3.2.2 ALIENS

3.2.2.1 Public Charge

3.2.2.2 INS Reporting

3.2.2.3 Alien Status Chart

Aliens are persons who reside in the U.S, but are not U.S. citizens or nationals.  The aliens described below, who apply for MA and meet all of the eligibility requirements, are entitled to receive full MA benefits.  Aliens, who do not appear in the list below, who apply for MA and meet all of the eligibility requirements are entitled to receive Emergency Services Medicaid (EMA).  Pregnant aliens, who do not appear in the list below, apply for the BadgerCare Prenatal Program (BCPP) and who meet the eligibility requirements are entitled to receive those benefits.

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

A refugee is a person who flees his/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 alien admitted under this status may be eligible for MA even if his/her alien 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 s/he requests permission to stay.

An alien admitted under this status may be eligible for MA even if his/her alien status later changes.

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

An alien admitted under this status may be eligible for MA even if his/her alien status later changes.

4. A Cuban/Haitian entrant.

An alien admitted under this status may be eligible for MA even if his/her alien 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 of the U.S. who is a member of a Federally recognized Indian tribe.

6. **Lawfully admitted for permanent residence under the INA.

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 alien who has been battered or subjected to extreme cruelty in the U.S. and meets certain other requirements.

10. **An alien whose child has been battered or subjected to extreme cruelty in the U.S. and meets certain other requirements.

11. **An alien child who resides with a parent who has been battered or subjected to extreme cruelty in the U.S. and meets certain other requirements.

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

1. Is an alien lawfully residing in Wisconsin who is an honorably discharged veteran of the U.S. Armed Forces.

2. Is an alien lawfully residing in Wisconsin who is on active duty ( other than active duty for training ) in the U.S. Armed Forces.

3. Is an alien lawfully residing in Wisconsin who is the spouse, unmarried dependent child, or surviving spouse of a person described in "a" or "b".

4. Is an Amerasian.

5. Has resided in the U.S. for at least five years since his/her date of entry.

Alien status is an individual eligibility requirement.  It does not affect the eligibility of the MA Group.  The eligible citizen spouse or child of an ineligible alien may still be eligible even though the ineligible alien is not.

Verify alien status using the procedures in the IMM, Ch. 1, Part D, 4.0.0.

NOTE:  Citizens of the Compact of Free Association States (CFAS) have a special status with the US that allows them to enter the country, work here and acquire an SSN without obtaining an immigration status.  However, Federal law does not recognize their non-immigrant status when it comes to eligibility for federal government benefits.  They are thus NOT eligible for regular Medicaid, unless they have obtained a qualifying immigration status.  Those CFAS citizens who do not have one of the immigration statuses above may qualify for emergency Medicaid.  The Compact of Free Association States include the Republic of the Marshall Islands, the Federated States of Micronesia and the Republic of Palau.

3.2.2.1 Public Charge

The receipt of MA or BadgerCare by the individual or by the children or spouse for whom the individual is legally responsible does not establish the person as a public charge.

3.2.2.2 INS Reporting

Do not refer an alien client to Immigration and Naturalization Service ( INS ).  The one exception is you may refer the alien if you need information for administering the MA program.  For example, if MA needs to determine client’s location for repayment or fraud prosecution, or to determine his/her alien status.

3.2.2.3  Alien Status Chart
 

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

This page last updated in Release Number : 06-04

Release Date:10/23/06

Effective Date: 10/23/06