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Aged, Blind, and Disabled Policy Manual Number: 100.015 Section: Non-Financial Eligibility Requirements Chapter: ABD Qualified Non-Citizens

August 1, 2024 Division of TennCare 5 A non-citizen granted parole for at least one year is considered a qualified non-citizen from the date he is granted parole. For non-citizens paroled in the U.S. for at least one year, the five-year period of ineligibility begins on the first day of the parole period. Qualified non-citizens who are subject to the five-year bar are eligible to receive EMS and CoverKids Pregnant Woman during their period of ineligibility, if otherwise eligible. b. Non-Citizens Exempt from the Five-Year Period of Ineligibility The five-year period of ineligibility does not apply to the following qualified non-citizens: i. Non-citizens who are victims of a severe form of trafficking or who have been granted nonimmigrant status under Section 101(a)(15)(T) of the INA or who have a pending application that sets forth a prima facie case for such nonimmigrant status; ii. LPRs who first entered the country under another exempt category (i.e., as a refugee, asylee, Cuban or Haitian entrant, trafficking victim, or non-citizen whose deportation is being withheld and who later converted to LPR status); iii. Non-citizens who are: 1. Honorably discharged veterans; 2. On active duty in the U.S. military; or 3. The spouses, the unmarried dependent children, or the unremarried surviving spouses of honorably discharged veterans or individuals on active duty in the U.S. military; iv. Members of a federally-recognized Indian tribe; v. American Indians born in Canada to whom the INA (8 USC 1359) applies; vi. Non-citizens granted a specific humanitarian entrance status by the USCIS (8 U.S.C. 1612), including: 1. Refugees and asylees; 2. Cuban and Haitian entrants; 3. Non-citizens whose deportation is being withheld; 4. Amerasian immigrants; and 5. Afghan and Iraqi non-citizens;. vii. Non-citizens who lawfully reside in the U.S. in accordance with the COFA between the Government of the United States and the Governments of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau and whose immigration status is currently COFA Migrant. Once a COFA Migrant adjusts to an LPR status, the five-year period of ineligibility applies, unless the individual meets another exception to the five-year period of ineligibility; viii. Afghan individuals paroled into the United States between July 31, 2021 to September 30, 2022 are considered Qualified Non-Citizens to the same extent as refugees under section 207 of the Immigration and Nationality Act (8 U.S.C. 1157). They are exempt from the five-year period of ineligibility. Afghan Parolees are considered Qualified Non-Citizens until March 31, 2023 or until the end of their parole term, whichever is later. Individuals who are paroled after September 30, 2022 must either be the parent, legal guardian, spouse