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Appendix 2: Lawfully Present Non-Citizens

COVID 19 UpdateInformation in the Guide does not reflect COVID-19 emergency policies affecting ConnectorCare including closure of walk-in centers. This and other changes are shown on the Health Connector's COVID-19 webpage: https://www.mahealthconnector.org/covid-19

All Lawfully Present non-citizens are eligible for Health Connector plans in the same way as US citizens. The terms Qualified and Qualified Barred are terms used in MassHealth affecting eligibility of adults for certain types of MassHealth. These terms are not relevant to the Health Connector where both Qualified and Qualified Barred NonCitizens are Lawfully Present.

Lawfully Present and also Qualified or Qualified Barred

  • Lawful permanent resident (LPR/Green Card holder)
  • Asylee
  • Refugee
  • Cuban/Haitian entrant
  • Person paroled into the U.S. for at least one year
  • Conditional entrant granted before 1980
  • Battered spouse, child, or parent
  • Victim of trafficking and his or her spouse, child, sibling, or parent
  • Person granted Withholding of Deportation or Withholding of Removal, under the INA
  • Member of a federally recognized Indian tribe or American Indian born in Canada

 

Lawfully Present but not Qualified or Qualified Barred 

  • Person paroled into the US for less than one year 
  • Person granted Withholding of Deportation or Withholding of Removal under the Convention against Torture (CAT)
  • Individual with valid non-immigrant status (including student visas (F-visa), crime victims (U-visa), specialty workers (H-visa), religious workers (R-visa) and others)
  • Temporary Protected Status (TPS)
  • Deferred Enforced Departure (DED)
  • Deferred Action Status (except Deferred Action for Childhood Arrivals (DACA); they are Nonqualified PRUCOL under MassHealth rules) 
  • Applicant for:
    • Special Immigrant Juvenile Status
    • Adjustment to LPR Status with an approved visa petition
    • Asylum who has either been granted employment authorization, OR is under 14 and has had an application for asylum pending for at least 180 days.
    • Withholding of Deportation or Withholding of Removal, under the INA or under the CAT who has either been granted employment authorization, OR is under 14 and has had an application for withholding of deportation or withholding removal under the immigration laws or under the CAT pending for at least 180 days.
  • Individuals with employment authorization under 8 CFR 274a.12(c) including:
    • Registry applicants
    • Those under an Order of supervision
    • Applicants for Cancellation of Removal or Suspension of Deportation
    • Applicants for Legalization under IRCA o Applicants for Temporary Protected Status (TPS)
    • Persons granted legalization under the LIFE Act  Lawful temporary resident granted under legalization program (8 USC 1160 or 1255a)
  • Granted an administrative stay of removal by the Department of Homeland Security (DHS)

For Additional information on Immigrant eligibility – Understanding the Affordable Care Act: Non-citizens’ eligibility for MassHealth & other subsidized health benefits, (MLRI March 2018), https://www.masslegalservices.org/content/understanding-immigrants-eligibility-masshealth-other-subsidized-coverage-2018 Description of documents, how to find codes from different documents and photos of sample documents (link from Getting Started Guide on mahealthconnector.org): https://betterhealthconnector.com/immigration-document-types Definition of Lawful Presence: 45 CFR 155.20, 152.2, and 155.305; 956 CMR § 12.05. MassHealth Definition of Lawful Presence: 130 CMR 504.003 (A)(1)(2) and (3); 504.006(A) and (B) (under 65); 130 CMR 518.003(A)(1)(2) and (3); 518.006 (A) and (B) (65 & older).