Page 7

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 7 ix. Ukrainian Humanitarian Parolees (UHPs) as defined in Section 401 of the Additional Ukraine Supplemental Appropriations Act, 2022; and x. Cuban or Haitian parolees admitted under 212(d)(5)(A) of the INA. c. Expiration of Seven-Year Eligibility Time Limit A non-citizen who is subject to the seven-year eligibility limit and does not have a change in immigration status or does not meet one of the exemptions listed in the following section will lose eligibility the first month after the seven-year anniversary date of entrance into the U.S. (or date that deportation was withheld under the INA (8 USC 1231 and 1253)). d. Continuing Eligibility After the Seven-Year Eligibility Time Limit A non-citizen who is subject to the seven-year eligibility time limit can remain eligible beyond the seven-year period if at the time of application or at any time during or after the seven-year period the USCIS determines that the non-citizen continues to be a qualified non-citizen and that she is one of the following: i. An LPR; or ii. An honorably discharged veteran, an active-duty member of the U.S. Armed Forces, or a spouse, an unmarried dependent child, or an unremarried surviving spouse of an honorably discharged veteran or active-duty member of the U.S. Armed Forces. e. Adjustment to LPR Status within Seven-Year Eligibility Period A qualified non-citizen subject to the seven-year eligibility time limit can adjust his status to LPR within the seven-year period. Non-citizens who adjust to LPR status within the seven-year period are not subject to the five-year bar and remain potentially eligible for benefits as an LPR beyond the seven-year period of eligibility. Note: A COFA migrant who adjusts to LPR status is r subject to the five-year bar and may be ineligible for benefits as an LPR, unless the individual meets another exception to the five-year period of ineligibility per CMS SHO #21-005. 7. Victims of Trafficking The Trafficking Victims Protection Act (TVPA) of 2000 allows victims of human trafficking and non-citizens classified as nonimmigrants under Section 101(a)(15)(T) of the INA who are physically present in the U.S. to receive federally funded benefits and services to the same extent as refugees. Victims of human trafficking are non-citizens who are eligible to receive a special visa and benefits once they are identified.