Lawfully Present

Lawfully Present

Sat, 07/09/2022 - 17:55

Coverage for lawfully present immigrants

Low-income, lawfully present immigrants in some cases may not be able to receive Medicaid because of their immigration status. But they may enroll in plans through the Marketplace and are eligible for subsidies in the form a premium tax credit.

The term lawfully present includes immigrants who have:

• Qualified non-citizen immigration status without a waiting period

• Humanitarian statuses or circumstances

Temporary Protected Status

Special Juvenile Status

Asylum applicants

Convention Against Torture

Victims of trafficking

• Valid non-immigrant visas (includes work visas & student visas)

• Granted relief under the Convention Against Torture (CAT)

• Temporary Protected Status (TPS)

• Deferred Enforced Departure (DED) Deferred Action*

• Lawful Temporary Resident

• Legal status conferred by other laws (temporary resident status, LIFE Act, Family Unity individuals) See a full list of immigration statuses eligible for Marketplace coverage.

► *EXCEPTION: Individuals granted deferred action under the Deferred Action for Childhood Arrivals (DACA) program are not eligible to enroll in coverage at the Marketplace.

If you’re a lawfully present immigrant, you can buy private health insurance on the Marketplace. You may be eligible for lower costs on monthly premiums and lower out-of-pocket costs based on your income.

• If your annual income is 400% of the federal poverty level or below, you may be eligible for premium tax credits and other savings on Marketplace insurance.

• If your annual household income is below 100% federal poverty level and you are not eligible for Medicaid you may be eligible for premium tax credits and other savings on Marketplace insurance.

Qualified non-citizen

► In order to get Medicaid and CHIP coverage, many qualified non-citizens who entered the U.S. on or after August 22, 1996 have a 5-year waiting period.

Lawful Permanent Residents (Green Card holder) — who were not previously a refugee or granted asylum

Paroled into the U.S. for at least one year

Conditional entrant granted before 1980

Battered non-citizens, spouses, children, or parents

The following qualified immigrants do not have a 5-year waiting period:

Green Card holders who used to be refugees or granted asylum don’t have to wait 5 years.

Individuals granted withholding of deportation / removal

Cuban / Haitian entrants

Certain refugees and asylees

Amerasian immigrants

Victims of trafficking and his or her spouse, child, sibling, or parent

Iraqi or Afghan special immigrant status

Veterans or individuals on active military duty and their spouse (un-remarried surviving spouse), or child

Member of a federally recognized Indian tribe or American Indian born in Canada

Individuals receiving Foster Care

In most states, Supplemental Security Income recipients

♦ A few states restrict eligibility even after a 5-year waiting period.


Source:,, CMS, HHS