Medical Assistance

2.1.2.2.2 Immigration Status

To receive Medical Assistance (MA), applicants must be U.S. citizens, U.S. nationals or certain lawfully present noncitizens. See the MA Citizenship policy for more information.

Refer to the Immigration Status and Minnesota Health Care Programs Eligibility chart for a quick reference guide to MA eligibility for applicants and enrollees who are noncitizens.

MA Eligibility for Noncitizen Children Under Age 21 and Pregnant People

The following noncitizens are eligible for MA, regardless of their specific immigration status:

  • Lawfully present noncitizen children younger than age 21

  • Lawfully present pregnant people

See Appendix H Lawfully Present Noncitizens for more information about lawfully present noncitizens.

Noncitizen children and pregnant people who are not lawfully present or are otherwise ineligible for MA due to immigration status, including Deferred Action for Child Arrival (DACA) grantees, may be eligible for MA under another basis. See MA for Noncitizens Not Otherwise Eligible for Medical Assistance.

MA Eligibility for Noncitizens Age 21 or Older and Not Pregnant

To be eligible for MA, noncitizens who are age 21 or older and not pregnant must have a qualified immigration status and either satisfy a five-year waiting period or meet an exception. 

Qualified Immigration Statuses Without a Five-Year Waiting Period

Noncitizens with the following qualified immigration statuses are eligible for MA without a five-year waiting period:

  • Afghan Humanitarian Parolees, who are defined as Afghan citizens or nationals granted humanitarian parole between July 31, 2021, and September 30, 2023, are eligible for MA until the end of their parole term. Spouses, children, parents and/or guardians of Afghan humanitarian parolees who are paroled after September 30, 2023, are also eligible for MA until the end of their parole term.

  • American Indian noncitizens who are either American Indians born in Canada or members of a federally recognized Indian tribe.

  • Asylees

  • Compact of Free Association (COFA) migrants - Citizens of the Freely Associated States - the Federated States of Micronesia, the Republic of Marshall Islands, and the Republic of Palau

  • Cuban or Haitian Entrants

  • Refugees (also known as Conditional Entrants, prior to April 1, 1980)

  • T nonimmigrants/T-Visa holders

  • Ukrainian Humanitarian Parolees, who are defined as Ukrainian Humanitarian citizens or nationals, or those who last habitually resided in Ukraine, granted humanitarian parole between February 24, 2022, and September 30, 2024, are eligible for MA until the end of their parole term. Spouses, children, parents, and/or legal guardians of Ukrainian humanitarian parolees who are paroled after September 30, 2023, are also eligible for MA until the end of their parole term.

  • Victim of severe trafficking

  • Withholding of Removal

Qualified Immigration Statuses With a Five-year Waiting Period

Noncitizens with the following qualified immigration statuses are eligible for MA after a five-year waiting period unless they meet an exception:

  • Lawful Permanent Residents (LPRs or green card holders)

  • Battered noncitizens

  • Individuals paroled for one year or more

Exceptions to the Five-Year Waiting Period for MA Eligibility

LPRs, battered noncitizens and individuals paroled for one year or more who meet any of the following exceptions are eligible for MA without a five-year waiting period:

  • a U.S. veteran or on active military duty

  • a spouse or child of a U.S. veteran or an individual on active military duty

  • an American Indian born in Canada

  • a member of a federally recognized Indian tribe

  • entered the United States before August 22, 1996, regardless of status at entry, and has continuously resided in the United States

LPRs who meet any of the following exceptions are eligible for MA without a five-year waiting period:

  • An LPR who was previously a refugee (also known as a Conditional Entrant, prior to April 1, 1980)

  • An LPR who was previously an asylee 

  • An LPR who was previously granted Withholding of Removal

  • An LPR who was previously a Cuban or Haitian Entrant

  • An LPR who was previously a victim of severe trafficking (including T nonimmigrant/T visa holder)

  • An LPR who was previously an Afghan Humanitarian Parolee

  • An LPR who was previously a Ukrainian Humanitarian Parolee

  • An LPR who gained LPR status as an Iraqi or Afghan Special Immigrant (Special Immigrant Visa holder)

  • An LPR who gained LPR status as an Amerasian Immigrant

Begin Date of the Five-Year Waiting Period for MA Eligibility

For battered noncitizens and individuals paroled for one year or more, the five-year waiting period begins on the date they obtain that status.

For LPRs, the begin date of the five-year waiting period is either:

  • The date they were granted status as a COFA migrant, battered noncitizen or paroled for one year or more, before becoming an LPR; or

  • The date LPR status was granted

The date a person enters the United States (also called the date of entry) is not always the same date they acquire a qualified immigration status.

MA for Noncitizens Not Eligible for Medical Assistance

Four programs are available to certain noncitizens who are not eligible for MA because of their immigration status.

Verification

Immigration status must be verified electronically:

  • At Application

  • When a change in immigration status is reported by the enrollee after application

  • When a new non-citizen household member is added and requests coverage

  • When corrections are made about a person's immigration status after application

See 1.3.2.1 MHCP Change in Circumstances for more information.

Paper Documentation

The county, Tribal or state agency must attempt and exhaust all trusted electronic sources, including SAVE, prior to requiring paper documentation from the enrollee.

Applicants and enrollees whose immigration status cannot be verified electronically must be provided an opportunity to submit documents or resolve discrepancies to verify immigration status. Paper documentation submitted to verify immigration status must be validated using electronic sources, such as SAVE.

See Immigration documentation types at HealthCare.gov for information about immigration documentation.

Reasonable Opportunity Period

Eligibility is approved for applicants who meet all other eligibility criteria and attest to meeting the noncitizen eligibility requirements.

A person approved for MA without electronic verification of their immigration status has a reasonable opportunity to work with the agency to resolve clerical discrepancies preventing electronic verification or to provide proof of status for SAVE validation. A notice is sent to the enrollee to indicate they have 90 days, plus five days for mailing, from the date of the notice to satisfy the request.

The 95-day reasonable opportunity period can be extended for MA enrollees who demonstrate a good faith effort to get and provide proof of their immigration status. Enrollees who need more time to obtain the needed documents must receive a notice that tells them the new due date. There is no limit to the number of times the reasonable opportunity period can be extended for a MA enrollee to obtain proof of immigration status. Eligibility and coverage for a person whose immigration staatus cannot be verified must end with a 10-day advance notice if the person fails to provide proof or assist in the verification process by the end of the reasonable opportunity period or any extension.

During the reasonable opportunity period, the county, tribal or state servicing agency must continue efforts to complete verification of an applicant’s immigration status. This includes correcting errant demographic data, re-running electronic sources and checking case records and files for prior instances of successful electronic verification or immigration status documentation received previously. The agency must document efforts to verify an applicant’s immigration status during the reasonable opportunity period in the case record. The agency must also help applicants and enrollees obtain required paper proofs.

A person who reapplies for health care coverage, whose immigration status was not previously verified, must be given a new reasonable opportunity period to provide proof of immigration status.

State Residency

Verification of immigration status cannot be used to determine the individual is not a state resident. See 1.4 MHCP State Residency

Legal Citations

Additional Ukraine Supplemental Appropriations Act, 2022, Public Law Number 117-128

Afghanistan Supplemental Appropriations Act, 2022, Public Law 117-103

Children’s Health Insurance Program Reauthorization Action of 2009 (CHIPRA), Public Law 111-3, Section 214

Code of Federal Regulations, title 42, section 435.406

Code of Federal Regulations, title 42, section 435.945

Code of Federal Regulations, title 42, section 435.949

Code of Federal Regulations, title 42, section 435.952

Code of Federal Regulations, title 42, section 435.956

Consolidated Appropriations Act, 2021, Public Law 116-260

Minnesota Statutes, section 256B.06, subdivision 4

Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Public Law 104-193

United States Code, title 8, section 1611

United States Code, title 8, section 1612

United States Code, title 8, section 1613

United States Code, title 8, section 1641

Published: June 12, 2026

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