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Families and Children Manual Section: Non-Financial Eligibility Requirements Policy Manual Number: 005.015 Chapter: Qualified Non-Citizens

August 1, 2024

Division of TennCare 3 i. Non-citizens paroled into the U.S. in accordance with 8 USC 1182(d)(5) for less than one year, except for an individual paroled for prosecution, for deferred inspection or pending removal proceedings; ii. Non-citizens granted temporary resident status in accordance with 8 USC 1160 or 1255a; iii. Non-citizens granted Temporary Protected Status (TPS) in accordance with 8 USC 1254a and individuals with pending applications for TPS who have been granted employment authorization; iv. Non-citizens granted employment authorization under 8 CFR 274a.12(c); v. Family Unity beneficiaries in accordance with 8 USC 1182; vi. Non-citizens under Deferred Enforced Departure (DED) in accordance with a decision made by the President of the United States; vii. Non-citizens granted Deferred Action status; viii. Non-citizens granted an administrative stay of removal under 8 CFR 241; ix. Beneficiaries of approved visa petitions who have a pending application for adjustment of status; x. Individuals with a pending application for asylum under 8 USC 1158, or for withholding of removal under 8 USC 1231 or under the Convention Against Torture, who: 1. Have been granted employment authorization; or 2. Are under the age of 14 and have had an application pending for at least 180 days; xi. Non-citizens who have been granted withholding of removal under the Convention Against Torture (8 CFR 208.16); xii. Children who have a pending application for Special Immigrant Juvenile status as described in 8 USC 1101(a)(27)(J); xiii. Non-citizens lawfully present in American Samoa under the immigration laws of American Samoa; xiv. Venezuelan parolees admitted under 212(d)(5)(A) of the INA; and xv. Nicaraguan parolees admitted under 212(d)(5)(A) of the INA.

c. Non-Citizens Admitted for a Temporary Purpose

Some non-citizens are lawfully admitted to the U.S. for a temporary or specified period of time. They include foreign students, visitors, foreign government representatives on official business, crewmen on shore leave, treaty traders and investors and families, temporary workers, including agricultural contract workers, and members of the foreign press, radio, film and other media.

Examples of the types of documentation that a non-qualified or ineligible non-citizen may possess include:

i. Form I-185, Canadian Border Crossing Card; ii. Form I-186, Mexican Border Crossing Card; iii. Form SW-434, Mexican Border Visitor’s Permit; and iv. Form I-95A, Crewman’s Landing Permit.