Washington Administrative Code › Title 182 - Health Care Authority › WASHINGTON APPLE HEALTH › Chapter 182-503 - Persons eligible for medical assistance › Section 182-503-0535 - Washington apple health-Citizenship and immigration status

Current through Register Vol. 24-14, July 15, 2024
(1)
Definitions.
(a)
Nonqualified alien
means someone who is lawfully present in the
				United States (U.S.) but who is not a qualified alien, a U.S. citizen, a U.S.
				national, or a qualifying American Indian born abroad.
(b)
Qualified alien
means
				someone who is lawfully present in the United States and who is one or more of
				the following:
(i) A person lawfully admitted
				for permanent residence (LPR).
(ii)
				An abused spouse or child, a parent of an abused child, or a child of an abused
				spouse who no longer resides with the person who committed the abuse, and who
				has one of the following:
(A) A pending or
				approved I-130 petition or application to immigrate as an immediate relative of
				a U.S. citizen or as the spouse of an unmarried LPR younger than 21 years of
				age.
(B) Proof of a pending
				application for suspension of deportation or cancellation of removal under the
				Violence Against Women Act (VAWA).
(C) A notice of prima facie approval of a
				pending self-petition under VAWA. An abused spouse's petition covers his or her
				child if the child is younger than 21 years of age. In that case, the child
				retains qualified alien status even after he or she turns 21 years of
				age.
(iii) A person who
				has been granted parole into the U.S. for one year or more, under the
				Immigration and Nationality Act (INA) Section 212 (d)(5), including public
				interest parolees.
(iv) A member of
				a Hmong or Highland Laotian tribe that rendered military assistance to the U.S.
				between August 5, 1964, and May 7, 1975, including the spouse, unremarried
				widow or widower, and unmarried dependent child of the tribal member.
(v) A person who was admitted into the U.S.
				as a conditional entrant under INA Section 203 (a)(7) before April 1,
				1980.
(vi) A person admitted to the
				U.S. as a refugee under INA Section 207.
(vii) A person who has been granted asylum
				under INA Section 208.
(viii) A
				person granted withholding of deportation or removal under INA Section 243(h)
				or 241 (b)(3).
(ix) A Cuban or
				Haitian national who was paroled into the U.S. or given other special
				status.
(x) An Amerasian child of a
				U.S. citizen under 8 C.F.R.
				Section 204.4(a).
(xi) A person from Iraq or Afghanistan who
				has been granted one of the following:
(A)
				Special immigrant status under INA Section 101 (a)(27);
(B) Special immigrant conditional permanent
				resident; or
(C) Parole under
				Section 602 (b)(1) of the Afghan Allies Protection Act of 2009 or Section
				1059(a) of the National Defense Authorization Act of 2006.
(xii) An Afghan who, under Section 2502 of
				the Extending Government Funding and Delivering Emergency Assistance Act of
				2021, is evaluated as a qualified alien until March 31, 2023, or the end of
				their parole term, whichever is later, when granted parole:
(A) Between July 31, 2021, and September 30,
				2023; or
(B) After September 30,
				2022, and is:
(I) Their spouse or child;
				or
(II) The parent or guardian of
				an unaccompanied minor described under this subsection.
(xiii) A citizen or national of
				Ukraine (or a person who last habitually resided in Ukraine) who, under section
				401 of the Additional Ukraine Supplemental Appropriations Act, 2022 (AUSAA), is
				evaluated as a qualified alien until the end of their parole term when:
(A) Granted parole into the United States
				between February 24, 2022, and September 30, 2023; or
(B) Granted parole into the United States
				after September 30, 2023, and is:
(I) The
				spouse or child of a person described in (b)(xiii)(A) of this subsection;
				or
(II) The parent, legal guardian,
				or primary caregiver of a person described in (b)(xiii)(A) of this subsection
				who is determined to be an unaccompanied child under section 462 (g)(2) of the
				Homeland Security Act of 2002 or section 412 (d)(2)(B) of the Immigration and
				Nationality Act.
(xiv) A person who has been certified or
				approved as a victim of trafficking by the federal office of refugee
				resettlement, or who is:
(A) The spouse or
				child of a trafficking victim of any age; or
(B) The parent or minor sibling of a
				trafficking victim who is younger than 21 years of age.
(xv) A person from the Federated States of
				Micronesia, the Republic of Palau, or the Republic of the Marshall Islands
				living in the United States in accordance with the Compacts of Free
				Association.
(c)
U.S. citizen
means someone who is a United States citizen under
				federal law.
(d)
U.S.
				national
means someone who is a United States national under federal
				law.
(e)
Undocumented
				person
means someone who is not lawfully present in the U.S.
(f)
Qualifying American Indian born
				abroad
means someone who:
(i) Was born
				in Canada and has at least 50 percent American Indian blood, regardless of
				tribal membership; or
(ii) Was born
				outside of the United States and is a member of a federally recognized tribe or
				an Alaska Native enrolled by the Secretary of the Interior under the Alaska
				Native Claims Settlement Act.