305.11 Eligibility for Certain Qualified Aliens (FAM)

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Qualified aliens may be eligible for benefits on either an unrestricted or time-limited basis, depending on qualified alien status, date of entry into the U.S., and type of benefit requested.

Unless specifically mentioned in Section 305.13, Qualified Aliens Eligible Without Restriction, or 305.17, Qualified Aliens with Restricted Eligibility Based on Date of Entry into the U.S., consider the qualified alien to be ineligible.

Exceptions:

·         Victims of Trafficking: Non-citizens who have been certified as a victim of trafficking by the Office of Refugee Resettlement (ORR), and who do not meet the definition of qualified alien, may still be eligible for up to 12 months of benefits and services under any State or Federal Program as if the individuals were admitted to the U.S. as refugees. See Section 305.13, Qualified Aliens Eligible Without Restriction, for a description of the eligibility status of refugees. Certified victims of trafficking must meet all other eligibility criteria for a program of assistance in order to receive benefits.

·         Native Americans: Native Americans who are members of an Indian tribe as defined in section 4(e) of the Indian Self-determination and Education Assistance Act, 25 USC 450(e), or were born in Canada and are covered under the provisions of section 289 of the Immigration and Nationality Act, 8 USC 1359, are eligible for medical assistance, regardless of qualified alien status. Canadian-born Indians must have at least 50% American Indian blood.

References: He-W 601.01; He-W 601.05; He-W 606.02; He-W 616.02; 8 CFR 1.2; 8 CFR 101.1; 8 CFR 215.1(a); 45 CFR 233.50; 42 USC 1320b-7(d); 8 USC 1158; 8 USC 1255; 8 USC 1611-1613; 8 USC 1641