Clarifying information

All applicants for Apple Health programs must provide their citizenship/immigration status. Immigration status determines what program an applicant is eligible for, including whether the program is state-funded or federally-funded. See Definitions (WAC 182-503-0535) for more information regarding citizenship and the different immigration statuses.

For some immigration statuses, the date of entry is an important factor in determining eligibility for Apple Health programs. See Date of Entry for more information.

All individuals fall into one of the following groups:

U.S. Citizens and U.S. Nationals

Lawfully Present Qualified Immigrants Must meet 5-year bar; or Exempt from 5-year bar

Lawfully Present Nonqualified Immigrants

Undocumented Individuals

See the Citizenship and Immigration Status Guide for detailed information regarding each of the groups.

Some noncitizens who served in the military may be considered a veteran when they meet the following conditions:

Served in any branch of the U.S. armed services,

Fulfilled the minimum active-duty service requirements or 24 months of continuous active service, whichever is less, and

Was honorably discharged or released.

Veterans also include individuals who died while on active duty or after being released from active duty. Surviving spouses who have not remarried and dependent children of veterans are treated as veterans for purposes of this rule.

5-year bar and qualified alien status

The 5-year bar does not apply to individuals that have obtained a “qualified alien” status within the last 5 years if they entered the U.S. prior to 8/22/96 and have continuously lived in the U.S. since 8/22/96. See WAC 182-503-0535 .

Lawful Permanent Resident (LPR) and the 5-year bar

The code on the Permanent Resident card, also known as the green card indicates how a LPR entered the U.S. If an individual entered the U.S. under a status that is exempt from the 5-year bar and they have had LPR status for less than 5 years, they are still exempt from the 5-year bar.

Employment Authorization Document (EAD) for verification

An EAD does not in itself verify immigration status. EADs contain coded information that indicates an individual's immigration status. Immigrants with a variety of statuses may be issued an EAD. An expired EAD does not mean that a person's immigration status has expired and should not in itself be a reason to deny benefits.

Reasonable Opportunity Period (ROP)

Individuals who are otherwise eligible for Apple Health are conditionally approved and given a ROP of up to 90 days to obtain and provide verification of their status. At the end of the 90 days, verification of the status or verification of the good faith effort to obtain the verification must be provided or coverage may terminate.

Overstaying a visa or working without permission

When an individual overstays their visa or works without permission from United States Citizenship and Immigration Services (USCIS), they are considered to be in violation of status. If an individual is in violation of status and still in the U.S. without proof of pending status change or extension of status, these nonimmigrants are considered undocumented.

Example: An individual applies for benefits and provides an I-94 card (Arrival/Departure Record) with a "B2" code that is not expired. According to the National Immigration Law Center (NILC) Guide, "B2" signifies tourist status. A person with a tourist status is considered a lawfully present nonimmigrant and if otherwise eligible (including residency requirements) may qualify for Apple Health for Kids or Pregnant individuals.

Example: A five-person family applies for benefits. The father has a Lawful Permanent Resident card (I-551) but the mother and three children only have Employment Authorization Documents (EADs). All four EADs are coded "A15". According to the NILC Guide, the "A-15" code indicates "V" status. These are spouses and children of lawful permanent residents whose visa petitions have been pending for at least three years. Immigrants with "V" status are lawfully present nonqualified aliens. These aliens may qualify for state benefits or federal Apple Health for Kids or Pregnant Individuals. The father may be eligible for federal benefits depending on other factors such as date of entry into the U.S.