808-5        NON-QUALIFIED ALIENS

808-5 A.   LEGAL, NON-QUALIFIED ALIENS

An alien who is not a qualified alien as defined in section 808-2 is not eligible for Medicaid. Non-qualified aliens include aliens who are residing in the U.S.United States legally. These legal, but non-qualified aliens may be eligible for treatment of emergency medical conditions as described in section 831. Legal, non-qualified aliens do not have to make a declaration of immigration status and the ETEligibility Technician does not have to verify the immigration status.  However, legal, non-qualified aliens must provide or apply for an SSNSocial Security Number.

Note:

An individual with Temporary Protected Status (TPS) is a legal, non-qualified alien

808-5 B.   NON-IMMIGRANTS

Some aliens may be lawfully admitted but only for a temporary or specified time (visitors, tourists, students, diplomats, crewmen on shore leave, temporary workers, members of the foreign press, etc.). These aliens are not eligible for Medicaid because of the temporary nature of their admission status. It is conceivable, but highly unlikely, that a legal, non-immigrant would meet the state residency requirements under MS 809. If they are residents and they meet all other Medicaid eligibility criteria, they would be eligible for emergency coverage for aliens under MS 831.

Compact of Free Association (COFA) migrants from the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau are classified as "non-immigrants" but are eligible for Medicaid benefits without the five-year waiting period due to a change in law that was effective December 27, 2020.

If a COFACompact of Free Association migrant applies for U.S. Citizenship and their status changes to a qualified alien as outlined in MS 808-2, the fiver-year waiting period would now apply unless they meet an exception listed in MS 808-4(D).

Note:

Non-Immigrants, with the exception of COFACompact of Free Association migrants, are not eligible for MAGIModified Adjusted Gross Income Medicaid. However, if they are Alaska residents and meet all other Medicaid eligibility criteria, they may be eligible for Emergency Treatment for Aliens (see MAGI MS 831).

Non-immigrant aliens can be identified by the following USCISU.S. Citizenship and Immigration Services documentation:

• Form I-94, Arrival-Departure Record;
• Form I-185, Canadian Border Crossing Card;
• Form I-186, Mexican Border Crossing Card;
• Form SW-434, Mexican Border Visitor’s Permit; and
• Form I-95A, Crewman’s Landing Permit; and
• Form I-766 category C33, Deferred Action for Childhood Arrivals (DACADeferred Action for Childhood Arrivals).

Note:

Aliens born in Western Samoa are the most common types of non-immigrants. These individuals can travel freely between the islands and the U.S.United States, but are considered non-qualified aliens and are not eligible to receive benefits. For these individuals to receive benefits, they must take action to become a qualified alien.

808-5 C.   ILLEGAL ALIENS

Non-qualified aliens include illegal aliens. These aliens were either never legally admitted to the United States for any period of time or were admitted for a limited period of time and did not leave the U.S.United States when that time expired. These aliens are eligible only for emergency coverage for aliens (see section 831). Because they will not be issued a SSNSocial Security Number, they are not required to provide or apply for one.