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Effective: February 1, 2011 |
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11.30.10ar3 - Undocumented and Nonimmigrant People (Archive) |
Archived: June 1, 2011 |
Undocumented people are those who do not have and cannot obtain current U.S. Citizenship and Immigration Services (USCIS) documentation because they are present in the U.S. without USCIS authorization. This includes people who enter the country illegally as well as people whose authorization to remain has expired.
Some nonimmigrants are noncitizens who are legally admitted to the U.S. on a temporary basis, such as tourists, students (and their dependents) admitted on a student visa, or diplomats and their dependents.
However, some nonimmigrants are legally admitted to the United States on a long term basis and must follow certain requirements to adjust their status, including nonimmigrants with a T Visa or a U visa. Other noncitizens are admitted as nonimmigrants and later adjust their status, for example to applicant for asylum.
Note: Dependents who are born in the U.S. will usually be U.S. citizens. Their status is not dependent on the parents' status.
Noncitizens with an undocumented or nonimmigrant status are ineligible for health care program coverage with the following exceptions:
l Pregnant women may be eligible for MA funded by the Children's Health Insurance Program (CHIP) (program NMED, eligibility type PC) through the 60-day postpartum period.
Note: Some undocumented and nonimmigrant pregnant women may have a barrier to eligibility if they have other health care coverage; see that section for more information.
l People who are receiving services from the Center for Victims of Torture (CVT) may be eligible for state-funded MA (program NM).
l Citizens of Micronesia, the Marshall Islands and Palaua have a special status and may be eligible for state-funded MA (program NM) or MinnesotaCare (program KK, JJ, or BB), or General Assistance Medical Care (GAMC).
l People with a medical emergency may be eligible for Emergency Medical Assistance (EMA), which is funded by both federal and state dollars. They must have an MA basis of eligibility and, except for citizenship and immigration status, meet all other MA requirements (including state residency).
Nonimmigrants may adjust their status to applicant for asylum, lawful permanent resident or other statuses.
Do not require verification of immigration status for undocumented people who are requesting any of the following:
l Emergency Medical Assistance (program EH).
l CHIP-funded MA (NM/PC) for pregnant women.
l State-funded MA (program NM) for people who are eligible solely because they are receiving services from the Center for Victims of Torture (CVT).
For people with a nonimmigrant status, request a copy of their I-94, a copy of a passport showing the admission stamp, or a copy of the Notice of Action, Form 1-797.
Undocumented and nonimmigrant people who are not eligible for health care coverage under one of the exceptions noted above in Funding Source are ineligible under Minnesota law specifically because they lack an eligible immigration status.