Date of Entry

The recognized date of entry into the U.S. is the date recognized by DHS as opposed to the actual, physical date of entry.

An immigrant who entered the U.S. on or after August 22, 1996, is not eligible for Medical Assistance, except under EMA procedures, for a period of five years from the date of entry into the U.S., unless s/he is a Qualified immigrant and meets one of the criteria in Chart 2215.1 .

An immigrant who entered the U.S. for permanent lawful residence prior to August 22, 1996, meets the citizenship/immigration criteria for any Family or ABD Medical Assistance COA.

An immigrant who entered the U.S. for permanent lawful residence prior to August 22, 1996, and who is not potentially eligible for SSI based on the criteria in Chart 2215.1 , meets the citizenship/immigration criteria for any ABD Medical Assistance COA.

An immigrant who entered the U.S. for permanent lawful residence after August 22, 1996, and who has lived in the U.S. for at least 5 years meets the citizenship/immigration criteria for any Family or ABD Medical Assistance COA.

Effective 1/1/2024, all pregnant women and children under the age of 19 with a valid immigration status that are lawfully residing in the U.S. will not be subjected to meet any specified time period (5-year bar) to be considered a qualified immigrant and will meet the citizenship/immigration criteria for any Family or ABD Medical Assistance COA. Also, qualified immigrant children who are eligible for title IV-E retain their categorical eligibility for Medicaid under title XIX, regardless of how long they have been in the United States.

According to the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 and subsequent legislation, a Qualified Immigrant is an immigrant who, at the time of Medical Assistance application or approval, is one of the following:

Immigrants lawfully admitted for permanent residence under the Immigration and Nationality Act (INA), 8 USC 1101 et seq.; This includes Special Immigrant Juvenile Status (SIJS) granted to an undocumented foster child that has petitioned U.S. Citizenship and Immigration Services and been granted SIJ status and is classified as a lawful permanent resident.

Refugees admitted under Section 207 of the INA

Immigrants granted asylum under Section 208 of the INA

Cuban and Haitian entrants (as defined in section 501(e) of the Refugee Education Assistance Act of 1980),

Immigrants granted parole for at least one year under Section 212(d)(5) of the INA

Immigrants whose deportation is being withheld under (1) Section 243(h) of the INA as in effect prior to April 1, 1997: or (2) Section 241(b)(3) of the INA as amended

Immigrants granted conditional entry under Section 203(a)(7) of the INA in effect before April 1, 1980

Battered immigrants, who meet the conditions set forth in Section 431(c) of PRWORA, as added by Section 501 of the Illegal Immigration Reform and Immigration Responsibility Act of 1996, P.L. 104-208 (IIRIRA), and amended by Section 5571 of the Balanced Budget Act of 1997, P.L. 105-33 (BBA), and Section 1508 of the Violence Against Women Act of 2000, P.L. 106-386. Section 431 (c) of PRWORA, as amended, is codified at 8 USC 1641 (c)

Victims of a severe form of trafficking, in accordance with Section107(b)(1) of the Trafficking Victims Protection Act of 2000, P.L. 106-386. The Office of Refugee Resettlement (ORR) provides victims of trafficking with a “Certification Letter” if 18 or over or an “Eligibility Letter” if under 18. Accept the ORR letter. Call the ORR trafficking verification line (1-866-401-5510) to confirm the validity of the letter and to notify ORR that the individual has applied for benefits. Instruct the individual to apply for a Social Security Number (SSN) if not already obtained. Assist the applicant, if necessary, in obtaining a number. Do not delay, deny or discontinue benefits for not having a SSN At each renewal, call the ORR trafficking verification line (1-866-401-5510) to verify that the member continues to be certified as a victim of trafficking to remain eligible for Medical Assistance