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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 6 6. Seven-Year Eligibility Time Limit for Certain Non-Citizens

a. General Rule

Non-citizens admitted into the U.S. by the USCIS under a specific section of the INA identified below are qualified non-citizens and are potentially eligible for TennCare Medicaid and CoverKids for the first seven years after refugee, asylee, or other humanitarian status is granted.

b. Non-Citizens Subject to Seven-Year Eligibility Time Limit

Non-citizens granted a specific humanitarian status and subject to the seven-year eligibility time limit include:

i. Refugees admitted under Section 207 of the INA (8 USC 1157); ii. Non-citizens granted asylum under Section 208 of the INA (8 USC 1158); iii. Cuban-Haitian Entrant, as defined in Section 501(e) of the Refugee Education Assistance Act of 1980; iv. Non-citizens whose deportation is withheld under the INA (8 USC 1253) as in effect prior to April 1, 1997 or 8 USC 1231(b)(3), as amended; v. Non-citizens admitted to the U.S. as an Amerasian Immigrant pursuant to Section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988; vi. Afghan non-citizens granted Special Immigrant Status under Section 602(b) of the Afghan Allies Protection Act of 2009 as described in the INA (8 USC 1101(a)(27)); vii. Iraqi non-citizens granted Special Immigrant Status under the National Defense Authorization Act for Fiscal Year 2008 as described in the INA (8 USC 1101(a)(27)); viii. Spouses and unmarried children under age 21 of Afghan and Iraqi Special Immigrants who accompany or later join the Special Immigrant; ix. UHPs as defined in Section 401 of the Additional Ukraine Supplemental Appropriations Act, 2022; and x. Cuban or Haitian parolees admitted under 212(d)(5)(A) of the INA.

c. Expiration of Seven-Year Eligibility Time Limit

A non-citizen who is subject to the seven-year eligibility limit and does not have a change in immigration status or does not meet one of the exemptions listed in the following section will lose eligibility the first month after the seven-year anniversary date of entrance into the U.S. (or date that deportation was withheld under the INA (8 USC 1231 and 1253)).

d. Continuing Eligibility After the Seven-Year Eligibility Time Limit

A non-citizen who is subject to the seven-year eligibility time limit can remain eligible beyond the seven-year period if at the time of application or at any time during or after the seven-year period the USCIS determines that the non-citizen continues to be a qualified non-citizen and that she is one of the following: