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Manual Title Chapter Page Revision Date Virginia Medical Assistance Eligibility M02 July 2022 Subchapter Subject Page ending with Page M0220.000 CITIZENSHIP & ALIEN REQUIREMENTS M0220.411 18 M0220.411 UNQUALIFIED ALIENS

A. Unqualified Aliens Aliens who do not meet the qualified alien definition M0220.310 above and who are NOT lawfully residing non-citizen children under age 19 or pregnant women per M0220.314 above are “unqualified” aliens. Unqualified aliens, with the exception of pregnant women who are eligible for FAMIS Prenatal Coverage, are eligible for emergency services only if they meet all other Medicaid eligibility requirements. Unqualified aliens include illegal and non-immigrant aliens. For a pregnant woman who is not lawfully residing in the U.S. per M0220.314, use Chapter M23 to evaluate her eligibility for FAMIS Prenatal Coverage. If she is not eligible for FAMIS Prenatal Coverage, evaluate her eligibility for the coverage of emergency services using M0220.400 and M220.600 D. B. Illegal aliens Illegal aliens were never legally admitted to the U.S. or were legally admitted for a limited period of time and did not leave when that period expired. If an alien remains in the U.S. after his visa expires, he becomes an illegal alien. C. Non-immigrant Aliens Aliens who are lawfully admitted to the U.S. for a temporary or limited period of time, and the limited period has not expired, are non-immigrant aliens. Regardless of the individual’s immigration status, accept declaration of Virginia residency on the application as verification of residency unless the individual resides on the grounds of a foreign embassy. Do NOT require individuals who have been admitted into the U.S. on non-immigrant visas to sign a statement of intended residency. Non-immigrants have the following types of USCIS documentation: • Form I-94 Arrival-Departure Record, • Form I-185 Canadian Border Crossing Card, • Form I-186 Mexican Border Crossing Card, • Form SW-434 Mexican Border Visitor's Permit, • Form I-95A Crewman's Landing Permit. Note: If the alien remains in the U.S. after the limited time period (visa) is over, he becomes an illegal alien. Non-immigrants include: 1. Visitors visitors for business or pleasure, including exchange visitors; 2. Foreign Government Representative foreign government representatives on official business and their families and servants. Note: if the foreign government representative resides on the grounds of a foreign embassy, he does not meet the Virginia residency requirement; 3. Travel Status aliens in travel status while traveling directly through the U.S.; 4. Crewmen Crewmen on shore leave; 5. Treaty Traders treaty traders and investors and their families; 6. Travel Status aliens in travel status while traveling directly through the U.S.;