522.01 Definitions

 

A. Non-citizen

 

A non-citizen is an individual who is not a citizen of the U.S. by birth, through U.S. citizen parents, or through naturalization.

 

There are three groups of non-citizens (sometimes referred to as aliens):

 


 

B. Undocumented Alien

 

An undocumented alien is a person who is in the U.S. without the permission of the U.S. government, including a non-qualified alien who remained in the U.S. after the expiration date on the USCIS document.

 

An undocumented alien does not meet the alien status requirement for full AHCCCS coverage, but may be determined eligible to receive emergency services (MS 302.03).

 


 

C. Non-Qualified Alien

 

A person who was admitted to the U.S. legally but not in one of the Qualified Alien classifications. These persons are admitted for a limited period of time and include but are not limited to foreign students, visitors for business or pleasure, and temporary workers.

 

A Non-Qualified Alien does not meet the alien status requirement or the Arizona residency requirement for full AHCCCS coverage or emergency services.

 


 

D. Qualified Alien

 

A person admitted to the U.S. legally in a specific classification. Contrary to what the name implies, not all Qualified Aliens meet the alien status requirement for full AHCCCS coverage.

 

To be eligible for AHCCCS Health Insurance, other than emergency services (MS 302.03), a person must be a Qualified Alien.

 

The following are classifications of Qualified Aliens:

 

Classification

Description

Afghan and Iraqi Special Immigrants

Special Immigrants from Afghanistan or Iraq are treated the same as asylees or refugees when determining their eligibility for Medicaid. See MS 522.02.D for proof documents that can be used for Afghan or Iraqi Special Immigrants.

Alien with Deportation Withheld or Removal Withheld

A non-citizen who was discovered to have entered the U.S. without permission, but has had deportation or removal withheld. Immigration law says they should leave the United States, however removal is withheld if the U.S. Attorney General rules that the alien would be threatened in that country because of the alien’s race, religion, nationality, membership in a particular social group, or political opinion, and the alien is neither a criminal nor a danger to the U.S.

Amerasian Refugee

The adult child of an American father, who was born in Vietnam between 1962 and 1974. Spouses and children of Amerasian refugees are also classified as Amerasian refugees as are the mothers of Amerasian refugees who were admitted as children.

American Indian Born in Canada

An American Indian with at least 50% Indian ancestry born in Canada is considered a Qualified Alien for medical assistance eligibility. These individuals are given unrestricted right to pass the borders of the U.S. as the result of a treaty signed in 1794. An American Indian born in Canada may choose to become a Lawful Permanent Resident. This does not affect the status as an American Indian born in Canada.

Asylee

A non-citizen who is in the U.S. and is unable or unwilling to return to his own country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, and cannot go to a third country and who meets other requirements specified by the Immigration and Nationality Act. Children of asylees may also be admitted in this status.

Battered Alien

An alien who is a victim of battery by a family member who is a U.S. citizen or a Lawful Permanent Resident, or a dependent child of such an alien or an alien parent of a battered child. A battered alien must meet additional requirements (MS 522.03).

Conditional Entrant

An alien granted condition entry into the U.S. under an immigration law in effect before April 1, 1980.

Cuban-Haitian Entrant

A special immigration classification for individuals from Cuba or Haiti. Non-citizens under this status who have continuously resided in the U.S. since before January 1, 1982, and who were known to the USCIS before that date, may adjust to permanent residence under a provision of the Immigration Control and Reform Act of 1986.

Foreign Born Member of U. S. Indian Tribe

A member of a federally recognized U.S. Indian Tribe who does not claim U.S. citizenship. For a list of federally recognized U.S. Indian Tribes see http://edocket.access.gpo.gov/2008/E8-6968.htm

Hmong or Laotian Highlander

Members of a mountain tribe from southeast Asia who assisted the U.S. during the Vietnam conflict, or their dependents, are considered Qualified Aliens for medical assistance eligibility.

Lawful Permanent Resident (LPR)

A non-citizen who has been legally given the privilege of residing permanently in the U.S. as an immigrant. A Lawful Permanent Resident must meet additional requirements (MS 522.03).

 

NOTE: Individuals born outside the U.S. who have been adopted may have documents indicating Lawful Permanent Resident status. If the Initial SAVE response indicates that a full and final adoption has occurred, explore citizenship through a U.S. parent. (MS 508.01.C)

 

SPONSOR DEEMING: Sponsor deeming policy applies to a customer who became a Lawful Permanent Resident on or after 12/19/97. Some of the sponsor’s income (MS 609.02) and resources for ALTCS (MS 703.09) may be deemed available to the customer in determining the customer’s financial eligibility.

Parolee for at Least One Year

An alien granted parole status under the Immigration and Nationality Act. Parolees for less than one year are not Qualified Aliens. A Parolee must meet additional requirements (MS 522.03)

Refugee

A non-citizen who is unable or unwilling to return to his or her own country, or wants to leave that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, and who meets other requirements specified by the Immigration and Nationality Act. Spouses and minor children of refugees are also admitted in this status.

Victims of Trafficking

Individuals forcibly involved in sex for commercial purposes, or subjects of involuntary servitude, peonage, debt bondage or slavery. This group of customers is eligible for benefits under the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA). Their authority to remain in the United States is not governed by the USCIS, but by the Office of Refugee Resettlement (an agency of the U.S. Department of Health and Human Services) and the Attorney General of the United States.

 

Individuals in this group are eligible for Medicaid benefits no earlier than the eligibility date specified in their certification letters issued by the Office of Refugee Resettlement.

 

These individuals are different from others in that their authority to remain in the United States is not under the jurisdiction of the USCIS. Therefore::

  • Do NOT request or require USCIS documentation of immigration status (they have none);

  • Do NOT process a SAVE referral; and

  • Do NOT require a Statement of Lawful Resident Status (DE-141) form.