Appendix H

Lawfully Present Noncitizens (Archive)

A lawfully present noncitizen is a noncitizen who has been granted the right to enter or stay in the United States and has not violated the terms of their agreement.

Deferred Action for Childhood Arrivals (DACA)

For the purpose of determining health care eligibility, people granted Deferred Action for Childhood Arrivals (DACA) are not lawfully present noncitizens.

For eligibility information for Minnesota Health Care Programs, see the MA Immigration Status and MinnesotaCare Lawful Presence sections.

Immigration statuses that are lawfully present include, but are not limited to:

• Afghan and Iraqi Special Immigrant

• Amerasian

• Asylee, including:

  • pending applicants for asylum under the age of 14 who have had an application pending for at least 180 days, or

  • pending applicants for asylum age 14 or older who have been granted employment authorization

• Battered Noncitizen, including a child of a Battered Noncitizen

• Beneficiary of an approved visa petition with a pending application for adjustment of status

• Conditional Entrant

• Deferred Action

• Deferred Enforced Departure decision by the President of the United Sates

• Family Unity Beneficiary

• Granted an Administrative Leave

• Granted employment authorization under 8 CFR 274a.12(c). See the USCIS website for a list of employment authorized categories.

• Haitian Entrant

• Humanitarian Parolee

• Lawful Permanent Resident

• Lawful Temporary Resident

• Lawfully present in American Samoa

• Marshall Islander

• Micronesian

• Noncitizens receiving services at the Centers for Victims of Torture

• Nonimmigrant Status, including, but not limited to people with:

  • K-Visas

  • Student Visas

  • T-Visas

  • U-Visas

  • V-Visas

  • Worker Visas

• Palauan

• Refugee

• Special Immigrant Juvenile Status (SIJS), including pending applicants for SIJS

• Temporary Protected Status (TPS), including pending applicants for TPS who have been granted employment authorization

• Temporary Resident Status under 8 USC 1160 or 1255a

• Trafficking Victim

• Withholding of Removal

Legal Citations

Centers for Medicare and Medicaid Services State Health Officials letter re: Individuals with Deferred Action for Childhood Arrivals (August 28, 2012), at www.medicaid.gov/Federal-Policy-Guidance/downloads/SHO-12-002.pdf

Centers for Medicare & Medicaid Services State Health Officials letter re: Medicaid and CHIP Coverage of “Lawfully Residing” Children and Pregnant Women (July 1, 2010), at www.cms.gov/smdl/downloads/SHO10006.pdf

Code of Federal Regulations, title 42, section 435.406

Code of Federal Regulations, title 45, section 152.2

Published:  June 1, 2016

Archive: June 1, 2017