Code of Massachusetts Regulations › 130 CMR - DIVISION OF MEDICAL ASSISTANCE › Title 130 CMR 518.000 - Masshealth: Citizenship And Immigration › Section 518.003 - Immigrants

Current through Register 1525, July 5, 2024
(A)
Lawfully Present
			 Immigrants
. Qualified noncitizens, qualified noncitizens barred,
			 and nonqualified individuals lawfully present are considered lawfully present
			 immigrants. The applicable coverage types for qualified noncitizens, qualified
			 noncitizens barred, and nonqualified individuals lawfully present are listed at
			 130 CMR
			 518.006.
(1)
Qualified
			 Noncitizens
. There are two types of qualified noncitizens:
(a) those who are qualified regardless of
			 when they entered the U.S. or how long they have had a qualified status. Such
			 individuals are
1. persons granted asylum
			 under § 208 of the INA;
2.
			 Refugees admitted under § 207 of the INA;
3. persons whose deportation has been
			 withheld under § 243(h) or 241(b)(3) of the INA, as provided by §
			 5562 of the federal Balanced Budget Act of 1997;
4. veterans, their spouses, and their
			 children;
a. veterans of the United States
			 Armed Forces with an honorable discharge not related to their noncitizen
			 status;
b. Filipino war veterans
			 who fought under U.S. command during WWII;
c. Hmong and Highland Lao veterans who are
			 admitted for legal permanent residence (LPR) and who fought under U.S. command
			 during the Vietnam War;
d. persons
			 with noncitizen status on active duty in the U.S. Armed Forces, other than
			 active duty for training; or
e. the
			 spouse, unremarried surviving spouse, or unmarried dependent children of the
			 noncitizen described in 130 CMR 518.003(A)(1)(a)4.a. through d.;
5. Conditional Entrants
			 under § 203(a)(7) of the INA in effect before April 1, 1980;
6. persons who entered as Cuban/Haitian
			 entrants under § 501(e) of the Refugee Education Assistance Act of
			 1980;
7. Native Americans with at
			 least 50% American Indian blood who were born in Canada pursuant to § 289
			 of the INA or other tribal members born in territories outside of the U.S.
			 pursuant to
			 25
			 U.S.C. 450b(e), under
			 Medicaid;
8. Amerasians as
			 described in § 402(a)(2)(A)(i)(V) of the Personal Responsibility and Work
			 Opportunity Reconciliation Act of 1996 (PRWORA);
9. Victims of severe forms of trafficking,
			 and spouse, child, sibling, or parent of the victim in accordance with the
			 Victims of Trafficking and Violence Protection Act of 2000 (Pub.
			 L. 106-386);
10. Iraqi Special Immigrants granted special
			 immigrant status under § 101(a)(27) of the INA, pursuant to
			 §
												1244 of
			 Public
			 Law 110-181 or
			 §
												525 of
			 Public Law
			 110-161;
11. Afghan Special Immigrants granted special
			 immigrant status under § 101(a)(27) of the INA, pursuant to
			 §
												525 of
			 Public Law
			 110-161; or
12. Migrants from the Federated States of
			 Micronesia, the Republic of the Marshall Islands, and the Republic of Palau who
			 legally reside in the United States pursuant to a series of treaties with the
			 United States known as the Compacts of Free Association (COFA), under Medicaid.
a. COFA migrants who adjust to legal
			 permanent residence (LPR) status will have a special five-year bar rule
			 applied. The individual will be subject to the special five-year bar rule
			 unless they also have or had a status listed at 130 CMR 518.003(A)(1)(a). The
			 special five-year bar rule that applies will depend upon the date the
			 individual adjusted to LPR status.
b. COFA migrants who adjust to LPR status
			 after the change of law on December 27, 2020, will be able to use the date they
			 began residing in the United States as a COFA migrant or December 27, 2020,
			 whichever is later, as the first day for purposes of meeting the five-year
			 bar.
c. COFA migrants who adjusted
			 to LPR status before the change of law on December 27, 2020, will have the
			 five-year bar period begin on the date that they adjusted to LPR.