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Effective: April 1, 2008 |
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11.35ar2 - Changes in Immigration Status (Archive) |
Archive: June 1, 2012 |
Recent changes in immigration law allow for some noncitizens to pursue adjustment of their temporary immigration status to a permanent one. Adjusting to lawful permanent resident (LPR) status is beneficial not only because it is a pathway to U.S. citizenship, but it may also lead to federally funded health care program eligibility. Under federal and state law, noncitizens who are eligible to adjust their status to LPR are required to do so to qualify for either state- or federally funded health care programs.
Noncitizens such as refugees and asylees who are already present in the United States may apply for adjustment of status to LPR.
l Refugees are granted the right to live and work in the U.S. and, after a one-year period, may apply to become lawful permanent residents.
l Asylees may also apply for adjustment to LPR status one year after they are granted asylum.
Adjusting to LPR Status (Entered U.S. With Federally Funded Status).
Adjusting to LPR Status (Entered U.S. Without Federally Funded Status).
State law requires that noncitizens who are lawfully present in the U.S. with a status that only 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. Close adults who fail to cooperate. See Funding Health Care for Noncitizens for further information.
The USCIS application process and type of documentation required will vary according to the person’s status. Certain noncitizens will not be able to adjust their immigration status because the terms of that status will not allow them do to so. See Adjustment Requirements for Other Lawfully Present Noncitizens for information about the requirements for some statuses. For information about other statuses, refer to the specific manual section for that status.
Noncitizens who wish to become naturalized citizens of the United States must have a lawful permanent resident (LPR) status. Generally, only LPRs may become U.S. citizens. They may apply for naturalization to U.S. citizenship after maintaining an LPR status for five years, or three years if married to a U.S. citizen.
Adjusting to LPR Status (Entered U.S. With Federally Funded Status)
Determine eligibility under the original status for noncitizens who were originally admitted to the U.S. under a status that qualified them for federal funding and later adjusted to LPR status. See Federally Funded Health Care for more information.
Note: Under federal guidelines, states are required to provide a minimum of seven years of coverage under the original status for this group. At the end of seven years, they would still be eligible for federal funding because they have been in the U.S. for more than five years.
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)
Immigration law allows some noncitizens, who originally entered the U.S. with a status that does not qualify for federal funding, to 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.