Appendix H

Lawfully Present Noncitizens

Lawfully present is a term used in Minnesota Health Care Programs (MHCP) eligibility determinations for noncitizens. See EPM 2.1.2.2.2 MA Immigration Status and EPM 3.2.1.2 MinnesotaCare Lawful Presence and DACA.

A noncitizen who presents as or with any of the following is considered lawfully present:

Afghan or Iraqi Special Immigrant
Amerasian Immigrant
Applicant for any of the following:
- Adjustment to lawful permanent resident status
- Asylum – with employment authorization if age 14 or older
- Withholding of removal or deportation – with employment authorization if age 14 or older
Asylee
Battered noncitizen, including a child of a battered noncitizen
Citizens of the Freely Associated States - the Federated States of Micronesia, the Republic of Marshall Islands, or the Republic of Palau
Conditional Entrant
Cuban or Haitian Entrant
Deferred Action (excluding Deferred Action for Childhood Arrivals)
Deferred Action for Child Arrivals (DACA)
- For MinnesotaCare Only: A DACA grantee is considered lawfully present for MinnesotaCare.
- For Medical Assistance and the MN Family Planning Program (MFPP): A DACA grantee is not considered lawfully present for MA for noncitizen children under age 21 and pregnant people or for MFPP.
Deferred Enforced Departure (DED)
Family Unity Beneficiary
Granted an administrative stay of removal
Granted employment authorization (work permit) based on any of the following:
- Applicant for cancellation of removal or suspension of deportation
- Applicant for legalization under Immigration Reform and Control Act (IRCA) or under the LIFE Act
- Applicants for registry
- Applicant for Temporary Protected Status
- Beneficiary of an approved employment-based immigrant visa petition granted employment authorization because of compelling circumstances
- Order of supervision
Lawful Permanent Resident (LPR)
Lawfully present in American Samoa and Commonwealth of Northern Mariana Islands
Members of a federally recognized Indian tribe or American Indians born in Canada
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 petition, either pending or approved
Temporary Protected Status (TPS)
Temporary Resident Status under 8 USC 1160 or 1255a
Trafficking victim or T-Visa holders
Withholding of removal or deportation, including under Convention Against Torture

Legal Citations

Code of Federal Regulation, title 42, section 600.5 Lawfully Present

Code of Federal Regulations, title 45, section 155.20 Lawfully Present

United States Code, title 42, section 1396b(v)(4)

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