Page 2

2. An alien in nonimmigrant status who has not violated the terms of the status under which he or she was admitted or to which he or she has changed after admission; 3. An alien who has been paroled into the United States for less than 1 year, except for an alien paroled for prosecution, for deferred inspection or pending removal proceedings; 4. An alien who belongs to one of the following classes: a. Aliens currently in temporary resident b. Aliens currently under Temporary Protected Status (TPS), and pending applicants for TPS who have been granted employment authorization; c. Aliens who have been granted employment authorization; d. Family Unity beneficiaries; e. Aliens currently under Deferred Enforced Departure (DED) pursuant to a decision made by the President; f. Aliens currently in deferred action status; or g. Aliens whose visa petition has been approved and who have a pending application for adjustment of status; 5. A pending applicant for asylum or for withholding of removal or under the Convention Against Torture who has been granted employment authorization, and such an applicant under the age of 14 who has had an application pending for at least 180 days; 6. An alien who has been granted withholding of removal under the Convention Against Torture; 7. A child who has a pending application for Special Immigrant Juvenile status; 8. An alien who is lawfully present in the Commonwealth of the Northern Mariana Islands; or 9. An alien who is lawfully present in American Samoa under the immigration laws of American Samoa.

Exception: An individual with deferred action under the Department of Homeland Security's deferred action for the childhood arrivals process (DACA) shall not be considered lawfully present with respect to any of the above categories in paragraphs (I) through (9) of this definition.

Additional Verification for Lawful Permanent Resident (LPR) LPR’s must meet the Five-year waiting period (Five-Year Bar) or have 40 qualifying quarters of work (10 years) to meet the citizenship and immigration status requirement for Medicaid. If the qualifying quarters of work are not met and a noncitizen has a sponsor with an Affidavit of Support (I-864), then the sponsors’ income and resources will be evaluated for determining eligibility. 1) Five-Year Bar. LPR’s entering the U.S. on or after August 22, 1996, are NOT eligible for Medicaid for five (5) years after their date of entry and after being in a