IMA POLICY MANUAL PART IV: NON-FINANCIAL ELIGIBILITY REQUIREMENTS
Exceptions 7.3.1
ALL
There are three exceptions to the requirement that an immigrant be qualified in order to be eligible for benefits.
Native American Exception: American Indians born in Canada and certain other tribal members born outside the U.S. are eligible for FS, Medicaid, and SSI even if they do not otherwise meet the criteria to be a 'qualified' immigrant. If they do not otherwise meet the definition of 'qualified,' they are not eligible for TANF or GC.
Hmong and Laotian Exception: This exception only affects FS eligibility. Some lawfully present immigrants who would otherwise be ineligible for FS are eligible if they were a member of a Hmong or Laotian tribe when the tribe rendered assistance to U.S. military personnel during the Vietnam era. The spouse, unmarried dependent child, and the surviving spouse (who has not remarried) of such an immigrant also are eligible for FS. To be eligible for FS under this exception, the immigrant must be lawfully present but does not have to meet the 'qualified' criteria.
Non-Qualified Immigrants Who Were Receiving SSI on August 22, 1996: Non-qualified immigrants who were receiving SSI on August 22, 1996 are eligible for SSI. If they receive SSI, they are also eligible for Medicaid.
Lawfully Present but Not Qualified Aliens 7.3.2
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As noted, many aliens in the United States lawfully are not considered 'qualified.' Examples of such lawfully present immigrants include:
immigrants paroled into the country for less than one year,
those who hold 'temporary resident status,
immigrants granted 'temporary protected status,
family unity beneficiary under IRCA amnesty program,
immigrant granted Deferred Enforced Departure or Deferred Action Status,
immigrant who is the spouse or child of a U.S. citizen who has a pending application for adjustment of status, and
applicant for asylum or cancellation of removal who has been granted employment authorization.
ELIGIBILITY FOR BENEFITS 7.4
ALL
Some groups of qualified immigrants are ineligible for some or all Department-administered assistance programs. The following program-specific tables describe the groups of qualified immigrants eligible for FS, TANF, GC, IDA, and MA (see Section 7.4.2: Eligibility Charts in this Chapter). In addition, a chart showing the immigrant-eligibility rules for SSI is also included even though the Department does not administer this program.
When determining whether an immigrant meets the immigration-related criteria for various programs, it is important to note that an immigrant may fit into more than one immigration status for purposes of benefit determination. The immigrant is eligible if any one of his/her immigration categories is one for which benefits are provided.
Example
Mr. Soto entered the country as a refugee three years ago and has converted to LPR status (most refugees and asylees convert to LPR status within two years of entering the country). Mr. Soto would be eligible for FS based on having entered as a refugee within the last seven years, even though he would not be eligible for FS based on being an LPR.
