202-2 Qualified Non-Citizen

Effective Date: October 1, 2026

Previous Policy

If an individual does not meet the citizenship requirements found in 202-2.1, they are “non-citizens”.  

To become eligible for CHIP, the non-citizen must meet certain immigration criteria to become a “qualified non-citizen.”  A qualified non-citizen is a non-citizen who is lawfully admitted for permanent residence under various sections of the Immigration and Nationality Act (INA). Some qualified non-citizens cannot receive CHIP but may only receive State CHIP for five years from the date they obtained qualified non-citizen status.

 

A.       Eligibility for Non-Citizens  

1. To determine if a non-citizen may be a qualified non-citizen the individual must have a current immigration status that is allowable for CHIP.  
   • The statuses for qualified non-citizens are found in Section B.
   • The status must be verified through SAVE or other immigration documents (see Table VI)
2. After determining that the individual is a qualified non-citizen it is necessary to determine if the individual is subject to the five-year bar. (See Section C.) 
3. If the non-citizen does not meet the requirements to be a qualified non-citizen or is still within the five-year bar, they may be eligible for State CHIP (1000).

It is important to remember that:

• An individual’s immigration status may change. 
  • Examples include COFA migrants requesting LPR status, Refugees requesting other status, etc. 
• Verification of immigration status may be completed by electronic means or through other acceptable verification methods (705).
• The status must be verified at each application, renewal, or when a change in immigration status is reported.  
• If a qualified non-citizen loses their immigration status, it is possible that they qualify under a different status.  Check for an updated status before making changes to eligibility.

B.       Statuses of Qualified Non-Citizens

A qualified non-citizen is an individual admitted to the U.S. in one of the immigration statuses listed below: 

1. Lawful Permanent Resident (LPR) 
   1. Any non-citizen who is lawfully admitted for permanent residence as an immigrant in accordance with the immigration laws. Also known as “permanent resident alien,” “resident alien permit holder,” and “Green Card holder.”  This includes Amerasian immigrants. 
      • Classes of admission in this category include:
        • Immediate Relatives of U.S. Citizens.  

• The largest category of new LPRs consists of immediate relatives of U.S. citizens (spouses, children, and parents of U.S. citizens age 21 and older). 

• Sponsored by Family

• Family members beyond immediate relatives may be eligible for immigration. A citizen or lawful permanent resident can sponsor immigrants within four categories. 

• Unmarried children of U.S. citizens and their children 
• Spouses and unmarried children of residents 
• Married children of U.S. citizens and their spouses and children
• Siblings of U.S. citizens (at least 21 years of age) and their spouses and children

• Immigration for Employment

• People with skills needed in the U.S. workforce or who want to invest in new U.S. jobs may be eligible to immigrate. 

• Refugees and Asylees

• The United States provides refuge to persons who have been persecuted or have a well-founded fear of persecution through two groups: a refugee group for persons outside the United States and their immediate relatives, and an asylum group for persons in the United States and their immediate relatives.

• Diversity

• The United States has a Diversity Immigrant Visa Program. People from countries with relatively low levels of immigration may apply for diversity visas, which are distributed by lottery. 

• Other

• These are other admission categories based on special legislation.  Some examples are:

• Parolees
• Nicaraguan and Central American Relief Act
• Haitian Refugee Immigration Fairness Act
• Immigration Reform and Control Act of 1986 (IRCA) 

2. Cuban and Haitian entrant
   1. 1. 1. An individual granted parole as a Cuban-Haitian Entrant (Status Pending) or any other special status or A national of Cuba or Haiti who is not subject to a final, non-appealable and legally enforceable removal order, and:
      • Was paroled into the United States and has not acquired any other status under the Immigration and Nationality Act; or
      • Is in removal proceedings under the Immigration and Nationality Act; or
      • Has an application for asylum pending with USCIS.A non-citizen who is admitted as an Amerasian immigrant (these individuals may enter as refugees or lawful permanent residents.)
3. American Indian born in Canada who is at least one-half American Indian. They are considered lawful permanent residents, but will not have INS documents.  A statement from the tribe is acceptable verification. They are not subject to the five-year bar for eligibility.
4. Citizens of the Freely Associated States (COFA)

a. A citizen of the Freely Associated States of: The Federated States of Micronesia (FSM), the Republic of the Marshall Islands (RMI), and the Republic of Palau (Palau).

C.       Application of the five-year Bar

1. Exceptions to the five-year Bar

Resident non-citizens who have been granted certain non-citizen statuses or meet certain conditions can be eligible for CHIP and are not subject to the five-year bar regardless of their entry date. They must meet the eligibility requirement for CHIP. Resident qualified non-citizens not subject to the five-year bar include an individual who:

1. Is admitted as a refugee under section 207 of the Immigration and Nationality Act (INA).
2. Is granted asylum under section 208 of the INA.
3. Deportation has been withheld under section 243(h) of the INA (prior to September 30, 1996) or under section 241(b)(3) of the INA (after September 30, 1996).
4. A Cuban and Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980.
5. Admitted as an Amerasian immigrant.
6. An American Indian born in Canada who is at least one-half American Indian, or who is a member of an Indian tribe (as defined in section 450b(e) of title 25).
7. Is a veteran with an honorable discharge from the Armed Forces of the United States. The spouse and unemancipated dependent children of the veteran may also qualify if they too are qualified non-citizens and are considered to be household members. The spouse of a deceased veteran who has not remarried may also qualify if he or she is a qualified non-citizen.
8. Is on active duty in the Armed Forces of the United States. A person on active duty for training does not qualify under this category. The spouse and unemancipated dependent children of the person on active duty may also qualify if they are qualified non-citizens and are considered to be household members.
1. A citizen of the Freely Associated (COFA) States of: The Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau.

• If they have not applied for LPR status the five-year bar does not apply. If they have been granted LPR status, the five-year bar applies.

2. Entry after August 22, 1996

Immigrants who entered the country on or after August 22, 1996 and who do not meet one of the exceptions listed above, are subject to the five-year bar.

1. Use the actual date of entry only to determine if the five-year bar applies.  This may or may not be the date on the person's INS Alien registration card.
2. Once you have determined that the five-year bar applies, the qualified non-citizen is not eligible for CHIP services for five years from the date that he or she obtained qualified non-citizen status.  This will be the date on the immigrant's INS Alien registration card, which may be different from the actual date of entry.