WAC 388-424-0006 Citizenship and alien status - Date of Entry

1. A person who physically entered the U.S. prior to August 22, 1996 and who continuously resided in the U.S. prior to becoming a "qualified alien" (as defined in WAC 388-424-0001) is not subject to the five-year bar on TANF, non-emergency Medicaid, and SCHIP.

2. A person who physically entered the U.S. prior to August 22, 1996 but became “qualified” on or after August 22, 1996, or who physically entered the U.S. on or after August 22, 1996, and who requires 5 years of residency to be eligible for federal Basic Food, can only count years of residence during which he or she was a “qualified alien”.

3. A person who physically entered the U.S. on or after August 22, 1996 is subject to the five-year bar on TANF, non-emergency Medicaid, and SCHIP, unless exempt. The five-year bar starts on the date that "qualified" status is obtained.

4. The following “qualified aliens”, as defined in WAC 388-424-0001, are exempt from the five-year bar:

   1. Amerasian lawful permanent residents;

   2. Asylees;

   3. Cuban/Haitian entrants;

   4. Persons granted withholding of deportation or removal;

   5. Refugees;

   6. Victims of trafficking who have been certified or had their eligibility approved by the Office of Refugee Resettlement (ORR); and

   7. Lawful permanent residents, parolees, or battered aliens, as defined in WAC 388-424-0001, who are also an armed services member or veteran as described in WAC 388-424-0007.

5. In addition to subsection (4) of this section, the following "qualified aliens" are also exempt from the five-year bar on nonemergency medicaid and SCHIP:

   1. Pregnant women;

   2. Children under nineteen years of age; and

   3. Children under twenty-one years of age who are residing in a medical institution as described in WAC 388-505-0230.