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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.

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

  • Citizens of the Freely Associated States - the Federated States of Micronesia, the Republic of Marshall Islands, and the Republic of Palau

  • Conditional Entrant

  • Cuban or Haitian Entrant

  • Deferred Action

  • Deferred Enforced Departure (DED) decision by the President of the United States

  • Family Unity Beneficiary

  • Granted an administrative stay of removal

  • Granted employment authorization and have one of the following statuses:

    • Applicant for cancellation of removal or suspension of deportation

    • Order of supervision

    • Registry applicants for a Green Card

    • Applicant for legalization under Immigration Reform and Control Act (IRCA) or under the LIFE Act

  • Humanitarian Entrant

  • Lawful Permanent Resident (LPR)

  • Lawful Temporary Resident (LTR)

  • Lawfully present in American Samoa and Commonwealth of Northern Mariana Islands

  • Members of a federally recognized Indian tribe or American Indians born in Canada

  • Noncitizens receiving services at the Centers for Victims of Torture

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

    • K-Visas

    • Student Visas

    • Tourist Visas

    • U-Visas

    • V-Visas

    • Worker Visas

  • Paroled into the United States

  • 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 or T-Visa holders

  • Withholding of Removal

Legal Citations

Centers for Medicare & 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 People (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: March 1, 2023

Archived: November 1, 2024