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Effective: December 1, 2006 |
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11.35ar1 - Changes in Immigration Status (Archive) |
Archived: April 1, 2008 |
There are a number of changes in immigration status that may be required or beneficial for noncitizen enrollees. Some noncitizens must pursue adjustment of their immigration status. Whether it is required or not, in addition to aiding the transition to U.S. citizenship, adjusting to lawful permanent resident (LPR) status may also have an affect on health care program eligibility.
Adjusting to LPR Status (Entered U.S. With Federally Funded Status).
Adjusting to LPR Status (Entered U.S. Without Federally Funded Status).
Noncitizens who are lawfully residing in the U.S. and have a status that is only eligible 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. The USCIS application process and type of documentation required will vary according to the person’s status. Close adults who fail to cooperate.
Exception: Do not require citizens of Micronesia or the Marshall Islands to work with USCIS to adjust their status. Status adjustment is not possible.
Noncitizens who wish to become a naturalized citizen of the United States must have a lawful permanent resident (LPR) status. Only LPRs may become U.S. citizens. They may apply for naturalization to U.S. citizenship after living in the United States for five years (three years if married to a U.S. citizen).
Noncitizens already present in the United States who are not LPRs may apply for adjustment of status to LPR. For example:
l Refugees normally adjust their status one year after arrival in the United States. The process is currently completed through a mailed application. If the person has no barrier to admission in the United States, the adjustment is automatic.
l Asylees may also apply for adjustment one year after their asylee status is granted, but there is an annual limit of 10,000 people who may adjust to LPR.
Adjusting to LPR Status (Entered U.S. With Federally Funded Status)
When noncitizens who were originally admitted to the U.S. in a status that qualifies for federal funding later adjust to LPR status, determine eligibility under the original status. See Federally Funded Health Care for more information.
Note: Under federal guidelines, states were required to provide a minimum of seven years of coverage under the original status for this group. However, most states (including Minnesota) chose the option to continue to provide coverage under the original status without a time period limitation.
Example:
Jennifer entered the U.S. as a refugee on August 21, 2001. She was granted LPR status on December 1, 2004.
Action:
When determining Jennifer’s health care program eligibility, continue to determine her eligibility as if she were still a refugee. She would be eligible for MA or MinnesotaCare with federal funding if she meets all other eligibility requirements for those programs.
Adjusting to LPR Status (Entered U.S. Without Federally Funded Status)
Some noncitizens who originally entered the U.S. with a status that does not qualify for federal funding may later adjust to LPR status. If they entered the U.S. before August 22, 1996 and meet certain other criteria, they are eligible for federal funding upon attaining a qualified status. If they entered the U.S. after that date, they are eligible for federal funding five years after attaining a qualified status.
People may be eligible for federally funded health care effective the date of adjustment if they meet all the following conditions:
l They entered the U.S. before August 22, 1996.
l They have been continuously present from the date of entry to the date of status adjustment. People do not meet the continuous presence requirement if they have had a single absence from the U.S. of more than 30 days or total absences of more than 90 days. Use evidence such as rent receipts, utility bills, medical records, or similar documents to verify continued presence.
l They adjusted to qualified status on or after August 22, 1996.
People who do not meet all of the above conditions are not eligible for federally funded health care until five years after obtaining a qualified status.
Example:
Malcolm entered the U.S. on January 15, 1995 as a nonimmigrant and has been continuously present since that time. He was granted LPR status on February 14, 2006.
Action:
If he meets all other eligibility factors, Malcolm would be eligible for federally funded MA or MinnesotaCare beginning February 14, 2006, because he was present in the U.S. before August 22, 1996, and now has a qualified status.
Example:
Rita entered the U.S. on August 29, 1996, with a Temporary Protected immigration status. She was granted LPR status on December 1, 2004. Rita does not qualify for federal funding because she entered the U.S. on or after August 22, 1996, her current status is LPR and she has not had a qualified status for a period of five years.
Action:
If she meets all other eligibility factors, Rita would be eligible for state-funded health care coverage. She would be potentially eligible for federally funded health care on December 1, 2009.