QUESTION

Who is a lawfully present immigrant for health insurance purposes?

Individuals with no coverage | Navigating Health Insurance Marketplace Options
ANSWER

Lawfully present immigrants generally include:

  • Lawful permanent residents (or “green card holders”);
  • Persons fleeing persecution, including refugees and asylees;
  • Other humanitarian immigrants, including those granted temporary protected status;
  • Cuban/Haitian entrants; and
  • Survivors of domestic violence, trafficking, and other serious crimes.

See this list with qualifying immigration statuses for marketplace coverage available here. (26 U.S.C. § 5000A (d)(3); HealthCare.gov, Immigration status and the Marketplace).

Note that beginning February 24, 2020, the current policy that determines whether certain immigrants would be considered a “public charge" expanded. Impact of the public charge rule will depend upon your personal circumstances. Please see a qualified immigration lawyer or use the Keep Your Benefits Guide (available in English, Spanish, and Chinese) to check if you may be subject to a public charge determination. The Guide is free and does not ask for any personal information. If you need immigration assistance, please call the Office for New Americans at 1-800-566-7636 to be connected to free or low-cost legal representation/counseling services.

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