.

2402.20.05.05 AMERICAN INDIANS BORN IN CANADA A North American Indian born in Canada may freely enter and reside in the U.S. and is lawfully admitted for permanent residence if he is of at least 50% American Indian blood. This does not include the spouse or child of such an Indian nor a non-citizen whose membership in an Indian tribe or family is created by adoption unless such person is of at least 50% American Indian blood. Sources of verification are: • Birth or baptismal record issued on a reservation • Tribal records • Letter from the Canadian Department of Indian Affairs • School records.

2402.20.10 CONDITIONAL ENTRANT REFUGEE Section 203(a)(7) of the Immigration and Nationality Act (INA) in effect before April 1, 1980, provides conditional entrant refugee status for persons who, because of persecution or fear of persecution on account of race, religion, or political opinion, have fled from a Communist or Communist-dominated country or from the area of the Middle East or who are refugees from natural catastrophes. (Section 203(a)(7) of the INA was replaced by Section 207 effective April 1, 1980.)

Individuals with this status can be eligible for full Medicaid coverage. (Note a person entering the U.S. on and after 8/22/96 will not be given this USCIS status, since it is no longer in effect.) Verification is established by viewing USCIS Form I-94, Arrival-Departure Record, bearing the stamped legend "Refugee - CONDITIONAL ENTRY" and citing the section of the INA under which they were admitted, or USCIS Form I688B annotated "274a.12(a)(3)" or I-766 annotated “A1”, “A3”.