State of Wisconsin Department of Health Services

HISTORY

The policy on this page is from a previous version of the handbook. 

4.3 Immigrants

4.3.1 Public Charge

4.3.2 INS Reporting

4.3.3 Continuous Presence

4.3.4 Immigration Status Chart

4.3.5 Iraqis & Afghans With Special Immigrant Status

4.3.5.1 Counting Refugee Related Income

4.3.5.2 Refugee Medical Assistance

  Immigrants are persons who reside in the U.S., but are not U.S. citizens or nationals.  The immigrants described below, who apply for BadgerCare Plus and meet all eligibility requirements, are entitled to receive BadgerCare Plus benefits.   
 

1. A refugee admitted under Immigration & Nationality Act (INA) Section 207.  

 

A refugee is a person who flees his or her country due to persecution or a well-founded fear of persecution because of race, religion, nationality, political opinion, or membership in a social group.

 

An immigrant admitted under this refugee status may be eligible for BadgerCare Plus even if his or her immigration status  later changes.

 

2. An asylee admitted under INA Section 208.

 

Similar to a refugee, this is a person who seeks asylum and is already present in the U.S. when he or she requests permission to stay.

 

An immigrant admitted under this asylee status may be eligible for BadgerCare Plus even if his or her immigration status later changes.

 

3.  An immigrant whose deportation is withheld under INA Section 243(h) and such status was granted prior to April 1, 1997, or an immigrant whose removal is withheld under INA Section 241(b)(3) on or after April 1, 1997.

 

An immigrant admitted under this status may be eligible for BadgerCare Plus even if his or her immigration status later changes.

 

4. A Cuban/Haitian entrant.

 

An immigrant admitted under this Cuban/Haitian entrant status may be eligible for BadgerCare Plus even if his or her immigration status later changes.
 

5. An American Indian born in Canada who is at least 50% American Indian by blood, or an American Indian born outside the U.S. who is a member of a Federally recognized Indian tribe.

 

6. **Lawfully admitted for permanent residence under the INA. 8 USC 1101 et seq.
    
7. **Paroled into the U.S. under INA Section 212(d)(5).  
    
8. **Granted conditional entry under immigration law in effect before April 1, 1980 [INA Section 203(a)(7)].
    
9. **An immigrant who has been battered or subjected to extreme cruelty in the U.S. and meets certain other requirements.
    
10. **An immigrant whose child has been battered or subjected to extreme cruelty in the U.S. and meets certain other requirements.
     
11. **An immigrant child who resides with a parent who has been battered or subjected to extreme cruelty in the U.S. and meets certain other requirements.
     
12. Victims of a severe form of trafficking in accordance with 107(b)(1) of the Trafficking Victims Protection Act of 2000 (P.L. 106-386).
     

**If these immigrants lawfully entered the U.S. on or after August 22, 1996, they must also be one of the following:

 

 

 

 

 

6. 1. Lawfully residing in Wisconsin and an honorably discharged veteran of the U.S. Armed Forces, or
       
   2. Lawfully residing in Wisconsin and on active duty ( other than active duty for training ) in the U.S. Armed Forces, or
       
   3. Lawfully residing in Wisconsin and the spouse, unmarried dependent child, or surviving spouse of a person described in "a" or "b" or
       
   4. An Amerasian.
       
   5. Resided in the U.S. for at least five years since his or her date of entry. See 4.3.3 Continuous Presence, or

  Beginning, October 1, 2009, children under the age of 19, young adults under age 21 residing in an IMDInstitute for Mental Disease , and pregnant women who are either:
 

• Lawfully Admitted for Permanent Residence ( CARES TCTZ Code #1 in Immigration Status Chart below),
• Lawfully present under Section 203(a)(7) (Code #3 in Immigration Status Chart below),
• Lawfully present under Section 212(d)(5) (Code #6 in Immigration Status Chart below), or
• Who suffer from domestic abuse and are considered to be a battered immigrant (Code #16 in Immigration Status Chart below),

  no longer have to wait 5 years to be eligible for full benefit Medicaid and BadgerCare Plus.  This policy applies to both persons in existing open cases and new applicants.  Women have the 5-year ban lifted when their pregnancy is verified and continues for an additional 60 days after the last day of pregnancy and through the end of the month in which the 60th day occurs.     In addition, children under the age of 19, young adults under age 21 residing in an IMD, and pregnant women who are legally present in the U.S., under any of the non-immigrant statuses listed in the table below may also qualify for BadgerCare Plus if otherwise eligible.   
 

USCIS Class of Admission Code or Section of the Federal Law Citation Authorizing Class
Description	Class of Admission Code (COA)/Section of Law Citation
Aliens currently in temporary resident status pursuant to section 210 or 245A of the Act.	S16, S26, W16, W25, W26, W36 or 8 CFR 103.12(a)(4)(i)
Aliens currently under Temporary Protected Status (TPS) pursuant to section 244 of the Act. Child accompanying or following to join a K-3 alien.	8 CFR 103.12(a)(4)(ii)
Family Unity beneficiaries pursuant to section 301 of Pub. L. 101-649. (These are the spouses and unmarried children of individuals granted temporary or permanent residence under Section 210 or 245A above.)	8 CFR 103.12(a)(4)(iv)
Aliens currently under Deferred Enforced Departure (DED) pursuant to a decision made by the President.	8 CFR 103.12(a)(4)(v)
Aliens currently in deferred action status pursuant to Service Operations Instructions at OI 242.1(a)(22).	8 CFR 103.12(a)(4)(vi)
Aliens who are the spouse or child of a United States citizen whose visa petition has been approved and who have a pending applicationA request for BadgerCare Plus coverage. The request must be on the Department's application or registration form and must contain name, address, and a valid signature. The applicant must submit a signed and completed application form to complete the application process. for adjustment of status	8 CFR 103.12(a)(4)(vii)
Legal non-immigrants from the Compact of Free Association states (Republic of the Marshall Islands, the Federated States of Micronesia and the Republic of Palau) who are considered permanent non-immigrants.	NA
An alien who is the fiancée or fiancé of a U.S. citizen entering solely to conclude a valid marriage contract.	K-1
Child of K-1	K-2
Spouse of a U.S. citizen who is a beneficiary of a petition for status as the immediate relatives of a U.S. citizen (I-130).	K-3
Child accompanying or following to join a K-3 alien.	K-4
Parent of an alien classified SK3 or SN3	N-8
Child of N-8 or of an alien classified SK1, SK2, SK4, SN1, SN2, SN4.	N-9
Temporary worker to perform work in religious occupations.	R1
Spouse and children of R1	R2
An alien who is in possession of critical reliable information concerning a criminal organization or enterprise, is willing to supply or has supplied such information to Federal or State law enforcement authorities or a Federal or State court; and whose presence in the United States the Attorney General determines is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the criminal organization or enterprise	8 U.S.C. 1101(a)(15)(S)(i)
An alien who the Secretary of State and the Attorney General jointly determine is in possession of critical reliable information concerning a terrorist organization, enterprise, or operation; is willing to supply or has supplied such information to Federal law enforcement authorities or a Federal court; will be or has been placed in danger as a result of providing such information; and is eligible to receive a reward from the State Department.	8 U.S.C. 1101(a)(15)(S)(ii)
An alien who is the spouse, married and unmarried sons and daughters, and parents of an alien in possession of critical reliable information concerning either criminal activities or terrorist operations.	8 U.S.C. 1101(a)(15)(S)
Individuals who have suffered substantial physical or mental abuse as victim of criminal activity.	U-1
An alien who is the spouse, child, unmarried sibling or parent of the victim of the criminal activity above.	U-2, U-3, U-4, U-5
An alien who are the spouses or children of an alien lawfully admitted for permanent residence and who have been waiting since at least December 2000 for their visa application to be approved.	V-1, V-2, V-3

  Immigrants, who do not appear in the lists above, who apply for BadgerCare Plus and meet all eligibility requirements except for citizenship are entitled to receive BadgerCare Plus Emergency Services only (Chapter 39).  
  Pregnant immigrants who do not appear in the list above, who apply for the BadgerCare Plus  Prenatal Program ( BadgerCare PlusPP ) (Chapter 41) and who meet the eligibility requirements except for citizenship are entitled to receive those benefits.
  Immigration status is an individual eligibility requirement.  It does not affect the eligibility of the BadgerCare Plus Group.  The citizen spouse or child of an ineligible immigrant may still be eligible even though the immigrant is not.   Verify immigration status using the procedures in the SAVE Manual.

4.3.1 Public Charge

The receipt of BadgerCare Plus by an undocumented, non-qualifying, or qualifying immigrant or by the children or spouse for whom the individual is legally responsible does not establish the person as a public charge.   Undocumented, non-qualifying, or qualifying immigrants are considered to be a public charge if while receiving BadgerCare Plus, he or she is in a medical institution for more than the length of a rehabilitative stay.   Undocumented, non-qualifying, or qualifying immigrants concerned about being considered a "public charge", should be directed to contact the INS field office to seek clarification of the difference between rehabilitative and other types of institutional stays.

4.3.2 INS Reporting

Do not refer an immigrant to Immigration and Naturalization Service (INS) unless information for administering the BadgerCare Plus program is needed.  For example, if BadgerCare Plus needs to determine an individual’s location for repayment or fraud prosecution, or to determine his or her immigration status.  

4.3.3 Continuous Presence

 

Certain non-citizens who arrived in the U.S. on or after August 22, 1996 are subject to a five year ban on receiving federal benefits (including BadgerCare Plus and Medicaid), other than emergency services.  For these immigrants the five year ban is calculated beginning on the day on which an individual gains qualified immigrant status.  However certain applicants who alleged an arrival date in the U.S. before August 22, 1996 and obtained legal qualified immigrant status after August 22, 1996, are not subject to the five year ban and may be eligible to receive federal BadgerCare Plus enrollment.  The immigrants described below, who apply for BadgerCare Plus and meet all eligibility requirements, are entitled to receive BadgerCare Plus benefits.

 

 

1. A non-citizen who arrived in the U.S. before August 22, 1996 in a legal, but non-qualified, immigration status and changed their status to a qualified immigrant on or after August 22, 1996.  This individual would not be subject to the five year ban if they remained continuously present from his or her date or arrival in the U.S. until the date he or she gained qualified immigration status.
    
2. A non-citizen who arrived in the U.S. before August 22, 1996 in undocumented status or who overstayed his or her original visa is treated the same as someone who arrived and remained in the U.S. with valid immigration documents.  Therefore, if this individual remained continuously present from his or her date of arrival in the U.S. until the date he or she gained qualified immigration status, he or she would not be subject to the five year ban.

 

 

 

3. For those non-citizens who arrived in the U.S. with or without documentation on or after August 22, 1996 or those for who continuous presence cannot be verified, the five year ban applies from the date the individual obtained qualified immigrant status.

  An individual meets the "continuous presence" test if they:
 

 

1. Did not have a single absence from the U.S. of more than 30 days, or
2. Did not  have a cumulative number of absences totaling more than 90 days.
    

To establish continuous presence, require a signed statement from the applicantA request for BadgerCare Plus coverage. The request must be on the Department's or Federally-facilitated Marketplace’s application, registration form or account transfer (from Federally-facilitated Marketplace) and must contain name, address, and a valid signature. The applicant must submit a signed and completed application form to complete the application process. stating he or she was continuously present for the period of time in question.  The signed statement will be sufficient unless a worker believes the information is fraudulent or further information received now indicates that it is questionable.     Below is one example of a signed statement:  

I, first and last name, hereby declare that I have continuously resided in the United States between the day I arrived in the United States, date here, and the date I received qualified alien status, date here.  I have not left the United States in that time for any single period of time longer than 30 days or for multiple periods totaling more than 90 days.

Applicant/ Authorized Representative Signature, Date 

 

Verification

 

Primary verification is done through Systematic Alien Verification for Entitlement ( SAVE ) which is an automated telephone and computer database system.  A worker processing an application can compare the date received from SAVE with the date on the immigration documents presented. The primary verification query via SAVE most likely results in returning the latest date of any qualified alien status update for an individual, not his or her original date of arrival.  The only way to obtain an accurate date of arrival for those who don't meet an exemption category and who allege a date of arrival prior to August 22, 1996 is through the secondary verification procedure.   It may be necessary to complete a secondary verification procedure with USCIS, including confirming the date of arrival, in the following situations:

 

 

• The applicant does not fall into any of the categories of non-citizens who are exempt from the five year ban (e.g. refugees, asylees, those with military service, etc).
• An IM worker has made an initial or primary verification inquiry using the SAVE database. The information from the inquiry conflicts with information on the applicant's immigration documents or what he or she is telling  the IM worker.
• A non citizen applicant tells an IM worker he or she came to the U.S. prior to August 22, 1996.  If he or she arrived in a legal or documented status, the IM worker needs to verify the date of arrival to ensure that the correct alien eligibility rules are being applied.
• Save returns the message, "Institute Secondary Verification".
• IM worker finds any questionable information in the initial verification process.

  The secondary verification procedure is a manual Document Verification Request and includes two forms, the Form G-845S and Form G-845 Supplement. These two forms must be submitted together in order to obtain the accurate U.S. arrival date.  When sending the forms, include any photocopies of immigration documents presented.  Although USCIS maintains a sub-office in Milwaukee, this office does not process these requests.  Send the forms to the following address:   US Citizenship and Immigration Services ATTN: Immigration Status Verifier 10 West Jackson Blvd. Chicago, IL 60604   An Immigration Status Verifier (ISV) will research the alien's records and complete the response portion of the verification request.   Note: An applicant who has provided documentation of his or her qualifying immigrant status is considered eligible, pending verification from INS.   Consult the SAVE manual for more information.    

 

 

Undocumented Non-Citizens

 

In cases in which it is known that the applicant originally arrived in the U.S. in undocumented status, do not attempt to verify his or her status with the U.S. Citizenship and Immigration Services (USCIS ) Undocumented immigrants do not have any official documentation regarding their date of arrival. Therefore, if a worker needs to establish a date of arrival for a qualified immigrant who originally arrived as an undocumented immigrant prior to August 22, 1996, alternative methods need to be used.  In such cases the applicant must provide at least one piece of documentation that shows his or her presence in the U.S. prior to August 22, 1996.  This may include pay stubs, letter from an employer, lease or rent receipts, or a utility bill in the applicant's name.
  

 

 

 

 

 

 

 

 

 

 

 

 

 

4.3.4 Immigration Status Chart  

CARES TCTZ Code	Immigration Status	Arrived Before 08/22/96	Veteran* Arrived before 8-22-96	Arrived on or after 8-22-96	Veteran* Arrived on or after 8-22-96	Children under age 19 and pregnant women; Arrived on or after 08/22/96
01	Lawfully admitted for permanent residence	Eligible	Eligible	Ineligible for 5 years	Eligible	Effective 10/01/09 Eligible
02	Permanent resident under color of law (PRUCOL)	Ineligible	Ineligible	Ineligible	Ineligible	Ineligible
03	Lawfully present under Section 203(a)(7)	Eligible	Eligible	Ineligible for 5 years	Eligible	Effective 10/01/09 Eligible
04	Lawfully present under Section 207(c)	Eligible	Eligible	Eligible	Eligible	Eligible
05	Lawfully present under Section 208	Eligible	Eligible	Eligible	Eligible	Eligible
06	Lawfully present under Section 212(d)(5	Eligible	Eligible	Ineligible for 5 years	Eligible	Effective 10/01/09 Eligible
07	IRCA (No longer valid)	N/A	N/A	N/A	N/A	N/A
08	Lawfully admitted - temporary	Ineligible	Ineligible	Ineligible	Ineligible	Ineligible
09	Undocumented Alien	Ineligible	Ineligible	Ineligible	Ineligible	Ineligible
10	Illegal Immigrant	Ineligible	Ineligible	Ineligible	Ineligible	Ineligible
11	Cuban/Haitian Entrant	Eligible	Eligible	Eligible	Eligible	Eligible
12	Considered a Permanent Resident by USCIS	Ineligible	Ineligible	Ineligible	Ineligible	Eligible
13	Special agricultural worker under Section 210(A)	Ineligible	Ineligible	Ineligible	Ineligible	Eligible
14	Additional special agricultural worker under Section 210(A)	Ineligible	Ineligible	Ineligible	Ineligible	Eligible
15	Withheld deportation - Section 243(h)	Eligible	Eligible	Eligible	Eligible	Eligible
16	Battered Immigrant	Eligible	Eligible	Ineligible for 5 years	Eligible	Effective 10/01/09 Eligible
17	Amerasian	Eligible	Eligible	Eligible	Eligible	Eligible
18	Foreign Born Native American	Eligible	Eligible	Eligible	Eligible	Eligible
19	Victims of Trafficking	Eligible	Eligible	Eligible	Eligible	Eligible
20	Lawfully Residing	Ineligible	Ineligible	Ineligible	Ineligible	Eligible

  * "Veteran" includes certain veterans and active duty servicemen and women, their spouses, dependent children, or certain surviving spouses.  

4.3.5 Iraqis & Afghans With Special Immigrant Status

Beginning December 19, 2009, Special Immigrants from Iraq or Afghanistan (Class of Admission Codes SI-1, 2, 3, 6, 7 and 8) are to be treated like they are refugees when determining their eligibility for BadgerCare Plus for as long as they have this Special Immigration status.  This policy applies to these immigrants regardless of when they received this status.

 

 

Class of Admission code	Description	CARES Alien Registration Status Code
SI1	Nationals of Iraq or Afghanistan serving as interpreters with the U.S. Armed Forces	Code 04
SI2	Spouses of an SI1	Code 04
SI3	Children of an SI1	Code 04
SI6	Nationals of Iraq or Afghanistan serving as interpreters with the U.S. Armed Forces	Code 04
SI7	Spouses of an SI6	Code 04
SI8	Children of an SI6	Code 04

 

 

4.3.5.1 Counting Refugee Related Income

Refugee Cash Assistance (RCA) program payments are not counted as income for BadgerCare Plus.  RCA is administered by Wisconsin Works agencies and is made available for refugees who do not qualify for Wisconsin Works.   Refugee "Reception and Placement" (R&P) payments are not counted as income for BadgerCare Plus.  R & P payments are made to refugees during the first 30 days after their arrival in the U.S.  R & P payments are made by voluntary resettlement agencies and may be a direct payment to the refugee individual/ family or to a vendor.  

4.3.5.2 Refugee Medical Assistance

If an individual does not meet the other eligibility requirements for BadgerCare Plus, he or she may apply for Refugee Medical Assistance (RMA), which is not funded by BadgerCare Plus.  RMA is considered a separate benefit from BadgerCare Plus but provides the same level of benefits as these programs.  RMA is available only in the first eight months after a special immigrant’s date of entry.  If it is not applied for in that eight-month period, it cannot be applied for later.  Iraqi immigrants may be eligible for RMA for eight months and Afghan immigrants may be eligible for RMA for six months.     While W-2 agencies have contractual responsibility for providing RMA, they need to coordinate with economic support agencies to ensure eligibility for all regular BadgerCare Plus subprograms is tested first.     More information about this program is in the W-2 Manual Chapter 20  

Note:  The Federal Medicaid eligibility for all other refugees admitted under Alien Status Code 04 remains the same.

 

 

 

 

 

This page last updated in Release Number: 14-01

Release Date: 05/14/14

Effective Date: 05/13/14

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The information concerning the BadgerCare Plus program provided in this handbook release is published in accordance with: Titles XI, XIX and XXI of the Social Security Act; Parts 430 through 481 of Title 42 of the Code of Federal Regulations; Chapter 49 of the Wisconsin Statutes; and Chapters HA 3, DHS 2 and 101 through 109 of the Wisconsin Administrative Code.

Publication Number: P-10171