303.09 Eligibility for Certain Qualified Non-Citizens (MAM)

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Qualified non-citizens may be eligible for benefits on either an unrestricted or time-limited basis, depending on the type of qualified non-citizen status, or date of entry into the U.S.

Unless specifically mentioned in Section 303.11, Qualified Non-Citizens Eligible Without Restriction, or 303.13, Qualified Non-Citizens with Restricted Eligibility Based on Date of Entry into the U.S., consider the non-citizen 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 non-citizens, may still be eligible for up to 8 months of financial or medical assistance as if the individuals were admitted to the U.S. as refugees. See Section 303.11, Qualified Non-Citizens 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 financial and/or medical assistance, regardless of qualified non-citizen status. Canadian-born Indians must have at least 50% American Indian blood.

References: He-W 606.02, He-W 816.02, 42 CFR 435.406-407, 42 CFR 435.1008, 45 CFR 233.50, 8 USC 1611-1613, 8 USC 1641

Editorial Revisions Made: 04/2024