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West Virginia Income Maintenance Manual Chapter 15
West Virginia Income Maintenance Manual Page 33 Chapter 15 Noncitizens, Refugees, and Citizenship
When determining U.S. citizenship, the U.S. is defined as it is in the Immigration and Nationality Act (INA). It includes the 50 states, the District of Columbia, Puerto Rico, Guam, U.S. Virgin Islands, and the Northern Mariana Islands. Nationals from American Samoa or Swains Island are also regarded as U.S. citizens. 15.3.2.B Noncitizens Eligibility for noncitizens is based on whether the noncitizen is a qualified or non-qualified noncitizen, regardless of whether the noncitizen entered the U.S. on or after August 22, 1996 (the date of enactment of P.L. 104-193). However, the list of statuses considered to be “qualified” has been revised to reflect policy changes due to the implementation of the HR-1, One Big Beautiful Bill Act made effective July 4th, 2025. The previous categories of lawful permanent residents and noncitizens with Permanent Residence Under Color of Law (PRUCOL) no longer apply. The term “qualified noncitizen” includes, but is not limited to, noncitizens who are lawfully admitted for permanent residence in the U.S. under the INA; Cuban or Haitian Entrants; Amerasian immigrants and Compact of Free Association (COFA) Migrants. See Section 15.7 for extended definition. 15.3.2.C American Indian Born in Canada American Indians born in Canada living in the United States (U.S.) under §289 of the Immigration and Nationality Act (INA) or alien members of a federally recognized Indian tribe under§4(e) of the Indian Self-Determination and Education Assistance Act. See Section 15.7.5, Medicaid. The following documents can be used for proof of an American Indian bloodline: • Birth or baptismal certificate issued on a reservation • Tribal records • Letter from the Canadian Department of Indian Affairs Note: Although the islands included in the Compact of Free Association ( COFA), Marshall Islands, Micronesia, & Palau, are not considered acquired U.S. territories, they currently remain status eligible for all benefits, even with non-immigrant status, as verified in SAVE.