Article A Section 04.02 Alien Status


Table of Contents


PG cite





Aliens Subject to the 5 year Legal Permanent Resident Alien (LPR) Requirement


Aliens Exempt from the 5 year Legal Permanent Resident (LPR) Requirement


Expired Legal Permanent Resident (LPR) Card






A.04.02 Alien Status



Only individuals who are Legal Permanent Residents (LPR) or Qualified Aliens are eligible to receive LIHP benefits.  A copy of the documentation viewed by the Federally Qualified Health Center (FQHC) staff, Disproportionate Share Hospital (DSH) staff, or HOS/Non-HOS worker is needed in the case file. 


Section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), provides that certain immigrants who entered the U.S. on or after August 22, 1996 are not eligible to receive federally-funded benefits, including HCCI, for five (5) years from the date they entered the country with a status as a “qualified alien.”


CIPG LTR 11 (06/11)



The applicant must provide documentary evidence of his/her lawful immigration status.


Subject to the 5 year LPR Requirement

The following qualified aliens are subject to the five-year residency requirement unless the immigrant qualifies for one of the exemptions listed below:

·           Legal Permanent Resident (LPR), usually verified with form I-551, 

   I-151 or I-90;

·           Aliens granted parole for at least one year; or

·           Battered aliens.


Aliens Exempt from the 5 year LPR Requirement

The following qualified aliens are exempt from the five-year residency  requirement:

·           Refugees;

·           Asylees;

·           Cuban and Haitian Entrants;

·           Victims of a severe form of trafficking;

·           Aliens whose deportation is being withheld;

·           Qualified aliens who also are an honorably discharged veteran, or

  the spouse (including a surviving spouse who has not remarried)

  or unmarried dependent child of an honorably discharged veteran

  of the U.S. military;

·           Aliens admitted to the country as an Amerasian immigrant;

·           Legal permanent residents (LPR) who first entered the country

  under another exempt category (i.e., as a refugee, asylee, Cuban

      or Haitian entrant, trafficking victim, or alien whose deportation was

      being withheld) and who later converted to LPR status;

·           Members of a Federally-recognized Indian tribe, as defined in 25

  U.S.C. 450b(e); and

·           American Indians born in Canada to whom §289 of the

  Immigration and Nationality Act.


Expired LPR Card

LIHP shall follow Medi-Cal policy when an applicant/enrollee presents an expired LPR card.  A current SAVE from the Medi-Cal case can also be used.  Refer to MPG 07.03.


CMSPG LTR 18 (06/12)



PRUCOL immigrants are NOT eligible to apply for LIHP.