5011-5        NON-QUALIFIED ALIENS

5011-5 A.   LEGAL, NON-QUALIFIED ALIENS

An alien who is not a qualified alien as defined in section 5011-2 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 provided under Section 5600.  Legal, non-qualified aliens do not have to make a declaration of immigration status and the caseworker does not have to verify the immigration status.  However, legal, non-qualified aliens must provide or apply for an SSN Social Security Number.

5011-5 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 section 5012.  If they are residents and they meet all other Medicaid eligibility criteria, they would be eligible for emergency coverage for aliens under section 5600.

Note:

Non-immigrant aliens can be identified by the following USCIS U.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.

5011-5 C.   ILLEGAL ALIENS

An alien who physically arrived in the United States before August 22, 1996, but obtained qualified alien status on or after that date is not subject to the five-year waiting period as long as he or she remained continuously present in the U.S. United States  Any single absence from the United States of more than 30 days, or a total aggregate of absences of more than 90 days, is considered to interrupt continuous presence.  However, once an immigrant obtains qualified alien status, he or she does not have to remain continuously present in the United States in order to avoid application of the five-year waiting period.  This rule also applies to aliens who entered the country without proper documentation and those who overstayed their visa.