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OBSOLETE POLICY CHIP MANUAL |
Effective: January 1, 2010 - April 30, 2010
Alien Quick Reference Status Chart
A qualified alien is an alien who is lawfully admitted for permanent residence under various sections of the Immigration and Nationality Act (INA). Not all qualified aliens are eligible for CHIP assistance. Some qualified aliens are barred from receiving CHIP for five years from the date they obtained qualified alien status. After determining that an alien is a qualified alien, it is necessary to determine if the alien is subject to the five year bar. (See 202-2 #3).
Qualified Aliens include the following:
A. An alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act. This includes Amerasian immigrants. Proof is an Immigration and Naturalization Service (INS) Form I-151 or I-551 or INS Form I-94 with class codes AM1, AM2, or AM3.
• Iraqi and Afghan immigrants who enter as Lawful Permanent Residents may be granted Special Immigrant status (either before or after they enter the country.) Two laws allow these Iraqi and Afghan Special Immigrants to be treated as refugees for the first 8 or 6 months, respectively, after their date of entry or the date they are granted this Special Immigrant status. See #4 below for the policy governing these immigrants.
B. An alien who is admitted as a refugee under section 207 of the INA. Proof is an INS Form I-94.
C. An alien who is granted conditional entry under section 203(a)(7) of the INA as in effect prior to April 1, 1980. Proof is an INS Form I-94 stamped “Refugee -Conditional Entry.”
D. An alien who is granted asylum under section 208 of the INA. Proof is an INS Form I-94 and a letter establishing this status.
E. An alien who is paroled into the United States under section 212(d)(5) of the INA for a period of at least 1 year. Proof is an I-94 stating that he has been paroled under Section 212(d)(5) of the INA or stamped "Cuban/Haitian Entrant (Status Pending) Reviewable January 15, 1981."
F. An alien whose deportation is being withheld under section 243(h) of the INA (status granted prior to September 30, 1996), or under section 241(b)(3) after September 30, 1996. Proof is an order from an immigration judge showing that deportation has been withheld. If deportation is being withheld under another section of the INA, the person is not a qualified alien.
G. An alien who is granted status as a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980).
H. An alien who is admitted as an Amerasian immigrant (these individuals may enter as refugees or lawful permanent residents.)
I. An 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.
J. Battered aliens, who meet the conditions set forth in §431(c) of PRWORA, as added by §501 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, P.L. 104-208 (IIRIRA), and amended by §5571 of the Balanced Budget Act of 1997, P.L. 105-33 (BBA), and §1508 of the Violence against Women Act of 2000, P.L. 106-386. Section 431(c) of PRWORA, as amended, is codified at 8 USC 1641(c).
K. Victims of a severe form of trafficking, in accordance with §107(b)(1) of the Trafficking Victims Protection Act of 2000, P.L. 106-386.
Note: Citizens of Freely Associated States are allowed to freely enter and reside in the U.S. A citizen of a Freely Associated State who meets state residency rules, but who does not meet qualified alien status is not eligible for CHIP benefits. The Freely Associated States include Micronesia, Palau, and the Marshall Islands. Individuals from the Freely Associated States may apply to INS for permanent resident status.
Some qualified aliens are barred from receiving CHIP for five years from the date they obtained qualified alien status.
Only immigrants who entered the country on or after August 22, 1996 can be subject to the five-year bar.
Aliens who have been granted certain alien statuses or meet certain conditions can be eligible for CHIP and are not subject to the five-year bar regardless of their entry date.
A. Exceptions to the Five-Year-Bar
1) An alien who is admitted as a refugee under section 207 of the Immigration and Nationality Act (INA).
2) An alien who is granted asylum under section 208 of the INA.
3) An alien whose 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) An alien granted status as a Cuban and Haitian entrant as defined in Section 501(e) of the Refugee Education Assistance Act of 1980.
5) An alien admitted as an Amerasian immigrant.
6) An American Indian born in Canada who is at least one-half American Indian.
7) A qualified alien who 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 aliens and are considered to be household members. The unremarried spouse of a deceased veteran may also qualify if he or she is a qualified alien.
8) A qualified alien who 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 aliens and are considered to be household members.
9) Hmong and other Highland Lao tribal peoples who have been lawfully admitted to the United States for permanent residence, and who fought on behalf of the United States during the Vietnam conflict are considered Veterans and therefore not subject to the five-year ban on eligibility.
10) Victims of a severe form of trafficking, in accordance with §107(b)(1) of the Trafficking Victims Protection Act of 2000, P.L. 106-386.
11) Legal permanent residents who first entered the country under one of the exempt categories above and who later converted to LPR status.
Entry Prior to August 22, 1996
All other qualified aliens who can demonstrate that they entered the United States PRIOR TO August 22, 1996 and have continuously resided in the U.S. from their date of entry through the date they became a qualified alien, can be eligible for CHIP immediately upon obtaining qualified alien status and are not subject to the five-year bar.
1) When determining whether or not the five year bar applies, the date of entry may be a date other than the date on the individual's INS alien registration card.
2) When determining if a person entered the United States before August 22, 1996, it does not matter if the immigrant entered the U.S. legally or illegally, or whether a legal entrant maintained a legal status with INS for the whole time they have resided in the U.S.
3) When determining if a person has resided in the U.S. continuously, any single absence of more than 30 days or multiple absences totaling more than 90 days is considered to interrupt the continuous residence.
4) The applicant's qualified alien status must be valid at the time of application.
Entry on or 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 under paragraph A. above, are subject to the five-year bar.
1) Use the actual date of entry only to determine whether or not 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 alien is not eligible for CHIP for five years from the date that he or she obtained qualified alien status. This will be the date on the immigrant's INS alien registration card, which may be different from the actual date of entry.
Aliens Who Are Receiving SSI Benefits
Certain aliens who were receiving SSI benefits on August 22, 1996 and who are still getting SSI benefits continue to qualify for medical assistance even if they cannot prove that they are qualified aliens.
Qualified aliens who were residing in the U.S. before August 22, 1996 and who later become disabled may be eligible for SSI benefits without having to meet additional SSI requirements. See Medicaid policy Section 223-3 for more information about "grand-fathered" aliens and SSI eligibility. This section also describes the additional requirements that qualified aliens must meet to be eligible for SSI benefits.
Certain aliens have been able to receive SSI for up to 7 years. A new law will allow aliens meeting specific requirements to receive up to 2 more years of SSI benefits beyond the original 7 years. This can include aliens whose SSI stopped because they had received 7 years of benefits, as well as current recipients. This means they can receive SSI benefits for a total of 9 years. As long as an alien is receiving SSI payments, treat the alien as an SSI recipient to determine eligibility for CHIP. The 2 year extension ends September 30, 2011.
Iraqi and Afghan Special Immigrants (See links to charts below)
Federal laws allow lawful permanent resident (LPR) immigrants from Iraq and Afghanistan who are granted a Special Immigrant status to receive the same types of benefits that refugees can receive for a limited period of time. The special status applies to the individual and their dependent family members who enter either at the same time, or follow later.
• Iraqi Special Immigrants can receive Medicaid, CHIP or Refugee Medicaid for up to 8 months from the date they enter the United States, or from the date they receive the Special Immigrant status, if their status is adjusted after their original date of entry.
• Afghan Special Immigrants can receive Medicaid, CHIP or Refugee Medicaid for up to 6 months from the date they enter the United States, or from the date they receive the Special Immigrant status, if their status is adjusted after their original date of entry.
This time-limited coverage has to end after eight months.
Iraqi and Afghan Special Immigrants are LPR’s, not refugees. At the end of the 8 months they are subject to the 5-year bar. The 5-year bar begins on the date of entry to the U.S. as a LPR, so part of it will be over. During the remaining months of their 5-year-bear, they do not qualify for CHIP.
(Use the charts below to find what documents are needed to verify their status.)
Qualified Alien Categories for CHIP Eligibility