23 Miss. Code. R. 102-3.23 - Battered Aliens

A. Battered aliens were not initially included in PRWORAs definition of qualified aliens. In passing Section 501 IIRIRA, Congress added a new Section 4319(c), which provides that the term qualified alien shall include such immigrants.

1. The alien must be either the person battered, the parent of a child who is battered or a child whose parent has been battered.

2. The battered alien must not be residing in the same household with the person responsible for battery or extreme cruelty. If the battered alien resumes living with the one who is responsible for the battery or extreme cruelty, the battered aliens eligibility will end the month after the month of reconciliation.

3. The alien must be the beneficiary of a petition for immediate relative status; classification to immigrant status based on relationship to a lawful permanent resident alien; or suspension of deportation and adjustment to lawful permanent resident status.

4. The alien must also be able to show a substantial connection between the battery or extreme cruelty and the aliens need for Medicaid.

B. This may include such reasons as Medicaid is needed to obtain medical attention or mental health counseling caused by abuse, to replace medical coverage and/or health services lost when the individual separated from the abuser, to enable the individual to become self-sufficient following separation from the abuser or to provide medical care during a pregnancy resulting from the abusers sexual assault or abuse of, or relationship with, the individual.

Notes

23 Miss. Code. R. 102-3.23

8 USC § 1641.