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Effective: April 1, 2008 |
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11.35.05ar1 - Adjustment Requirements for Other Lawfully Present Noncitizens (Archive) |
Archived: June 1, 2012 |
Some noncitizens whose immigration status qualifies them for state-funded health care must cooperate with U.S. Citizenship and Immigration Services (USCIS) in efforts to obtain a qualified status or pursue U.S. citizenship in order to qualify for federally funded health care.
See Other Lawfully Present Noncitizens for verification requirements and other information about these statuses. See Changes in Immigration Status for further information about adjustment of status and becoming a U.S. citizen.
Lawful Temporary Resident (LTR).
Paroled For Less Than One Year.
Temporary Protected Status (TPS).
Applicants for asylum have begun the process of obtaining asylee status, which will qualify them for federally funded health care for seven years after the date asylum is granted. Generally, people must apply for asylum within one year of their last date of entry into the U.S., although there are exceptions. Asylees can apply to adjust their status to lawful permanent resident (LPR) one year after being granted asylum. Five years after becoming an LPR, they can apply to become a naturalized U.S. citizen.
People with deferred action status do not qualify for federally funded health care. This status does not lead to a basis for adjusting to LPR status, but under certain circumstances, the deferred action status can be extended by the appropriate immigration authorities. Refer cases with expired status to HealthQuest .
Deferred enforced departure (DED) status does not qualify people for federally funded health care, and it cannot be adjusted to LPR. This status can be granted for limited periods to people from certain countries to extend their Temporary Protected Status (TPS). Once the DED status expires, they must contact the Department of Homeland Security to obtain verification of their continuous lawful immigration status in the United States in order to qualify for state-funded MA. Refer cases with expired DED status to HealthQuest.
A Family Unity Beneficiary is the spouse or the unmarried child of a qualified noncitizen who is eligible for adjustment of status to LPR under the Legal Immigration Family Equity (LIFE) Act. If they are LPRs or U.S. citizens, the spouses or parents of people with Family Unity Beneficiary status can petition on their behalf for adjustment of status to LPR once certain conditions are met. Five years after becoming an LPR, they can apply to become naturalized U.S. citizens. Refer cases with expired status or complex circumstances to HealthQuest for further clarification.
Lawful Temporary Resident (LTR)
People granted a Lawful Temporary Resident (LTR) status are eligible to adjust their status to LPR. However, whether they can adjust their status automatically to LPR or must file an application depends on why their LTR status was granted. They must communicate with the Department of Homeland Security to inquire further about adjustment to LPR status, but until they receive approval or denial of their applications, they will remain LTRs and continue to qualify for state-funded health care programs. Refer complex cases to HealthQuest for further clarification.
Paroled For Less Than One Year
Adjusting to LPR status for these people depends on the reason they were granted ”paroled for less than one year” status. The facts and circumstances of each case are different; refer these cases to HealthQuest for further clarification.
Certain people with pending immigration status are eligible to adjust their status to LPR. For example, people who entered the United States with a fiancé(e) visa must adjust their status to LPR prior to the expiration of the fiancé(e) visa. Since each immigration status has different requirements, adjustment from a pending immigration status should be considered on a case-by-case basis. Refer cases with expired status to HealthQuest.
Temporary Protected Status (TPS)
This status is granted to nationals of specific countries with unstable or dangerous conditions. People with this status are not eligible to adjust to LPR; however, it is common for Temporary Protected Status to be extended if unstable conditions persist in their country. When an extension of this status is granted, important authorization documents will be automatically extended. However, nationals of certain countries will have to reapply during the re-registration period to maintain lawful residence in the United States. People with Temporary Protected Status must submit proper verification of their extended status because, once the TPS status expires, they revert back to their previous immigration status. Refer cases with expired status to HealthQuest.