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COMAR 10.09.24.05

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State of Maryland Medical Assistance Manual Revised July 2012

A Cuban or Haitian entrant, as defined at 501(e) of the Refugee Education Assistance Act of 1980. An alien granted conditional entry under 203(a)(7) of the INA in effect before April 1, 1980. An alien who was lawfully admitted to the United States for permanent residence and was:

1. Receiving SSI benefits on August 22, 1996 and is lawfully residing in the United States; 2. An SSI recipient; 3. Lawfully residing in the United States on August 22, 1996 and is blind or disabled; 4. Admitted to the United States as an Amerasian immigrant under 584 of the Foreign Operation, Export Financing and Related Programs Appropriations Act of 1988; 5. The spouse of a Qualified Alien with qualifying quarters

A victim of a severe form of trafficking, in accordance with 107(b)(1) of the

Trafficking Victims Protection Act of 2000, who was subjected to:

1 .Involuntary servitude, 2. Sex trafficking if the act is induced by force, coercion, or the individual who was induced to perform the act was younger than 18 years old on the date that the visa application was filed

The following types of legal aliens are also not subject to the 5- year bar, regardless of their immigration category: 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); and An alien who is:

1.An honorably discharged veteran of the armed forces of the United States. 2.On active duty in the armed forces of the United States or 3.The spouse, including a surviving spouse who has not remarried, or an unmarried dependent child (younger than 21 years old) of an honorably discharged veteran or alien on active duty in the armed forces of the United States.

(c) Continuously Present An alien is not considered to be continuously present in the United States if, before the date of qualified alien status, the alien had: A single absence from the United States of more than 30 days or Absences from the United States totaling more than 90 days.