*** The Health Care Programs Manual (HCPM) has been replaced by the Minnesota Health Care Programs Eligibility Policy Manual (EPM) as of June 1, 2016. Please refer to the EPM for current health care program policy information. ***
Effective: November 1, 2012 |
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11.25.25 - Other Lawfully Present Noncitizens |
Archived: June 1, 2016 (Previous Versions) |
The following noncitizens are lawfully present in the United States.
Some lawfully present noncitizens must cooperate with United States Citizenship and Immigration Services (USCIS) in efforts to obtain a qualified status or pursue U.S. citizenship if 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. See Adjustment Requirements for Other Lawfully Present Noncitizens for specific information for each status.
Lawfully present noncitizens may be eligible for:
l federally funded MA or MinnesotaCare if they are children under age 21 or pregnant women. See the Medical Assistance Immigration Status and Eligibility Table or the MinnesotaCare Immigration Status and Eligibility Table for more information about program eligibility and systems coding.
Note: Pregnant women and children under age 21 who become incarcerated while enrolled in MinnesotaCare must be changed to state-funded MinnesotaCare until next renewal. Close MinnesotaCare if they remain incarcerated at next renewal.
l state-funded MinnesotaCare if they are a non-pregnant adult, including people who are blind, disabled, parents, adults without children, foster parents and relative caretakers.
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 Form I-765, Application for Employment Authorization, or receipt from USCIS indicating filing of application.
n Employment Authorization Document Form I-766 or I-688B.
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 Form I-765, Application for Employment Authorization or receipt from USCIS indicating filing of application.
n Employment Authorization Document Form I-766 or I-688B.
Exception: Noncitizens granted deferred action under the Deferred Action for Childhood Arrivals (DACA) process are not eligible for state or federally funded MA or MinnesotaCare. Do not consider these noncitizens to be lawfully residing in the United States because deferred action in this circumstance does not confer a lawful status. Consider possible eligibility for Emergency Medical Assistance if a client granted deferred action under the DACA process has a medical emergency.
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 Form I-765, Application for Employment Authorization, or receipt from USCIS indicating filing of application.
n Employment Authorization Document Form 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 Form I-765, Application for Employment Authorization, or receipt from USCIS indicating filing of application.
n Employment Authorization Document Form I-766 or I-688B.
n Any verification from the immigration authorities or other authoritative documents indicating Family Unity status.
l Citizens of Micronesia, the Marshall Islands and Palau are allowed to live, study and work in the United States indefinitely as nonimmigrants under the Compact of Free Association. They do not need to with USCIS to adjust their status in order to be eligible, but do need to provide verification of their current status. Acceptable forms of verification include:
n Form I-94 (Arrival/Departure Card) with a stamp indicating that the person was admitted as a citizen of Micronesia (CFA/FSM), the Marshall Islands (CFA/MIS) or the Republic of Palau (CFA/PAL).
n Form I-765, Application for Employment Authorization, or receipt from USCIS indicating filing of application.
n Employment Authorization Document Form I-766 or I-688B.
n Unexpired Micronesian, Marshall Islands or Palauan passport.
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 Form I-765, Application for Employment Authorization, or receipt from USCIS indicating filing of application.
n Employment Authorization Document Form 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 (Arrival/Departure Card) 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 Form I-765, Application for Employment Authorization, or receipt from USCIS indicating filing of application.
n Employment Authorization Document Form 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 Form I-765, Application for Employment Authorization, or receipt from USCIS indicating filing of application.
n Employment Authorization Document Form 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 USCIS or Department of Homeland Security Form I-220B Order of Supervision.
n Form I-94 (Arrival/Departure Card) annotated ”Order of Supervision.”
n Employment Authorization Document Form I-766 or I-688B.
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 include:
m Notice of Action Form I-797, granting K nonimmigrant status, along with the attached Form-I-94 (Arrival/Departure Card).
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 Card) evidencing that the person was admitted into the United States with a K nonimmigrant status.
m Form I-765, Application for Employment Authorization, or receipt from USCIS indicating filing of application.
m Employment Authorization Document Form I-766 or I-688B.
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 include:
m Notice of Action Form I-797, granting U nonimmigrant status, along with the attached Form-I-94 (Arrival/Departure Card).
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 Card) evidencing that the person was admitted into the United States with a U nonimmigrant status.
m Form I-765, Application for Employment Authorization, or receipt from USCIS indicating filing of application.
m Employment Authorization Document Form I-766 or I-688B.
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 include:
m Notice of Action Form I-797, granting U nonimmigrant status, along with the attached Form-I-94 (Arrival/Departure Card).
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 Card) evidencing that the person was admitted into the United States with a U nonimmigrant status.
m Form I-765, Application for Employment Authorization, or receipt from USCIS indicating filing of application.
m Employment Authorization Document Form I-766 or I-688B.
l Other immigration categories
Noncitizens lawfully present in the United States include, but are not limited to the following:
n Stays of deportation.
n Filed application for adjustment of status under Section 245 of the INA and USCIS has accepted as ”properly filed.”
There are many other immigration statuses under which people may be considered lawfully residing or lawfully present noncitizens. Contact HealthQuest for help with specific case situations involving these immigration categories not listed in this section..