"Qualified Aliens" with entry date before August 22, 1996

Individuals are not subject to the 5-year bar for health care coverage if they entered the U.S. before August 22, 1996 even if they did not obtain “qualified alien” status until sometime after they entered as long as they continuously resided in the U.S. from the earlier date. “Continuously residing” means the individual only left the U.S. for brief visits.

Example #1

An individual came to the U.S. in 1992 as undocumented and resided in the U.S. since that time, making annual trips to her country of origin to visit parents. In July 1999 she self-petitioned under the Violence Against Women Act (VAWA) and received a notice that she and her children have a "prima facie case" (as described in WAC 388-424-0001 ). She is a "qualified alien" and not subject to the five- year bar because her entry date is before August 22, 1996. She and her children are eligible for federally-funded Apple Health.

Example #2

An individual came to the U.S. in 1992 as a visitor for three months. The individual returned in 1994 as a student and returned to his country of origin in 1995. He returned to the U.S. again after he obtained lawful permanent resident status on October 10, 2011. Since he did not continuously reside in the U.S. prior to August 22, 1996, his date of entry is October 10, 2011. He is not a veteran or on active duty in the U.S. military (or the spouse or dependent child of such a person). As a result, he is not eligible for federally-funded Apple Health until October 10, 2016. He may be eligible for state-funded programs, such as Medical Care Services or the Apple Health AEM program.