Aliens Lawfully Admitted for Permanent Residence on or After August 22, 1996 510-05-35-65

(Revised 8/1/2024 ML 3854 )

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(N.D.A.C. Section 75-02-02.1-18)

Noncitizens admitted for Lawful Permanent Residence (LPR) on or after August 22, 1996 are banned from Medicaid, for five years from the date they entered the United States. After the five-year ban, noncitizens who are lawful permanent residents who can be credited with forty qualifying quarters of social security coverage may be eligible for Medicaid.

Verifications of this status are:

Form I-551 or I-151 (Permanent Resident Card) (these are also known as ‘green cards’ but are not green);

Foreign passport stamped LPR or I-551.

Note: If a qualified nonctizen's status has changed to LPR, the codes at 510-05-35-58 apply. If the code on the Permanent Resident Card is not in 510-05-35-58, the individual is subject to the 5–yr ban and forty qualifying quarter requirements.

Example, an asylee entered as an AS1 (which shows on his I-94 card). He has now become a LPR and his code on his I-551 is AS8. He is still an Asylee and a qualified noncitizen. If his LPR code had been issued as an SD6, which is not a qualified noncitizen code instead of the AS8, he is subject to the 5-year ban or the forty-quarter requirements.

Qualifying quarters of social security coverage, determined by Social Security Administration, can be obtained using the Verification Interfaces/40 Quarters in the eligibility system.

When the interface returns a total of forty quarters or more, no further action is needed. If the interface returns less than forty quarters, but the alien claims to have 40 quarters work history, gather the information regarding the amount of earnings by quarter and contact the Medicaid Eligibility unit for further assistance. Note: When determining the number of qualifying quarters an individual has, count: All qualifying quarters the noncitizen has due to work; All qualifying quarters worked by the noncitizen's spouse during their marriage, if the noncitizen remains married to such spouse or the spouse is deceased; and All qualifying quarters worked by a natural, adoptive, or stepparent of such noncitizen while the alien was under age 18. Qualifying quarters of an adoptive parent count from the quarter of the adoption. Qualifying quarters of a stepparent count from the quarter of marriage to the noncitizen's parent. Earnings of some federal civilian employees hired before 1984, earnings of employees of some states and local governments, and certain agricultural and domestic earnings are not calculated by Social Security. Do not count or deem any qualifying quarters for any quarter in which and individual received TANF, SNAP, Medicaid, or SSI benefits (including benefits received in another state), for at least one month in the quarter, or from any parent whose paternal rights have been terminated.

Adopted or biological children born outside the US may establish their automatic citizenship if verification is provided as described in the Secondary Verification of Citizenship table at 510-05-35-45.

Pregnant women who are lawfully present in the United States and are otherwise eligible for medical assistance are not subject to the 5-year waiting period/40 quarter requirement through the 12 month postpartum period.