Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart C - Eligibility Requirements › Chapter 150 - CITIZENSHIP AND ALIENAGE PROVISIONS FOR CATEGORICALLY NEEDY NMP-MA AND MNO-MA › Subchapter A - GENERAL PROVISIONS FOR MA CITIZENSHIP AND ALIENAGE › GENERAL POLICY PROVISIONS › Section 150.1 - General policy for MA citizenship and alienage

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An applicant for MA shall declare in
						writing, under penalty of perjury, that the applicant is a citizen or a
						national of the United States or an alien in satisfactory immigration status as
						defined in §
												150.2 (relating to definitions),
						and submit supporting verification as specified in §
												150.31 (relating to verification
						of alien status). An applicant who is unable to meet the declaration
						requirements in this subsection may be eligible to receive MA under subsection
						(c).
(b) The MA citizenship and
						alienage requirements for the applicable MA Program are met if a person is:
(1) A citizen of the United States including
						a child born to an alien in the United States.
(2) An alien lawfully admitted for permanent
						residence in the United States, including an American Indian born in Canada who
						has at least 1/2 Native American blood and has maintained a residence in the
						United States since entering the United States.
(3) An alien who is PRUCOL. These aliens
						include:
(i) Aliens admitted to the United
						States under section 203(a)(7) of the INA (8 U.S.C.A. §
															1153(a)(7)) (See
						42 CFR
						435.408(b)(1) (relating to
						categories of aliens who are permanently residing in the United States under
						color of law)).
(ii) Aliens,
						including Cuban/Haitian entrants, paroled in the United States under section
						212(d)(5) of the INA (8
						U.S.C.A. §
															1182(d)(5))
						(See 42 CFR
						435.408(b)(2)).
(iii) Aliens residing in the United States
						under an indefinite stay of deportation (See
						42 CFR
						435.408(b)(3)).
(iv) Aliens residing in the United States
						under an indefinite voluntary departure (See
						42 CFR
						435.408(b)(4)).
(v) Aliens on whose behalf an immediate
						relative petition has been approved and their families covered by the petition
						who are entitled to voluntary departure under
						8 CFR
						242.5(a)(2)(vi) (relating to
						voluntary departure prior to commencement of hearing) and whose departure INS
						does not contemplate enforcing (See
						42 CFR
						435.408(b)(5)).
(vi) Aliens who have filed applications for
						adjustment of status under section 245 of the INA (8 U.S.C.A. §
															1255) that the INS has accepted as "properly
						filed" within the meaning of 8 CFR 245.2(a)(1) or
						(2) (relating to application) and whose
						departure the INS does not contemplate enforcing (See
						42 CFR
						435.408(b)(6)).
(vii) Aliens granted stays of deportation by
						court order, statute or regulation, or by individual determination by the INS
						under section 106 of the INA (8 U.S.C.A. §
															1105a) or
						relevant INS instructions, whose departure that agency does not contemplate
						enforcing (See 42 CFR
						435.408(b)(7)).
(viii) Aliens granted asylum under section
						208 of the INA (8 U.S.C.A.
						§
															1158) (See
						42 CFR
						435.408(b)(8)).
(ix) Aliens admitted as refugees under
						section 207 of the INA (8
						U.S.C.A. §
															1157) or section 203(a)(7) of
						the INA (See 42 CFR
						435.408(b)(9)).
(x) Aliens granted voluntary departure under
						section 242(b) of the INA (8
						U.S.C.A. §
															1252(b)) or
						8 CFR
						242.5 whose departure the INS does not
						contemplate enforcing (See 42 CFR
						435.408(b)(10)).
(xi) Aliens granted deferred action status
						under the INS Operations Instruction 103.1(a)(ii) prior to June 15, 1984, or
						8 CFR
						242.1(a)(22) (relating to
						order to show cause and notice of hearing) issued June 15, 1984, and later (See
						42 CFR
						435.408(b)(11)).
(xii) Aliens residing in the United States
						under orders of supervision under section 242 of the INA (See
						42 CFR
						435.408(b)(12)).
(xiii) Aliens who have entered and
						continuously resided in the United States since before January 1, 1992, or any
						date established by section 249 of the INA (8 U.S.C.A. §
															1259) (See
						42 CFR
						435.408(b)(13)).
(xiv) Aliens granted suspension of
						deportation under section 244 of the INA (8 U.S.C.A. §
															1254) and whose departure the INS does not
						contemplate enforcing (See 42 CFR
						435.408(b)(14)).
(xv) Aliens whose deportation has been
						withheld under section 243(h) of the INA (8 U.S.C.A. §
															1253(h)) (See
						42 CFR
						435.408(b)(15)).
(xvi) Other aliens living in the United
						States with the knowledge and permission of the INS and whose departure that
						agency does not contemplate enforcing including permanent nonimmigrants as
						established by the Compact of Free Association Act of 1985 (48 U.S.C.A. §
															1681, note), and persons granted extended
						voluntary departure due to conditions in the aliens' home country based on a
						determination by the Secretary of State (See
						42 CFR
						435.408(b)(16)).
(4) An alien who has been legalized as an LTR
						or an LPR under IRCA and who is aged, blind or disabled, a child under 18 years
						of age or a Cuban/Haitian entrant.