Eligible Non-citizens

In addition to meeting one of the "Qualified" criteria listed above, non-citizens must meet one of the following "Eligible" criteria:

A qualified non-citizen who has lived in the United States for 5 years or longer. The five years does not have to be consecutive.

The 5-year waiting period begins on the date the immigrant obtains status as a qualified non-citizen through the USCIS.

Certain American Indians born abroad and Hmong or Highland Laotian tribal members.

U.S. veteran or U.S. active military duty. There is no time limit.

Spouse or dependent children of a U.S. veteran or U.S. active military personnel. There is no time limit except for a dependent child. When a dependent child is no longer dependent, the child loses "eligible" non-citizen status obtained from a veteran or active military duty parent.

Lawful permanent resident who meets one of the following criteria:

A lawful permanent resident that has lived in the United States for at least 5 years.

An individual who has 40 qualifying quarters.

A child under the age of 18 regardless of entry date into the United States.

An individual receiving disability payments or assistance (including disability related Medicaid) as described in policy 254 , regardless of when they entered the United States.

Note: For sponsored non-citizens, see additional requirements in policy 260