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Manual Title Chapter Page Revision Date Virginia Medical Assistance Eligibility M02 January 2022 Subchapter Subject Page ending with Page M0220.000 CITIZENSHIP & ALIEN REQUIREMENTS M0220.311 12

• the alien child resides in the same household as a parent who has been battered or subjected to extreme cruelty while in the U.S. by that parent’s spouse, or by a member of the spouse’s family residing in the same household as the parent and the spouse consented or acquiesced to such battery or cruelty. b. the agency providing benefits determines (according to the guidelines to be issued by the U.S. Attorney General) that there is a substantial connection between the battery or cruelty and the need for benefits; and c. the alien has a petition approved by or pending with USCIS for one of the following: • status as an immediate relative (spouse or child) of a U.S. citizen; • classification changed to immigrant; • status as the spouse or child of a lawful permanent resident alien (LPR); or • suspension of deportation and adjustment to LPR status based on battery or extreme cruelty by a spouse or parent who is a U.S. citizen or LPR alien. 9. Afghan or Iraqi Special Immigrant an alien who is lawfully admitted into the U.S. on a Special Immigrant Visa (SIV) for permanent residency or an Afghan special immigrant who meets the criteria in M0220, Appendix 4;. Aliens in this group include the principal SIV holder, his spouse, and his children under age 21 living in the home. Afghan and Iraqi Special Immigrants will have either (1) a Form I-551 or (2) a passport or I-94 form indicating categories SI1, SI2, SI3, SQ1, SQ2, or SQ3 and bearing the Department of Homeland Security stamp or notation. Other qualified Afghan special immigrants will have one of the documents listed in M0220, Appendix 4. 10. Victims of Trafficking an alien who has been granted nonimmigrant status under section 101(a)(15)(T) or who has a pending application that sets forth a prima facie (has sufficient evidence) case for eligibility for such status. M0220.311 VETERAN & ACTIVE DUTY MILITARY ALIENS

A. Veterans or Active Duty Military Aliens An alien lawfully residing in the state (not here illegally) is always eligible for full Medicaid benefits (if he/she meets all other Medicaid eligibility requirements) regardless of the date of entry into the U. S., if he or she meets one of the following conditions: 1. he/she is a qualified alien and is a veteran discharged honorably not on account of alienage, and who fulfills the minimum active-duty service requirements of section 5303A(d) of title 38, United States Code; 2. he/she is a qualified alien and is on active duty (other than active duty for training) in the Armed Forces of the United States (not in the Armed Forces Reserves), 3. he/she is the a) spouse or the unmarried dependent child of a living (not deceased) qualified alien who meets the conditions of 1. or 2. above, or