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COMAR 10.09.24.05

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State of Maryland Medical Assistance Manual Revised July 2012

b. The 5- year bar to federal benefits also applies to qualified aliens who most recently entered the United States before August 22, 1996 but who were not continuously present since then in the United States and whose current immigration category). Then, the 5-year bar is applied to either their U.S. entry date as a qualified alien or their effective date of qualified alien status. The following types of qualified aliens are subject to the 5-year bar for federal benefits, if condition (a) or (b) above is met: An alien who was lawfully admitted to the United States for permanent residence or

whose immigration status was changed to that of a lawful permanent resident, in

accordance with the INA An alien granted parole for at least one year under §212(d)(5) of the INA and A documented or undocumented immigrant who has been battered or subjected to

extreme cruelty by the individual’s citizen or lawful permanent resident spouse or parent,

or by a member of the spouse’s or parent’s family residing in the same household as the

immigrant, if:

1. The spouse or apartment consented to, or acquiesced in, the battery or cruelty. 2. The abusive act or acts occurred in the United Sates. 3. The individual responsible for the battery or cruelty no longer lives in the same household as the victim. 4. A Violence Against Women Act immigration case or a family based visa petition has been filed and 5. There is a substantial connection between the battery or cruelty and the need for Medical Assistance benefits.

(b) Aliens NOT Subject to the 5-Year Bar The following types of qualified aliens are not subject to the 5- year bar for federal benefits, even if they were not a qualified alien when they entered the U.S. (e.g., entered as a temporary visitor before August 22,1996 and status was later changed to a legal permanent resident): A qualified alien who most recently entered the United States prior to August 22, 1996, and who has been continuously present since then; An alien who most recently entered the U.S. in an immigration status listed below that is exempt from the 5-year bar (e.g., an asylee) and later converted to an immigration status listed above that is subject to the 5-year bare (e.g., legal permanent resident). An alien granted asylum under §208 of the INA. A refugee admitted into the United States under §207 of the INA A child receiving federal payments for foster care or adoption assistance under Part B or E of title IV of the Social Security Act, if the child’s foster or adoptive parent is considered a citizen or qualified alien (note for E-track eligibility). An alien whose deportation is being withheld under 243(h) of the INA in effect prior to April 1, 1997 or 241(b)(3) of the INA as amended.