Eligibility Policy Manual

Transmittal #54

Subject: Transmittal 54 - Iraqi and Afghan Special Immigrant Status

Implementation Date: March 6, 2008

Effective December 26, 2007, Public Law 110-161, "The Consolidated Appropriations Act of 2008," granted Iraqi and Afghani aliens special immigrant status under section 101(a)(27) of the Immigration and Nationality Act (INA). Many of these individuals acted as interpreters for U.S. forces.

Individuals and their family members granted this special immigrant status are eligible for Medicaid and KidsCare the same as refugees, except that the time period for receiving services is limited as follows:

• Effective December 26, 2007, Afghan Special Immigrants are eligible for services for six months after the date the person entered the U.S. (not from the date of application).
• Effective January 28, 2008, Iraqi Special Immigrants are eligible for services for eight months after the date the person entered the U.S. (not from the date of application).

At the end of the six month (for Afghan Special Immigrants) or the eight month (for Iraqi Special Immigrants) time period, the individual is no longer eligible for full services. The Eligibility Specialist will need to set an alert to send an advance notice to close the case the end of the sixth month or eight month, whichever is applicable.

After the six- or eight-month period has ended, these immigrants revert to the status of Lawful Permanent Residents (LPR). As such, they are then subject to the five year waiting period for services other than Federal Emergency Services.

Afghan Special Immigrants who arrived before December 26, 2007, or Iraqi Special Immigrants who arrived before January 28, 2008, may apply for services, but their period of eligibility is based on their arrival date. There is no provision to provide benefits or services between the date of entry into the U.S. and the effective dates above provided by law or the actual date of application for benefits or services

The Eligibility Specialist will need to obtain verification of the individual's status and date of entry through appropriate documentation.

The manual is revised as follows to include information about Iraqi and Afghan Special Immigrants:

• MS 522.01.D, is revised to add the Iraqi and Afghan Special Immigrants to the classification list of Qualified Aliens.
• MS 522.02.E, formerly titled Documents of Non-Qualified Aliens, is now titled Documents That Prove Iraqi and Afghan Special Immigrant Status and provides a list of documents that verify both status and date of entry for Iraqi and Afghan Special Immigrants. A new MS 522.02.F now provides the documents of Non-Qualified Aliens.