WAG 19-02-08: Noncitizens/Immigrants

PM 19-02-08


  • Customers turning 65 years old
  • Customers meeting the 5-year Lawful Permanent Resident status

Example: Mr. Heinz, age 64, is undocumented and receiving Health Benefits for Immigrant Adults. The month he turns 65 years old, he should be evaluated for Health Benefits for Immigrant Seniors.

Example: Elena, age 45, came to the U.S. in January 2007 on H1B visa as a temporary employee of an IT firm in IL. Instead, she was forced to work in a sweatshop. After 2 years, Elena received assistance from local legal and volunteer agencies. Elan could be receiving Health Benefits for Adults or state funded VTTC during the pendency of her application. In 2010 Elena was granted a Victim of Trafficking (T-Visa) status and received a Certification Letter from the Office of Refugee Resettlement (ORR). The "certification date" on the letter was June 15, 2010. This is the date Elena became a qualified alien and met immigration status requirements for federally funded assistance.

Example: Mr. Heinz, age 70, is a Lawful Permanent Resident granted under U Visa, has not met he 5 year waiting period requirement, receiving VTTC. After the 5-year waiting period, Mr. Heinz's eligibility for regular AABD should be reviewed.

Example: Rosa Maria came to the U.S. in 2017 as a student. She married a lawful permanent resident, who received notice of his family visa petition on March 1, 2018. She became a victim of domestic violence and no longer lives with her abuser husband. She hasn't yet adjusted to lawful permanent residence and doesn't have her green card. The date she became "qualified" is March 1, 2017, because that's the date of the family visa petition. Her five-year bar will be over on February 28, 2022. (When she has her adjustment interview on June 1, 2022, her green card, or Resident Alien Card USCIS form I-551, will have that date as a Resident Since date).

Example: Lai came to the U.S. as a refugee on September 1, 1999. One year later she adjusted to lawful permanent residence status. Her Permanent Resident card shows her date of entry as September 1, 1999, and has the category code "RE-6", for "refugee". Lai is not subject to the five-year bar, even though she is currently a lawful permanent resident.

Example: Maggie came to the U.S. in 2006 as a student. She applied for asylum with USCIS on September 1, 2008, and 11 months later received a USCIS decision granting her asylum. A USCIS letter stated her asylum approval date was August 26, 2009. On this date Maggie became a qualified alien and met immigration status eligibility requirement for federally funded assistance.