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BRIAN SUKATI PETITIONER v. COMMONWEALTH PENNSYLVANIA (06/12/79)

decided: June 12, 1979.

BRIAN SUKATI PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



Appeal from the Order of the Department of Public Welfare in case of Appeal of Brian Sukati, dated February 9, 1978.

COUNSEL

David A. Scholl, for petitioner.

Betty F. Perry, Assistant Attorney General, for respondent.

Judges Wilkinson, Jr., Mencer and Blatt, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 43 Pa. Commw. Page 343]

The appellant's wife is in this country lawfully on order of the Pennsylvania Department of Public Welfare (DPW) denying him medical assistance benefits for his wife on the basis that she was not a permanent resident of the United States.

The appellant, Brian Sukati, appeals here from an a temporary student visa as the wife of a student, and he argues that she is a "permanent resident" within the meaning of Section 149.83 of the Pennsylvania Assistance Eligibility Manual (PAEM) which provides as follows:

A person who is not a citizen of the United States is not eligible for MA [medical assistance] unless he is an alien lawfully admitted for permanent residence or otherwise permanently

[ 43 Pa. Commw. Page 344]

    residing in the United States under provisions of law.

Under the Immigration and Nationality Act, however, one who is here on a student visa or who is the spouse of such an individual is a "nonimmigrant alien" which is:

(i) an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study at an established institution of learning or other recognized place of study in the United States . . . and (ii) ...


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