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

Universal Citation: 130 MA Code of Regs 130.518

Current through Register 1531, September 27, 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.

(b) noncitizens who are qualified based on having a qualified status identified at 130 CMR 518.003(A)(1)(b)1. and who have satisfied one of the conditions listed at 130 CMR 518.003(A)(1)(b)2. Such individuals are
1. persons who have one or more of the following statuses:
a. admitted for LPR under the INA; or

b. granted parole for at least one year under section 212(d)(5) of the INA; or

c. are the battered spouse, battered child, or child of battered parent, or parent of battered child who meets the criteria of section 431(c) of PRWORA; and also

2. satisfy at least one of the three following conditions:
a. have had a status in 130 CMR 518.003(A)(1)(b)1. for five or more years (a battered noncitizen attains this status when the petition is accepted as establishing a prima facie case);

b. entered the U.S. prior to August 22, 1996, regardless of status at the time of entry, and have been continuously present in the U.S., until attaining a status listed in 130 CMR 518.003(A)(1)(b)1.; for this purpose an individual is deemed continuously present who has been absent from the U.S. for no more than 30 consecutive days or 90 nonconsecutive days prior to attaining a status listed in 130 CMR 518.003(A)(1)(b)1.; or

c. also have or had a status listed in 130 CMR 518.003(A)(1)(a).

(2) Qualified Noncitizens Barred. Individuals who have a status listed in 130 CMR 518.003(A)(1)(b)1. (Legal Permanent Resident, parolee for at least one year, or battered noncitizen) and do not meet one of the conditions in 130 CMR 518.003(A)(1)(b)2. Qualified noncitizens barred, like qualified noncitizens, are lawfully present nonqualified individuals.

(3) Nonqualified Individuals Lawfully Present. Nonqualified individuals lawfully present are not defined as qualified under PRWORA, 8 U.S.C. § 1641, but are lawfully present. Nonqualified individuals lawfully present are as follows:
(a) in a valid nonimmigrant status as otherwise defined in 8 U.S.C. § 1101(a)(15) or otherwise under immigration laws (as defined in 8 U.S.C. § 1101(a)(17));

(b) paroled into the United States in accordance with 8 U.S.C. § 1182(d)(5) for less than one year, except for an individual paroled for prosecution, for deferred inspection or pending removal proceedings;

(c) belong to one of the following classes:
1. granted Temporary Resident Status in accordance with 8 U.S.C. § 1160 or 1255(a) respectively;

2. granted Temporary Protected Status (TPS) in accordance with 8 U.S.C. § 1254(a), and individuals with pending applications for TPS who have been granted employment authorization;

3. granted employment authorization under 8 CFR 274a.12(c);

4. Family Unity beneficiaries in accordance with § 301 of Public Law 101-649;

5. under Deferred Enforced Departure (DED) in accordance with a decision made by the President;

6. granted Deferred Action status, except for applicants or individuals granted status under the United States Department of Homeland Security (DHS) Deferred Action for Childhood Arrivals Process (DACA);

7. granted an administrative stay of removal under 8 CFR part 241;

8. beneficiary of approved visa petition who has a pending application for adjustment of status;

(d) have a pending application for asylum under 8 U.S.C. § 1158, or for withholding of removal under 8 U.S.C. § 1231 or under the Convention Against Torture Treaty who
1. have been granted employment authorization; or

2. are younger than 14 years old and have had an application pending for at least 180 days;

(e) have been granted withholding of removal under the Convention Against Torture Treaty; or

(f) is a child who has a pending application for Special Immigrant Juvenile status, as described in 8 U.S.C. § 1101(a)(27)(J).

(B) Protected Noncitizens. Noncitizens who are not qualified noncitizens as described in 130 CMR 518.003(A)(1) but who are qualified noncitizens barred as described at 130 CMR 518.003(A)(2), nonqualified individuals lawfully present as described in 130 CMR 518.003(A)(3), nonqualified persons residing under color of law (PRUCOLs) as described in 130 CMR 518.003(C), or other noncitizens as described in 130 CMR 518.003(D), are considered protected noncitizens and may continue to receive MassHealth regardless of immigration status, if they meet one of the following conditions and are otherwise eligible. This status continues until a determination of ineligibility due to failure to meet categorical or financial eligibility requirements has been made.

(1) They were receiving medical assistance on June 30, 1997.

(2) They had a long-term-care application pending on July 1, 1997.

(3) They lived in a long-term-care facility on June 30, 1997, but had not yet applied for MassHealth.

(C) Nonqualified Persons Residing under Color of Law (Nonqualified PRUCOLs). Certain noncitizens who are not described at 130 CMR 518.003(A) or (B) may be permanently living in the United States under color of law. The applicable coverage types for nonqualified PRUCOLs are listed at 130 CMR 518.006. If not otherwise described in 130 CMR 518.003(A) or (B), the following are considered nonqualified PRUCOLs:

(1) noncitizens living in the United States in accordance with an Indefinite Stay of Deportation;

(2) noncitizens living in the United States in accordance with an Indefinite Voluntary Departure;

(3) noncitizens and their families who are covered by an approved immediate relative petition, who are entitled to Voluntary Departure, and whose departure the DHS does not contemplate enforcing;

(4) noncitizens granted Voluntary Departure by the DHS or an Immigration Judge, and whose deportation the DHS does not contemplate enforcing;

(5) noncitizens living under Orders of Supervision who do not have employment authorization under 8 CFR 274a12(c);

(6) noncitizens who have entered and continuously lived in the United States since before January 1, 1972;

(7) noncitizens granted Suspension of Deportation, and whose departure the DHS does not contemplate enforcing;

(8) noncitizens with pending applications for asylum under 8 U.S.C. § 1158 or for Withholding of Removal under 8 U.S.C. § 1231 or under the Convention Against Torture Treaty who have not been granted employment authorization, or are younger than 14 years old and have not had an application pending for at least 180 days;

(9) noncitizens granted DACA status or have a pending application for this status;

(10) noncitizens who have filed an application, petition, or request to obtain a lawfully present status that has been accepted as properly filed but who have not yet obtained employment authorization and whose departure the DHS does not contemplate enforcing; or

(11) any other noncitizens living in the United States with the knowledge and consent of the DHS, and whose departure the DHS does not contemplate enforcing. (These include persons granted Extended Voluntary Departure due to conditions in the noncitizen's home country based on a determination by the U.S. Secretary of State.)

(D) Other Noncitizens. Noncitizens whose status is not described in 130 CMR 518.003(A) through (C) are considered other noncitizens.

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