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OBSOLETE POLICY CHIP MANUAL |
Effective: July 1, 2008 - December 31, 2009
Previous Policy Reference
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. After determining that an alien is a qualified alien, it is necessary to determine if the alien is barred from CHIP (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.
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.
Eligibility of qualified aliens depends upon their date of “entry” into the U.S. The date of “entry” when used to decide if a qualified alien is barred from receiving CHIP benefits, refers to the date the person actually came to the U.S. and began residency. It may not be the date on a person’s INS alien registration card.
A. Entry on or after August 22, 1996
Some qualified aliens who enter the U.S. on or after August 22, 1996 are not eligible for CHIP for five years from the date of “entry.” Qualified aliens who fall under one of the exceptions listed below may be eligible for CHIP. They are not barred for five years from their date of entry.
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.
B. Entry Before August 22, 1996
The five year bar on eligibility does not apply to any qualified alien who entered the United States before August 22, 1996, and has continued living in the U.S., even if they did not meet qualified alien status upon entry. However, they are not or CHIP until they become a qualified alien. An alien who has been living in the U.S. since before August 22, 1996 may be able to become a qualified alien. They need to apply to INS for residency status.
Iraqi and Afghan Special Immigrants (See charts below)
Two 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.
Eligibility for Afghan Special Immigrants under this law is scheduled to end on September 30, 2008. Cases must be scheduled to close on September 30, 2008 even if they have not received the full six months of coverage. If Congress extends this coverage, the individual(s) may receive the remainder of their previous coverage.
Eligibility for Medicaid, CHIP or Refugee Medicaid cannot begin earlier than December 26, 2007. When retroactive coverage is available, it cannot go back any earlier than the month of the person's date of entry or date of adjustment to Special Immigrant status, or December 26, 2007, whichever is later. This time limited coverage has to end after the eight or six months. This applies to all programs.
Iraqi and Afghan Special Immigrants are LPR’s, not refugees. At the end of the 6 months for Afghans or 8 months for Iraqis, these individuals and their families they are subject to the 5-year bar like other Lawful Permanent Residents. These immigrants do not have sponsors. See Medicaid 205-4.
(Use the charts below to find what documents are needed to verify their status.)