303.09 Eligibility for Certain Qualified Aliens (MAM)

SR 13-36 Dated 11/13

Previous Policy

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

Unless specifically mentioned in Section 303.11, Qualified Aliens Eligible Without Restriction, or 303.13, Qualified Aliens 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 alien, 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 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 financial and/or medical assistance, regardless of qualified alien status. Canadian-born Indians must have at least 50% American Indian blood.

References: He-W 606.02, He-W 616.02, 42 CFR 435.406-407, 42 CFR 435.1008, 45 CFR 233.50, 8 USC 1611-1613, 8 USC 1641