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VIRGINIA DEPARTMENT OF SOCIAL SERVICES NONFINANCIAL ELIGIBILITY CRITERIA

10/24 VOLUME V, PART VII, PAGE 9

months will not affect the status if there is no intention of abandoning U.S. residency. Absences of periods of more than six months will be presumed to be an interruption unless the resident is able to show intent to resume U.S. residency. If there is an interruption in residency, the BPS must consider the amount of time in the U.S. before and after the interruption.

2. Veterans with honorable discharges for reasons not related to alien status and persons who are on active duty in the Armed Forces of the United States, other than training. To be an eligible veteran, one must have served a minimum of 24 months or the period for which the person was called to active duty. The term veteran includes military personnel who die during active duty served in the Philippine Commonwealth Army during World War II or as Philippine Scouts following the war.

The spouse or unmarried dependent child of a veteran or person on active duty is also eligible. The surviving spouse of a deceased veteran or of an individual who died while on active duty is also eligible. Eligibility of the surviving spouse is allowed provided the spouse has not remarried and that the marriage was for at least one year, or that they were married before the end of a 15-year period following the end of the period of military service in which the injury or disease was incurred or aggravated; or, that they were married for any period if a child was born of the marriage or was born before the marriage.

3. An individual who receives payments or assistance for blindness or disability, as defined in Definitions.

4. An individual lawfully residing in the U.S. on August 22, 1996 and who was born on or before August 22, 1931.

5. A child under 18 years of age lawfully residing in the U.S.

b. A qualified immigrant is one who is:

1. a lawful permanent resident;

2. a refugee admitted under INA Section 207;

3. a person granted asylum admitted under INA Section 208;

4. one whose deportation is being withheld under INA Section 243(h) or 241(b)(3);

5. a parolee admitted under INA Section 212(d)(5) and the status is granted for at least one year;

6. a conditional entrant admitted under INA Section 203 as in effect as of April 1, 1980;

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