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Manual Title Chapter Page Revision Date Virginia Medical Assistance Eligibility M02 July 2008 Subchapter Subject Page ending with Page M0220.000 CITIZENSHIP & ALIEN REQUIREMENTS M0220.310 11

• is subject to USCIS exclusion or deportation proceedings, unless a final order of deportation or exclusion has been issued. a. Humanitarian, Public Interest, Application for Asylum To meet the humanitarian, public interest or application for asylum status, the Cuban or Haitian entrant must be from Cuba or Haiti and must have an I-94 with one or more of the following notations: • humanitarian parole; • public interest parole; • section 212(d)(5); • parole; or • Form I-589 filed. Contact USCIS if there is reason to believe that a final order of exclusion or deportation has been issued. b. Subject to Exclusion or Deportation To be subject to exclusion or deportation proceedings, the Cuban or Haitian entrant must be from Cuba or Haiti and must have letters or notices which indicate ongoing exclusion or deportation proceedings that apply to the individual. Contact USCIS if there is reason to believe that a final order of exclusion or deportation has been issued. 8. Battered Alien an alien, and/or an alien parent of battered children and/or an alien child of a battered parent who is battered or subjected to extreme cruelty while in the U.S. who meets the following requirements: a. the perpetrator is a spouse, parent or other household member of the spouse or parent’s family who was residing in the home at the time of the incident but is no longer in the home. The alien must not now be residing in the same household as the individual responsible for the battery or extreme cruelty, and • the alien was battered or subjected to extreme cruelty while 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, and the spouse or parent consented to or acquiesced in such battery or cruelty; • the alien’s child was battered or subjected to extreme cruelty while in the U.S. by a spouse or a parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse or parent’s family residing in the same household as the alien, and the spouse or parent consented or acquiesced to such battery or cruelty and the alien did not actively participate in such battery or cruelty; or