Exceptions to the 5 year Ineligibility Period

The five year disqualification period for Medical Assistance does not apply to the following qualified aliens:

1. Someone who has lawfully resided as a qualifying immigrant in the U.S. for five years OR
2. An individual who is a lawful permanent resident with 40 qualifying quarters of Social Security coverage OR
3. An alien who is admitted as a refugee under section 207 of the Immigration and Nationality Act OR
4. An alien who is granted asylum under section 208 of the Immigration and Nationality Act OR
5. An alien whose deportation is being withheld under section 243(h) or 241(b) (3) of the Immigration and Nationality Act OR
6. An alien granted status as a Cuban and Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980 OR
7. An alien admitted as an Amerasian immigrant under the provision of Public Law 100-202 OR
8. An American Indian born in Canada who is at least one-half American Indian as per section 289 of the Immigration and Naturalization Act OR
9. A qualified alien who is a veteran with an honorable discharge from the Armed Forces of the United States OR
10. A qualified alien who is the spouse of an honorably discharged veteran OR
11. A qualified alien who is a surviving spouse (who has not remarried) of an honorably discharged veteran OR
12. A qualified alien who is an unmarried dependent child of an honorably discharged veteran OR
13. A qualified alien who is a Hmong or Highland Laotian who has been lawfully admitted to the United States for permanent residence, and who fought on behalf of the United States during the Vietnam conflict OR
14. A qualified alien who is the spouse of a Hmong or Highland Laotian who fought on behalf of the United States during the Vietnam conflict OR
15. A qualified alien who is a surviving spouse (who has not remarried) of a Hmong or Highland Laotian who fought on behalf of the United States during the Vietnam conflict OR
16. A qualified alien who is an unmarried dependent child of a Hmong or Highland Laotian who fought on behalf of the United States during the Vietnam conflict OR
17. A qualified alien lawfully residing in the State who is on active duty in the United States military OR
18. A qualified alien who is the spouse of an individual on active duty in the United States military OR
19. A qualified alien who is an unmarried dependent child of an individual on active duty in the United States military OR
20. Victims of a severe form of trafficking, in accordance with Section 107(b)(1) of the Trafficking Victims Protection Act of 2000, Public Law 106-386