17.01 Definitions

U.S. Citizen (1) An individual born in the 50 states, the District of Columbia, Puerto Rico, Guam, Virgin Islands, and the Northern Mariana Islands (except for individuals born to foreign diplomats); (2) A naturalized citizen; or (3) An individual who otherwise qualifies for U.S. citizenship under § 301 of the Immigration and Nationality Act (INA), 8 USC §§ 1401. Citizenship6. Includes status as a “national of the United States,” and includes both citizens of the United States and non-citizen nationals of the United States. National7 (1) An individual who: (i) Is a U.S. citizen; or (ii) Though not a citizen, owes permanent allegiance to the United States. (2) For purposes of determining health-benefits eligibility, including verification requirements, citizens and non-citizen nationals of the United States are treated the same. (3) As a practical matter, non-citizen nationals include individuals born in American Samoa or Swains Island. Qualified non-citizen means (1) A “Qualified alien,” as defined in §§ 8 USC 1641(b) and (c), who is: 4 45 CFR § 155.305(f)(6). 5 This section establishes the health-benefits citizenship and immigration-status eligibility requirements. Rules covering the related attestation and verification requirements and outlining documentary evidence are set forth in § 54.00. 6 42 CFR § 435.4. 7 8 USC § 1101(a)(22). Nonfinancial eligibility requirements Part 3 – Page 4 (Sec.17.00, Sub.17.01) (i) A non-citizen who is lawfully admitted for permanent residence under the Immigration and Nationality Act [8 USC 1101 et seq.]; (ii) A non-citizen who is granted asylum under section 208 of such Act [8 USC 1158]; (iii) A refugee who is admitted to the United States under section 207 of such Act [8 USC 1157]; (iv) A non-citizen who is paroled into the United States under section 212(d)(5) of such Act [8 USC 1182(d)(5)] for a period of at least 1 year; (v) A non-citizen whose deportation is being withheld under section 243(h) of such Act [8 USC 1253] (as in effect immediately before the effective date of section 307 of division C of Public Law 104-208) or section 241(b)(3) of such Act [8 USC 1231(b)(3)] (as amended by section 305(a) of division C of Public Law 104-208); (vi) A non-citizen who is granted conditional entry pursuant to section 203(a)(7) of such Act [8 USC 1153(a)(7)] as in effect prior to April 1, 1980; (vii) A non-citizen who is a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980); (viii) An individual who lawfully resides in the United States in accordance with a Compact of Free Association referred to in 8 USC 1612(b)(2)(G)8; (ix) A non-citizen who Has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse or parent’s family residing in the same household as the non- citizen and the spouse or parent consented to, or acquiesced in, such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and Has been approved or has a petition pending which sets forth a prima facie case for (I) Status as a spouse or a child of a United States citizen pursuant to clause (ii), (iii), or (iv) of section 204(a)(1)(A) of the Immigration and Nationality Act [8 USC 1154(a)(1)(A)(ii), (iii), (iv)]; (II) Classification pursuant to clause (ii) or (iii) of section 204(a)(1)(B) of the Act [8 USC 1154(a)(1)(B)(ii), (iii)]; (III) Suspension of deportation under section 244(a)(3) of the Immigration and Nationality Act [8 USC 1254(a)(3)] (as in effect before the title III-A effective date in section 309 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996); (IV) Status as a spouse or child of a United States citizen pursuant to clause (i) of section 204(a)(1)(A) of such Act [8 USC 1154(a)(1)(A)(i)], or classification pursuant to clause (i) 8 Consolidated Appropriations Act of 2021, § 208. Nonfinancial eligibility requirements Part 3 – Page 5 (Sec.17.00, Sub.17.01) of section 204(a)(1)(B) of such Act [8 USC 1154(a)(1)(B)(i)]; or (V) Cancellation of removal pursuant to section 240A(b)(2) of such Act [8 USC 1229b(b)(2)]; (x) A non-citizen Whose child has been battered or subjected to extreme cruelty in the United States by a spouse or a parent of the non-citizen (without the active participation of the non-citizen in the battery or cruelty), or by a member of the spouse or parent’s family residing in the same household as the non-citizen and the spouse or parent consented or acquiesced to such battery or cruelty, and the non-citizen did not actively participate in such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and Who meets the requirement of 8 USC 1641(c)(1)(B); (xi) A non-citizen child who Resides in the same household as a parent who has been battered or subjected to extreme cruelty in the United States by that parent’s spouse or by a member of the spouse’s family residing in the same household as the parent and the spouse consented to or acquiesced to such battery or cruelty, but only if (in the opinion of the agency providing such benefits) there is a substantial connection between such battery or cruelty and the need for the benefits to be provided; and Who meets the requirement of 8 USC 1641(c)(1)(B); or (xii) A non-citizen who has been granted nonimmigrant status under section 101(a)(15)(T) of the Immigration and Nationality Act [8 USC 1101(a)(15)(T)] or who has a pending application that sets forth a prima facie case for eligibility for such nonimmigrant status. (2) Non-citizens who are treated as refugees under other Federal statutes: (i) Non-citizens who are victims of a severe form of trafficking in persons, as described in 22 USC 7105(b)(1)(C), or who are classified as nonimmigrants under section 101(a)(15)(T)(ii) of the Immigration and Nationality Act (8 USC 1101(a)(15)(T)(ii)), pursuant to 22 USC 7105(b)(1)(A); (ii) Iraqi and Afghan special immigrants, as described in Public Law 110-181, section 1244(g) (2008), Public Law 111-8, section 602(b)(8) (2009), Public Law 111-118, section 8120(b) (2010), and Public Law 113-291, section 1227 (2014); (iii) Amerasian immigrants, described in Public Law 100-202, section 101(e) (8 USC 1101 note); (iv) Certain Afghan parolees, in accordance with Section 2502 of Public Law 117-43, as amended; and (v) Certain Ukrainian parolees, in accordance with Section 401 of Public Law 117-128, as amended. [Reserved] [Reserved] Lawfully present in the United States. An individual who is a non-citizen and who: Nonfinancial eligibility requirements Part 3 – Page 6 (Sec.17.00, Sub.17.01) (1) Is a qualified non-citizen, as defined in paragraph (d) of this subsection; (2) Is in a valid nonimmigrant status, as defined in 8 USC § 1101(a)(15) or otherwise under the immigration laws (as defined in 8 USC § 1101(a)(17)); (3) Is paroled into the United States in accordance with 8 USC § 1182(d)(5) for less than 1 year, except for a non-citizen paroled for prosecution, for deferred inspection or pending removal proceedings; (4) Is granted temporary resident status in accordance with 8 USC § 1160 or 1255a; (5) Is granted Temporary Protected Status (TPS) in accordance with 8 USC § 1254a; (6) Is granted employment authorization under 8 CFR § 274a.12(c); (7) Is a Family Unity beneficiary in accordance with § 301 of Public Law 101-649, as amended; or section 1504 of the LIFE Act Amendments of 2000, title XV of H.R. 5666, enacted by reference in Public Law 106-554 (see § 1504 of App. D to Pub L. 106-554); (8) Is covered by Deferred Enforced Departure (DED) in accordance with a decision made by the President; (9) Is granted deferred action, except as described at subsection (16) below; (10) Has a pending application for adjustment of status; (11) Is an individual: (i) With a pending application for asylum under 8 USC § 1158 for withholding of removal under 8 USC § 1231(b)(3)(A), or for relief under the Convention Against Torture; and (ii) Under the age of 14; (12) Has been granted withholding of removal under the Convention Against Torture; or (13) Has a pending or approved petition for Special Immigrant Juvenile classification as described in 8 USC § 1101(a)(27)(J). (14) [Reserved] (15) [Reserved] (16) Exception. An individual with deferred action under DHS’s deferred action for childhood arrivals process, as described in the Secretary of Homeland Security's June 15, 2012, memorandum and 8 CFR § 236.22, shall not be considered to be lawfully present with respect to any of the above categories in paragraphs (1) through (13) of this definition. Nonfinancial eligibility requirements Part 3 – Page 7 (Sec.17.00, Sub.17.02) Non-citizen.9 Has the same meaning as the term “alien,” as defined in section 101(a)(3) of the INA, (8 USC § 1101(a)(3)) and includes any individual who is not a citizen or national of the United States, defined at 8 USC § 1101(a)(22).