MEDICAL ASSISTANCE ELIGIBILITY HANDBOOK

CITIZEN/ALIEN

APPENDIX A

For Medical Assistance (MA) purposes, information on aliens is listed below in four sections. Those aliens described in Section A are eligible for full MA benefits as long as they meet all other conditions of eligibility. Those aliens described in Section B are eligible for full MA benefits only if the U.S. Citizenship and Immigration Service (USCIS) does not plan to enforce departure. If the USCIS plans to deport any alien listed in Section B, that alien is only eligible for MA benefits for an emergency medical condition. Those aliens described in Section C are only eligible for MA benefits for an emergency medical condition. The eligibility of those aliens who present an Employment Authorization Document (I-688B) is described in Section D.
			OPS090603 Qualified Aliens and the Five-Year Bar (Linked February 23, 2010)
SECTION A - Full MA Benefits
An alien		USCIS Document	USCIS Provision
1.	lawfully admitted for permanent residence as an immigrant. This includes an American Indian born in Canada who has at least one-half native American blood.	I-151 I-551 I-551 (conditional) passport booklet for permanent residents I-327 – permit to re-enter the U.S. letter from Canadian Dept. of Indian Affairs	101(a)(15) 101(a)(20)
2.	who has been a continuous resident since entering the US prior to 1/1/72		249
3.	qualified for refugee/asylum status. NOTE: If a non-citizen has a 688-B with stamped “none” or with no stamp, this simply signifies there are no terms or conditions that would limit an individual’s general authorization to work without restrictions. This is a standard notation on EACs and is actually the most preferable.	I-94 I688-B annotated “274s.12(a)(3)” I766 annotated “A3” or I-1571 I551 with codes RE6, RE7, RE8 or RE9 Grant letter from asylum office or USCIS I688-B annotated “274a.12(a)(5)” I766 annotated “A5”	207 208
4.	admitted as a conditional entrant refugee.	I-94 (stamped “Refugee Conditional Entry”)	203(a)(7)
5.	present in the US “in the public interest” or as a result of a grant of parole. Cuban and Haitian entrants are covered under this provisions.		212(d)(5) 202 501(e) 203(a)(7) 207 208
6.	qualified as an Amerasian or Amerasian family member.	I-94 (stamped "processed for I-551" and containing an "AM" code) I-551 (containing an "AM" code)
7.	An alien admitted to the U.S. under the LIFE/Family Unity Act.		245A
8.	in possession of an unexpired I-688B under certain USCIS provisions. (See Section D)

SECTION B - full MA benefits only if USCIS does not plan to enforce departure.
An alien…		USCIS Document	USCIS Provision
9.	residing in the US under an indefinite stay of deportation.	I-94 and/or a letter indicating an indefinite stay of deportation
10.	who is granted suspension of deportation/cancellation or removal.	I-94 and letter/order indicating suspension or cancellation granted	244
11.	whose deportation has been withheld.	I-94 and order/letter	243(b)
12.	residing in the US under an indefinite voluntary departure.	I-94 and/or letter indicating indefinite voluntary departure
13.	who is granted voluntary departure.	I-94 and/or I-210 indicating departure in 60 days	242(b)
14.	on whose behalf an immediate relative petition has been approved.	I-94 and/or I-210 letter
15.	who is an immediate relative of an American citizen (i.e., spouse, father, mother, or unmarried child under age 21) and for whom a form I-130 petition for issuance of an immigration visa has been filed.	I-94 and/or I-210 letter
16.	who is granted a stay of deportation by court order, statute, or regulation.	I-94 and/or letter or copy of the court order	106
17.	who is granted deferred action status.	I-210 or letter
18.	who is residing in the US under order of supervision.	I-220B and/or letter
19.	who is not listed above but is living in the US with the knowledge and permission of the USCIS and whose departure the USCIS does not plan to enforce.	any USCIS document or letter
20.	who is in possession of an I-668B under certain USCIS provisions.	See Appendix A, Section D

SECTION C – MA benefits for only an emergency medical condition
An alien			USCIS Document	USCIS Provision
21.	legally residing in the US temporarily for a specified period of time.	No documentation required but may present: I-688A I-688B I-94 I-185 DSP-150 I-95W I-68			None See Appendix A, Section D
22.	illegally residing in the US without permission of the USCIS.				None
23.	who is unable to present acceptable documentation of eligible status.				None
Any USCIS document which identifies the alien as being admitted under one of the above provisions or contains the terms refugee, parolee, paroled, and/or asylum is acceptable evidence of alien status.
If the alien presents a document which raises a question of whether the USCIS may enforce departure, the CAO should contact USCIS to verify the alien's status.

SECTION D – MA eligibility for an alien who presents an I-688B
If an alien presents an Employment Authorization Document (I-688B), the CAO will review the document to determine the individual’s immigration status. The alien's status is indicated by the USCIS provision stamped under "Provision of Law" on the I-688B. The card may also provide additional information under "Terms & Conditions". See Appendix B for a sample I-688B.
I-688B provision/category		Status	MA Eligibility
274a.12(a)	(A1) (A3) (A4) (A5) (A6) (A7) (A8) (A9) (A10) (A11) (A12)	Lawful permanent resident Refugee Parolee Asylee Nonimmigrant fiancee of US citizen or the fiancee's child Parent or child of a permanent resident alien Citizen of Micronesia or Marshall Islands Alien granted suspension of deportation Alien granted withholding of deportation Alien granted extended voluntary departure Alien granted temporary protected status (TPS)	Full Full Full Full Emergency Emergency Full Full** Full** Full** Emergency
274a.12(c)	(C1)(I) (II) (C2) (C3) (C4)(I) (II) (C5) (C6)	Adult dependent of a foreign government official Student dependent of a foreign government official Spouse or child of an alien employee of CCNAA Nonimmigrant student (F-1) Adult dependent of an employee of an international organization Student dependent of an employee of international organization Spouse or child of an exchange visitor Nonimmigrant student (M-1)	Emergency Emergency Emergency Emergency Emergency Emergency Emergency Emergency
274a.12(c)	(C7) (C8) (C9) (C10) (C11) (C12) (C13) (C14) (C15) (C16) (C17)(I) (II) (C18) (C19)	Dependent of a NATO official Asylum applicant Applicant for adjustment of status Applicant for suspension or cancellation of deportation Parolees Deportable alien granted voluntary departure Deportable alien without a final order of deportation Alien granted deferred action Alien whose application for extension of stay has not been adjudicated Applicant for registry/Section 249 Domestic servant Airline employee Alien under supervision Prima facie eligibility for TPS	Emergency Emergency *** Full** Full Full** Full** Full** Full** Full Emergency Emergency Emergency Emergency
274a.13		Family Unity Recipient (LIFE)	Full****

*	Authorize full benefits only if USCIS does not plan to enforce departure. Contact USCIS before authorizing benefits to determine whether they plan to enforce departure.
**	Eligibility is dependent on the alien status originally granted to the individual. If the applicant does not have the original documentation, contact USCIS.

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Reissued: October 26, 2008 replacing July 25, 2007