Qualified Non-Citizens 510-03-35-58

(Revised 5/5/2025 ML #3929)

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Qualified non-citizens are individuals that have been legally admitted and may be eligible for Medicaid if they meet all other Medicaid eligibility criteria. Some qualified non-citizens may be eligible under the Refugee Medical Assistance Program if they do not meet all other Medicaid eligibility criteria. The following categories of individuals are qualified non-citizens: (Forms indicated below are USCIS or Immigration and Naturalization Service (INS) forms and the sections refer to the Immigration and Nationality Act (INA).

 

Individuals with the documents described in subsections 2 through 14 below may be eligible for Medicaid from their date of arrival in North Dakota, without being subject to the five-year ban or required to meet the forty qualifying quarters of social security coverage, as long as they meet all other Medicaid criteria:

 

  1. Non-citizens who are lawfully admitted for permanent residence (LPR) may be eligible as described in sections 510-03-35-60 and 510-03-35-65.
  1. Honorably discharged veterans, non-citizens on active duty in the United States’ armed forces, and the spouse or unmarried dependent child(ren) of such individuals with:
    1. Verification of honorable US military discharge (such as a DD214);
    2. Verification of relationship of family members.
  1. Refugees who possess one of the following:
    1. Form I-94 (Arrival Departure Record) showing "207" or "REFUG" or codes RE1, RE2, RE3, RE4, or RE5;
    2. Form I-766 (Employment Authorization Document) with code A3;

    3. Form I-571 (Refugee Travel Document);

    4. Form I-551 or I-151 (Permanent Resident Card) with codes R8-6; RE6, RE7, RE8, RE9.

  1. Asylees who have been granted asylum (not applicants for asylum) and posess one of the following:

    1. Form I-94 showing “208” or “asylee” and/or codes of AS1, AS2, or AS3);

    2. Form I-766 annotated A5;

    3. A grant letter from Asylum office of USCIS;

    4. An order from immigration judge granting asylum;

    5. Form I-571 or;

    6. Form I-551 or I-151 with codes AS6, AS7, AS8, AS9, GA-6 to GA-8.

  1. Cuban and Haitian Entrants who possess one of the following:

    1. Form I-94 showing “Cuban/Haitian Entrant” or “parole” under Section 212(d)(5) or codes CU6, or CU7 or “OOE” or ”outstanding orders of exclusion”, Citation of INA 212(d)(5) or the word “Parole” Automated I-94 Codes CH, CP, HF, HR, HT, HQRAP, PARCIS; codes EQ1, AM2, AM3;

    2. Form I-151 or I-551 with National of Cuba or Haiti and codes CH6,CH7,CNP, CU0, CU-6, CU-7, CU-8, CU-9, CUP, HA-6 to HA-9; HB-6 to HB-9; HD-6 to HD-9; HE-6 to HE-9, or NC-6 to NC-9;

    3. Forms I-766 with code A04, A12, C08,C10,C11;

    4. Form I-327- Re-entry Permit;

    5. Form I-797 A and C- USCIS Notice of Action Receipt of Asylum Application;

    6. Form I-862- Notice to Appear;

    7. Form I-220A- Order of Release on Recognizance;

    8. Form I-797A- USCIS Notice of Action;

    9. Form I-589- Date stamped by the Executive Office for Immigration Review (EOIR);

    10. Form I-485- Date stamped by EOIR;

    11. Form Executive Office for Immigration Review (EOIR)-26;

    12. DHS forms: I-221, I-862, I-220A, I-122, I-221S;

    13. Other applications for relief that have been date stamped by EOIR or;

    14. Other documentation pertaining to an applicant's removal, exclusion, or deportation proceedings.

  1. Victims of a severe form of trafficking and their families (non-citizens granted non-immigrant status under Section 101(a)(15)(T) of the Immigration and Nationality Act (INA) who have a pending application that sets forth a prima facie case for eligibility for that non-immigrant status) who possess one of the following:
    1. Form I-94 showing codes T-1 or T-2;
    2. Form I-94 or passport showing non-immigrant status under 101(a)(15)(T);
    3. Form I-766 showing 247a.12(a)(16), A16, 274a.12(c)(25) or C25;
    4. Other INS document showing non-immigrant status under Section101(a)(15)(T) of the INA or;
    5. Any verification from the INS or other authoritative documents showing non-immigrant status under Section 101(a)(15)(T) of the INA.
  1. Non-citizens whose deportation was withheld under Section 243(h) of the Immigration and Naturalization Act (INA) who possess one of the following:
    1. Form I-94 or foreign passport showing “243(h)” or “241(b)(3)”;
    2. Form I-766 with code of “274a.12(a)(10) or A10; or
    3. Form I-571.
  1. Non-citizens admitted as an Amerasian immigrant who possess one of the following:
    1. Form I-94 showing National of Vietnam and AM1, AM2, or AM3; or
    2. Form I-151 or I-551 showing National of Vietnam and AM-1, AM-2, AM-3, AM-6, AM-7; or AM-8.
  1. American Indians born in Canada as described in 510-03-35-50.
  1. Non-citizens paroled into the United States under Section 212(d)(5) of the INA for a period of at least 1 year who possess one of the following:
    1. Form I-94 showing “212(d)(5)” or “parolee” or “PIP”;
    2. Form I-766 with code such as 274a.12(a)(4), or A4, or 274a.12(c)(11);or
    3. Cuban-Haitian entrants with parole status.
  1. Certain battered non-citizens; battered non-citizen children; and the parents of such children with a Form I-551 card showing B2-1, B2-3, B2-6, or B2-8.
  1. Iraqi and Afghan Special Immigrants and their families who possess:
    1. Form I-94 with a stamp of “IV” and category SQ1, SQ2, SQ3, SQ4, SQ5, SI1, SI2 or SI3 and date of entry; COA of OAR, PAR, or DT;
    2. An Afghan or Iraqi passport with a stamp of “IV” and category CQ1, CQ2, CQ3, SQ1, SQ2, SQ3, SQ6, SQ7, SQ8, SI1, SI2 or SI3 and DHS stamp or notation on passport showing date of entry; COA of OAR, PAR, or DT with CBP PAROLED stamp and/or parole COA notation;
    3. Form I-551 showing national of Afghanistan or Iraq with “IV” code of CQ1, CQ2, CQ3, SQ1, SQ2, SQ3, SQ6, SQ7, SQ8, SQ9, SI6, SI7, SI9 or;
    4. Form I-766 with a stamp of ‘IV’ code of SQ4 and SQ5 with C11 Parolee category. COA of OAR, PAR, or DT with C11 Parolee category.
  1. Non-citizens granted conditional entry under section 203(a)(7) of the INA in effect prior to April 1, 1980:
    1. Form I-94 or other document showing “conditional entrant”, “refugee conditional entry”, “seventh preference”; “section 203(a)(7)”; “P7” ;
    2. Form I-766 annotated “A3”; or
    3. Any verification from the INS or other authoritative document.

  2. Individuals from the Federated States of Micronesia, the Marshall Islands or Palau, are permanent non-immigrants and must posses one of the following:
  1. Form I-94 Arrival/Departure Record created electronically upon arrival to an air or sea port of entry. Paper versions can be obtained by logging on to U.S. Customs and Border Protection (CBP) at CBP’s I-94 website. Form I-94 will contain an admission stamp, but not an “admit until” date. Form I-94 printed from the CBP website will show an “admitted until” date of D/S (duration of status). D/S indicates that the individual is authorized to remain in the United States as long as they maintain a valid status.
  2. A valid, unexpired passport from Federated States of Micronesia (FSM), Republic of Marshall Islands (RMI), or Republic of Palau (PAL).