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130 CMR: DIVISION OF MEDICAL ASSISTANCE

Trans. by E.L. 240 Rev. 08/19/22 MASSHEALTH CITIZENSHIP AND IMMIGRATION Chapter 518 Page 518.003 (3 of 4)

(3) Nonqualified Individuals Lawfully Present. Nonqualified individuals lawfully present are not defined as qualified under PRWORA, 8 U.S.C. § 1641, but are lawfully present. Nonqualified individuals lawfully present are as follows: (a) in a valid nonimmigrant status as otherwise defined in 8 U.S.C. § 1101(a)(15) or otherwise under immigration laws (as defined in 8 U.S.C. § 1101(a)(17)); (b) paroled into the United States in accordance with 8 U.S.C. § 1182(d)(5) for less than one year, except for an individual paroled for prosecution, for deferred inspection or pending removal proceedings; (c) belong to one of the following classes: 1. granted Temporary Resident Status in accordance with 8 U.S.C. § 1160 or 1255a, respectively; 2. granted Temporary Protected Status (TPS) in accordance with 8 U.S.C. §1254a, and individuals with pending applications for TPS who have been granted employment authorization; 3. granted employment authorization under 8 CFR 274a.12(c); 4. Family Unity beneficiaries in accordance with section 301 of Public Law 101– 649; 5. under Deferred Enforced Departure (DED) in accordance with a decision made by the President; 6. granted Deferred Action status, except for applicants or individuals granted status under the United States Department of Homeland Security (DHS) Deferred Action for Childhood Arrivals Process (DACA); 7. granted an administrative stay of removal under 8 CFR part 241; 8. beneficiary of approved visa petition who has a pending application for adjustment of status; (d) have a pending application for asylum under 8 U.S.C. § 1158, or for withholding of removal under 8 U.S.C. § 1231, or under the Convention Against Torture Treaty who 1. have been granted employment authorization; or 2. are younger than 14 years old and have had an application pending for at least 180 days; (e) have been granted withholding of removal under the Convention Against Torture Treaty; or (f) is a child who has a pending application for Special Immigrant Juvenile status, as described in 8 U.S.C. § 1101(a)(27)(J).