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Effective: June 1, 2011 |
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11.30.05ar6 - Other Lawfully Present Noncitizens (Archive) |
Archived: June 1, 2012 |
The following noncitizens are lawfully present in the United States on a temporary basis. See Status Adjustment and Adjustment Requirements for Other Lawfully Present Noncitizens for information about adjustment of these temporary statuses.
Other lawfully present noncitizens may be eligible for federally funded MA if they are children under age 21 or pregnant women, or state-funded MA if they are non-pregnant adults over age 21 with a parent, blind or disabled basis of eligibility. See the Medical Assistance Immigration Status and Eligibility Table for more information about program eligibility and systems coding.
Other lawfully present noncitizens may also be eligible for state-funded MinnesotaCare.
Exception: Individuals with a nonimmigrant status are not eligible for MinnesotaCare.
Status Descriptions and Verification Requirements.
Status Descriptions and Verification Requirements
l Applicants for Asylum and for Withholding of Removal status are allowed to remain in the United States with an employment authorization document or card while their applications for asylee status are pending with U.S. Citizenship and Immigration Services (USCIS). Acceptable forms of verification include:
n Receipt or notice showing form I-589, Application for Asylum and Withholding, has been filed.
n Copy of form I-765, Application for Employment Authorization, or receipt from USCIS indicating filing of application.
n Form I-766, Employment Authorization Document (EAD); or form I-688B, Employment Authorization Card.
l Deferred Action status is granted by USCIS or an immigration judge. Deferred action means the USCIS will not initiate removal proceedings against the person. This status may be granted to a self-petitioning battered spouse or child. See Battered Noncitizens. Acceptable forms of verification include:
n Form I-797 indicating a notice of action for Deferred Action.
n Copy of form I-765 or receipt from USCIS indicating filing of application.
n Forms I-766 or I-688B.
l Deferred Enforced Departure status is granted by executive authorization of the President. People with this status are allowed to remain in the United States with employment authorization. Acceptable forms of verification include:
n Copy of form I-765 or receipt from USCIS indicating filing of application.
n Forms I-766 or I-688B.
n Any verification from the immigration authorities or other authoritative documents indicating Deferred Enforced Departure status.
l Family Unity Beneficiary status provides protection from deportation and employment authorization to the spouses and children of noncitizens who obtained legal status under the Immigration Reform and Control Act of 1986 (IRCA). Acceptable forms of verification include:
n Form I-797, Notice of Action showing approval of I-817, Application for Family Unity.
n Copy of form I-765 or receipt from USCIS indicating filing of application.
n Forms I-766 or I-688B.
n Any verification from the immigration authorities or other authoritative documents indicating Family Unity status.
l Lawful Temporary Residents (LTRs) are people who had resided in the United States unlawfully since before January 1, 1982 who were allowed to legalize their status. Acceptable forms of verification include:
n Form I-688, Temporary Resident Card.
n Copy of form I-765 or receipt from USCIS indicating filing of application.
n Forms I-766 or I-688B.
n Any verification from the immigration authorities or other authoritative documents indicating LTR status.
l Individuals paroled for less than one year have been granted authorization to remain in the United States for emergency reasons, such as, to receive medical care or other reasons in the public interest. This status is granted by the Secretary of Homeland Security. Acceptable forms of verification include:
n Form I-94 with a stamp displaying a grant of parole under Section 212(d)(5) of the INA. The I-94 may be stamped "PIP" or "HP."
n Copy of form I-765 or receipt from USCIS indicating filing of application.
n Forms I-766 or I-688B.
n Form I-512 Parole Authorization annotated with the reason parole was granted under section 8 CFR.
l Certain people with Pending Immigration status are considered to be lawfully present in the United States while their applications for adjustment of status are still being processed by the USCIS. This includes:
n The spouse or child of a U.S. citizen or a Lawful Permanent Resident whose visa petition to adjust status for Alien Relative (USCIS Form I-130) has been approved by the USCIS via a Notice of Action, but whose application for a visa number (A#) to adjust status to LPR is still pending with the Visa Center. The Notice of Action will list the names of the petition beneficiaries (the spouse or child), along with a description of the additional immigrant visa processing steps.
n An applicant for adjustment of status to LPR under the ”registry” provisions of immigration laws (Section 249 of the INA). The ”registry” provision of the INA allows certain noncitizens, who have been present in the United States since January 1, 1972, to obtain lawful permanent residence even if they entered or resided in the United States illegally. Applicants who are in the United States and have filed an Application to Register Permanent Residence or Adjust Status (USCIS Form I-485) are eligible to apply for a work permit while their case is pending assignment of a visa number.
l People with Temporary Protected Status (TPS) are living in the United States and are from certain designated countries where unsafe conditions would make it a hardship for them to return. They are authorized to remain in the United States for a specified period of time. Acceptable forms of verification include:
n Copy of form I-765 or receipt from USCIS indicating filing of application.
n Forms I-766 or I-688B.
n Any verification from the immigration authorities or other authoritative documents indicating Temporary Protected Status.
l Some noncitizens may reside in the United States under a USCIS Order of Supervision (I-220B). These people may be granted employment authorization. Acceptable forms of verification include:
n Copy of USCIS or Department of Homeland Security form I-220B Order of Supervision.
n Copy of I-94 annotated ”Order of Supervision.”
n Copy of USCIS or Department of Homeland Security Employment Authorization Form I-688B or I-766 coded 274a12.
l Nonimmigrants with K-Visas
n A nonimmigrant with a K-1 visa is a fiancée who seeks to enter the United States solely to marry a U.S. citizen within 90 days of his or her admission to the United States. After the couple is legally married, the K-1 visa holder must apply for adjustment to Lawful Permanent Resident. The minor children of the fiancée may be granted K-2 visas and are also considered lawfully present.
n A nonimmigrant with a K-3 visa is a noncitizen spouse of a United States citizen. This visa was created to shorten the separation between the noncitizen and citizen spouses by permitting entrance into the United States while the immigrant petition is pending approval. Once the immigrant petition is approved, the K-3 visa holder must apply to adjust status to a Lawful Permanent Resident. Children of K-3 visa applicants receive K-4 visas, and are also considered lawfully present.
n Acceptable forms of verification:
m Notice of Action Form I-797, granting K nonimmigrant status, along with the attached Form-I-94 Arrival/Departure Record; or
m A copy of the person’s passport with a K nonimmigrant visa along with a copy of the attached Form I-94 Arrival/Departure Record evidencing that the person was admitted into the United States with a K nonimmigrant status.
l Nonimmigrants with U-Visas
n Nonimmigrants with a U-1 visa and family members with a U-2, U-3, U-4 or U-5 derivative nonimmigrant visa are considered lawfully present while they are waiting to adjust their status to Lawful Permanent Resident (LPR). The U nonimmigrant status protects victims of crimes who have suffered substantial mental or physical abuse due to crime and are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity.
n Acceptable forms of verification:
m Notice of Action Form I-797, granting U nonimmigrant status, along with the attached Form-I-94 Arrival/Departure Record; or
m A copy of the person’s passport with a U nonimmigrant visa along with a copy of the attached Form I-94 Arrival/Departure Record evidencing that the person was admitted into the United States with a U nonimmigrant status.
l Nonimmigrants with V-Visas
n Spouses or unmarried children under age 21 of Lawful Permanent Residents who are permitted to enter and remain the United States as nonimmigrants while they are waiting for the processing of their immigrant visas. The V-visa was created to reunite families who have been or could be separated during the process of immigrating to the United States. V-visa holders may apply for permission to work in the United States.
n Acceptable forms of verification:
m Notice of Action Form I-797, granting V nonimmigrant status, along with the attached Form-I-94 Arrival/Departure Record; or
m A copy of the person’s passport with a V nonimmigrant visa along with a copy of the attached Form I-94 Arrival/Departure Record evidencing that the person was admitted into the United States with a V nonimmigrant status.
l Other immigration categories of noncitizens lawfully present in the United States include, but are not limited to the following:
n Indefinite stay of deportation.
n Indefinite voluntary departure.
n Stays of deportation.
n Filed application for adjustment of status under Section 245 of the INA and USCIS has accepted as ”properly filed.”
Contact HealthQuest for help with specific case situations involving these immigration categories.
Other lawfully present noncitizens are potentially eligible for state-funded health care coverage (state-funded Medical Assistance - program NMED - or MinnesotaCare major programs KK, JJ, or BB).
Exception: Individuals with a nonimmigrant status are not eligible for MinnesotaCare.
Noncitizens who are lawfully present in the United States must cooperate with USCIS in efforts to obtain a qualified status or pursue U.S. citizenship, because they do not have a status that qualifies them for federally funded health care. The USCIS application process and type of documentation required will vary according to the person’s status. Close adults who fail to cooperate. See Adjustment Requirements for Other Lawfully Present Noncitizens for specific information for each status.