2142.1 Eligible Non-Citizens

The following non-citizens are eligible for assistance:

Refugees admitted under 207 of the Immigration and Nationality Act (INA); NOTE: Non-citizens who are certified victims of severe forms of trafficking are eligible to the same extent as non-citizens who are admitted to the U.S. as refugees under section 207 of the INA. See 2144 . NOTE: Effective December 19, 2009, Iraqi and Afghan Special Immigrants (SIVs) are eligible for medical benefits to the same extent and for the same time periods as refugees. Iraqi and Afghan aliens and family members who claim special immigrant status must provide verification that they have been admitted under section 101(a)(27) of the INA. See 2146.7 for a list of documents that will confirm Iraqi and Afghan Special Immigrant status.

Asylees granted asylum under 208 of the INA;

Aliens whose deportation has been withheld under Section 243 (h) of the INA or removal withheld under Section 241(b)(3) of the INA;

Cuban or Haitian entrants as defined in section 501 of the Refugee Education Assistance Act of 1980;

Persons admitted as an Amerasian Immigrant pursuant to section 584 of the Foreign Operational Export Financing, and Related Programs Appropriations Act of 1988;

Persons who have obtained lawful permanent resident status or who have been battered per 2142.2 (3) below and are honorably discharged veterans or are on active duty in the United States armed forces. The former or current spouse and/or dependent children of such persons are also potentially eligible under this provision. (Includes individuals who served in the Philippine Commonwealth Army during WW II or as Philippine Scouts following the war. This change is pursuant to the Balanced Budget Act of 1997.);

Persons who have obtained lawful permanent residence status and who entered the U.S. on or before August 22, 1996. This includes persons who did not obtain lawful permanent resident status until after August 22, 1996, also see 2146 ;

Persons granted parole or conditional entry status and who entered the U.S. on or before August 22, 1996. This includes persons who did not obtain such status until after August 22, 1996; and

Persons who do not meet one of the other qualifying statuses, but who have been battered or subject to extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent and who entered the U.S. on or before August 22, 1996. Such persons must have a pending or approved Violence Against Women Act (VAWA) case or family-based petition before INS. This also includes the person's children who have also been battered or subject to extreme cruelty.

American Indians born in Canada to whom the provisions of Section 289 of the INS apply and members of an Indian Tribe as defined in Section 4(e) of the Indian Self-Determination and Education Assistance Act. This provision is intended to cover Native Americans who are entitled to cross the U.S. border into Canada. This includes among others, the St. Regis Band of the Mohawk in New York State, the Micmac in Maine, and the Abanaki in Vermont.

Citizens of the Freely Associated States, also referred to as Compact of Free Association (COFA) migrants, of the Federated states of Micronesia, Republic of the Marshall Islands, or the Republic of Palau as of December 27, 2020 (Medicaid only – does not apply to CHIP coverage).

Afghan Humanitarian Parolees with an arrival date in the United States beginning July 31, 2021, or who were paroled after September 30, 2022, whose parole status has not been terminated by the Department of Homeland Security (DHS), as well as their qualifying family members, including those admitted after September 30, 2022. Afghan Humanitarian Parolees who do not meet these criteria are subject to the 5-year waiting period for Medicaid and CHIP. NOTE: This provision is contingent on DHS extension.

Afghans with a Special Immigrant Visa (SIV) and Afghan Special Immigrant Parolees (SI/SQ).

Ukrainian Humanitarian Parolees who paroled into the U.S. beginning February 24, 2022, until further notice ( NOTE : eligible status is contingent upon DHS extension).