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UPDATED: NOVEMBER 2009 626

OTHER ELIGIBILITY REQUIREMENTS CITZENSHIP AND IMMIGRATION STATUS QUALIFIED AIENS

BATTERED QUALIFIED ALIENS

• If the USCIS notifies the applicant that they have an immigration status that makes him/her a qualified alien the eligibility worker should accept the USCIS verification and proceed to determine whether the applicant satisfies the remaining program requirements. If the USCIS notifies the applicant that she/he does not have immigration status that makes him/her a qualified alien, the worker should notify the applicant of her appeal rights. If the applicant is a battered immigrant and the documentation provided does not appear on its face to be genuine or does not appear to relate to the person presenting it, the worker should contact the Immigration Court that is handling the case or the USCIS Vermont Service Center at 75 Lower Welden Street, Saint Albans, Vermont, 05479. THE FIVE YEAR BAN TO BENEFITS ACCESS: Battered immigrants who first entered the United States after 8/22/96 and become "qualified aliens" are not eligible to receive federal Medical Assistance benefits until they have attained five years in a qualified alien status. This is called the federal "five year bar." This bar applies to all immigrants who entered the United States after 8/22/96.

New York State covers “battered” qualified aliens with State only funds until the five-year ban expires. (MRG)