D-8900, Alien Status Eligibility Charts

Revision 13-1; Effective March 1, 2013

An alien's eligibility is based on the Department of Homeland Security’s qualifying classification and other criteria as shown in the MEPDH and in the following charts.

 

D-8910 Entry Before 1996

Revision 17-4; Effective December 1, 2017

Chart A — Entry Before 1996

If the alien entered the U.S. before Aug. 22, 1996, and the USCIS document is an ... then the alien is ...
  • I-94 annotated with one of the following INA sections:
    • 207 – Refugee
    • 208 – Asylee
    • 241(b)(3) or 243(h) – Deportation Withheld
    • 212(d)(5) – Cuban/Haitian Entrant
    • 212(d)(5) – showing admission for at least one year – Parolee
    • 203(a)(7) – Conditional Entrant
  • I-766, employment authorization document annotated with one of the following status codes:
    • A3 – Refugee
    • A3 – Conditional Entrant
    • A5 – Asylee
    • A10 – Deportation Withheld
  • I-551 annotated with one of the following status codes:
    • AM1, AM2, AM3, AM6, AM7 or AM8 – Amerasians
    • R8-6 or RE1 to RE9 – Refugees
    • AS6 to AS9 – Asylees
    • R8-6, CH-6, CU-6 or CU-7 – Cuban/Haitian Entrants
  • U.S. Citizenship and Immigration Services (USCIS) letter from Asylum Office
  • Order from an immigration judge:
    • granting asylum, or
    • showing deportation withheld under INA Section 243(h) or 241(b)(3). Consider the date of entry as the date the status is assigned.

eligible if the alien meets the criteria in Section D-8320, Qualified Aliens Not Subject to a Waiting Period or Limited Period.

Unless the alien meets the criteria in Section D-8320, consider Medicaid for the treatment of an emergency medical condition.

Note:  Follow your policy clearance request procedures for questions about documents or immigration statuses not listed in this chart. 

 

D-8920 Entry On or After Aug. 22, 1996 – Qualified Alien No Waiting Period

Revision 17-4; Effective December 1, 2017

Chart B — Entry On or After Aug. 22, 1996 – Qualified Aliens With No Waiting Period

If the alien entered the U.S. on or after Aug. 22, 1996, and the USCIS document is an ... and ...
  • I-94 annotated with one of the following INA sections:
    • 207 – Refugee
    • 208 – Asylee
    • 243(h) or 241(b)(3) – Deportation Withheld
    • 212(d)(5) – Cuban/Haitian Entrant
  • I-766, employment authorization document annotated with one of the following status codes:
    • A3 – Refugee
    • A5 – Asylee
    • A10 – Deportation Withheld
  • I-551 annotated with one of the following status codes:
    • AM1, AM2, AM3, AM6, AM7 or AM8 – Amerasians
    • R8-6 or RE1 to RE9 – Refugees
  • USCIS letter from Asylum Office
  • Derivative T visa annotated with T-1 – victim of severe trafficking (four-year limit)
  • Derivative T visa annotated with T-2, T-3, T-4 or T-5 – family member of victim of severe trafficking (four-year limit)
  • Original certification letter from Office of Refugee Resettlement (ORR)
  • Order from an immigration judge:
    • granting asylum; or
    • showing deportation withheld under INA Section 243(h) or 241(b)(3). Consider the date of entry as the date the status is assigned.

If less than seven years have passed since the date of qualified alien classification, usually the entry date, then the alien is eligible if the alien meets the criteria in Section D-8310, Qualified Aliens Subject to a Seven-Year Limited Period.

Unless the alien meets the criteria in Section D-8310, consider Medicaid for the treatment of an emergency medical condition.

Note: Victims of Severe Human Trafficking are limited to four years unless status is extended by law enforcement.

If seven years or more have passed from the date of qualified alien classification, usually the entry date, then the alien is eligible if the alien meets the criteria in Section D-8320, Qualified Aliens Not Subject to a Waiting Period or Limited Period.

Unless the alien meets the criteria in Section D-8320, consider Medicaid for the treatment of an emergency medical condition.

Note: The refugee retains this eligibility period even if the refugee has adjusted to lawful permanent resident (LPR) status during the seven-year limited period.

  • I-94 annotated with one of the following INA sections:
    • Section 212(d)(5) – showing admission for at least one year – Parolee
    • Section 203(a)(7) – Conditional Entrant

Not eligible, unless the alien has applied for and been approved by DHS for LAPR.

If LAPR, the alien must meet the LAPR conditions in Section D-8320, Qualified Aliens Not Subject to a Waiting Period or Limited Period.

Unless the alien meets the criteria in Section D-8320, consider Medicaid for the treatment of an emergency medical condition.

Afghani or Iraqi Special Immigrant – Special immigrant status under 101(a)(27) of the INA may be granted to Iraqi and Afghan nationals who have worked on behalf of the U.S. government in Iraq or Afghanistan.

Acceptable documentation includes:

  • A passport with a stamp noting that the individual has been admitted under a special immigrant visa category IV with one of the following codes:
    • SI-1, SQ-1, SI-6 or SQ-6 for the principal applicant;
    • SI-2, SQ-2, SI-7 or SQ-7 for the spouse of the principal applicant; or
    • SI-3, SQ-3, SI-9 or SQ-9 for the unmarried child under age 21 of the principal applicant; and
    • a DHS stamp or notation on the passport or I-94 showing the date of entry.

For those special immigrants who are adjusting their status to LPR status in the U.S., acceptable documentation includes:

  • An I-551 annotated with one of the following status codes:
    • SI-1, SQ-1, SI-6 or SQ-6 for the principal applicant;
    • SI-2, SQ-2, SI-7 or SQ-7 for the spouse of the principal applicant; or
    • SI-3, SQ-3, SI-9 or SQ-9 for the unmarried child under age 21 of the principal applicant.

These special immigrants also may demonstrate nationality with an Afghani or Iraqi passport.

Note: The entry date for an Afghani special immigrant must be Dec. 26, 2007, or later. An Iraqi special immigrant's entry date must be Jan. 26, 2008, or later.

If less than seven years have passed since the date of qualified alien classification, usually the entry date, then the alien is eligible if the alien meets the criteria in Section D-8310, Qualified Aliens Subject to a Seven-Year Limited Period.

Unless the alien meets the criteria in Section D-8310, consider Medicaid for the treatment of an emergency medical condition.

If seven years or more have passed from the date of qualified alien classification, usually the entry date, then the alien is eligible if the alien meets the criteria in Section D-8320, Qualified Aliens Not Subject to a Waiting Period or Limited Period.

Unless the alien meets the criteria in Section D-8320, consider Medicaid for the treatment of an emergency medical condition.

Note: The special immigrant retains this eligibility period even if the special immigrant has adjusted to lawful permanent resident (LPR) status during the seven-year limited period.

Note: Follow your policy clearance request procedures for questions about documents or immigration statues not listed in this chart.

 

D-8930 LPR Aliens With or Without Five-Year Waiting Period

Revision 17-4; Effective December 1, 2017

Chart B — Entry On or After Aug. 22, 1996 – Qualified Aliens With No Waiting Period

If the LPR alien entered the U.S. on or after Aug. 22, 1996, and the DHS document is an ... then ...
I-551, Resident Alien Card, and does not meet one of the classification codes in Charts A or B,

 

Notes:

  • Any status code that appears on the I-551 is acceptable.
  • No I-151s were issued after 1978; therefore, any alien admitted after 1978 will have an I-551.
  • If the LPR alien loses the I-551, the LPR alien may present either an I-94 or a passport with the following annotation:

"Processed for I-551, Temporary Evidence of Lawful Admission for Permanent Residence, valid until ______, Employment Authorized."

Allow aliens with a DHS document or card showing an entry date on or after Aug. 22, 1996, who claim to have entered before that date, an opportunity to submit evidence of their claimed date of entry.

If five years or less have passed since the date of qualified alien classification, usually the entry date, then the LPR alien is not eligible.

Unless the alien meets criteria other than 40 qualifying quarters in Section D-8320, Qualified Aliens Not Subject to a Waiting Period or Limited Period, the LPR alien is only potentially eligible for Medicaid for the treatment of an emergency medical condition during the five-year waiting period. (Having 40 qualifying quarters does not exempt a person from the five-year waiting period.)

If more than five years have passed since the date of qualified alien classification, usually the entry date, then the LPR alien is eligible if the LPR alien meets the criteria in Section D-8320.

Unless the LPR alien meets the criteria in Section D-8320, consider Medicaid for the treatment of an emergency medical condition.

Chart C — LPR Aliens With or Without the Five-Year Waiting Period

If the LPR alien entered the U.S. before Aug. 22, 1996, and the DHS document is an ... then ...

I-551, Resident Alien Card, and does not meet one of the classification codes in Charts A or B,

Notes:

  • Any status code that appears on the I-551 is acceptable.
  • No I-151s were issued after 1978; therefore, any alien admitted after 1978 will have an I-551.
  • If the LAPR alien loses the I-551, the LAPR alien may present either an I-94 or a passport with the following annotation:

"Processed for I-551, Temporary Evidence of Lawful Admission for Permanent Residence, valid until ______, Employment Authorized."

  • Allow aliens with a DHS document or card showing an entry date on or after Aug. 22, 1996, who claim to have entered before that date, an opportunity to submit evidence of their claimed date of entry.

The LPR alien is eligible if the LPR alien meets the criteria in Section D-8320, Qualified Aliens Not Subject to a Waiting Period or Limited Period, or Section D-8430, LPR Residing in the U.S. on Aug. 22, 1996.

Unless the LPR alien meets the criteria in Section D-8320 or Section D-8430, consider Medicaid for the treatment of an emergency medical condition.

Follow your policy clearance request procedures for questions about documents or immigration statuses not listed in this chart.

 

D-8940 Reserved for Future Use

Revision 17-4; Effective December 1, 2017