Ineligible Non-Citizens 510-03-35-55

(Revised 10/1/2026 Release 26.4)

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(N.D.A.C. Section 75-02-02.1-18)

 

  1. The following non-citizens may be lawfully present in the U.S. for a temporary or a specific period. These individuals are ineligible non-citizens and are not eligible for Medicaid, but they may be eligible for Emergency Services if they meet all other Medicaid requirements.

    1. Diplomats and foreign government representatives on official business and their families and staff;

    2. Visitors for business or pleasure, including exchange visitors;

    3. Non-citizens in travel status while traveling directly through the U.S.;

    4. Crewmen on shore leave;

    5. Treaty traders and investors and their families;

    6. Foreign students;

    7. International organization representatives and personnel and their families and staff;

    8. Temporary workers, including agricultural contract workers; and

    9. Members of foreign press, radio, film, or other information media and their families.

  2. These ineligible non-citizens may have the following types of documentation:

    1. Form I-94;

    2. Arrival-Departure Record;

    3. DSP-150 Border Crossing Card and B-1/B-2 visitor visa;

    4. I-586 Mexican Border Crossing Card;

    5. Form I-95A, Crewman’s Landing Permit.

  3. Undocumented non-citizens are not lawfully present in the U.S. They are not eligible for Medicaid, but they may be eligible for Emergency Services if they meet all other Medicaid requirements.