Page 36
MISSISSIPPI DIVISION OF MEDICAID Eligibility Policy and Procedures Manual CHAPTER 102 – Non-Financial Requirements Page |36 Effective Date: June 2020 (1) AN ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE (LPR) - Under the Immigration and Nationality Act (INA); (2) A REFUGEE - Admitted under Section 207 of the INA; (3) AN ALIEN GRANTED ASYLUM - Under Section 208 of the INA; (4) A CUBAN AND HAITIAN ENTRANT - As defined in section 501(e) of the Refugee Education Assistance Act of 1980; (5) AN ALIEN GRANTED PAROLE FOR AT LEAST ONE YEAR - Under Section 212(d)(5) of the INA; (6) AN ALIEN WHOSE DEPORTATION IS BEING WITHHELD - Under (1) Section 243(h) of the INA as in effect prior to April 1, 1997; or (2) Section 241(b)(3) of the INA, as amended; (7) AN ALIEN GRANTED CONDITIONAL ENTRY - Under Section 203(a)(7) of the INA in effect before April 1, 1980; (8) A BATTERED ALIEN - Meeting the conditions set forth in the Violence Against Women Act of 2000, PL 106-386, codified at 8 U.S.C. §1641. The term “qualified alien” includes an alien who has been battered or subjected to extreme cruelty in the U.S. by a spouse or a parent or by a member of the spouse or parent’s family residing in the same household as the alien. In order to be considered a battered alien, the alien must be either: o The person battered, o The parent of a child who is battered, or o A child whose parent has been battered. The battered alien must not be residing in the same household with the person responsible for the battery or extreme cruelty. If the battered alien resumes living with the one who is responsible for the battery or extreme cruelty, the battered alien’s eligibility ends the month after the month of reconciliation. (9) A VICTIM OF A SEVERE FORM OF TRAFFICKING In accordance with Section 107(b)(1) of the Trafficking Victims Protection Act of 2000, PL 106-86. An alien who is a victim of a severe form of trafficking is eligible to the same extent as an alien who is admitted to the U.S. as a refugee under section 207 of the Immigration and Nationality Act. (10) AMERICAN INDIAN BORN IN CANADA - Under Section 289 of the INA. American Indians born in Canada who are at least one-half American Indian blood and have established and maintained residence in the US since entry are qualified