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Page 7 of 7 § 10:71-3.3 Citizenship; alien status-documentation requirements permanent resident status in March 2007 and was absent from the U.S. for more than 180 days. Since the applicant received his next permanent residence card on July 15, 2014, he was ineligible for Medicaid benefits for five years or until July 15, 2019. K.K. v. Somerset Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 14685-15, 2016 N.J. AGEN LEXIS 1181, Final Administrative Determination (July 27, 2016). Medicaid applicant was properly denied eligibility on a finding that he was not a permanent resident for five or more years. Even though the applicant had been a permanent U.S. resident since July 15, 1991, he "gave up" his permanent resident card on March 15, 2007 and only obtained a new permanent resident status card on July 15, 2014. His conduct in "giving up" his permanent resident card in March 2007 meant that he had "abandoned or relinquished his status" within the meaning of 8 U.S.C.S. § 1101 and thus was "regarded as seeking admission into the United States for purposes of the immigration laws" at the time he re-established his permanent resident status in 2014. That being so, he did not satisfy the five-year requirement. K.K. v. Somerset Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 14685-15, 2016 N.J. AGEN LEXIS 548, Initial Decision (June 27, 2016). Order of Supervision from U.S. Immigration and Customs Enforcement indicating that a non-citizen had not been deported and imposing supervision requirements did not adequately establish that the non-citizen's immigration status was such that he might be eligible for Medicaid. Rather, the non-citizen was properly required to provide more sufficient documentation such as an order from an immigration judge specifically stating that his deportation has been withheld per 243(h) of the Immigration and Nationality Act, 8 U.S.C.S. § 1253. A.L. v. DMAHS and Union Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 00583-14, 2014 N.J. AGEN LEXIS 946, Administrative Action (April 11, 2014). ALJ properly concluded that the fact that an applicant for Medicaid was a resident alien did not disqualify her from Medicaid eligibility where, as here, the applicant had been granted asylum by the U.S. Citizenship and Immigration Service. M.A. v. DMAHS and Essex Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 18441-13, 2014 N.J. AGEN LEXIS 900, Final Administrative Determination (March 28, 2014). NEW JERSEY ADMINISTRATIVE CODE Copyright © 2025 by the New Jersey Office of Administrative Law End of Document