Individuals in the following statuses may be eligible for Qualified Health Plans or MassHealth, depending on income, age, disability status, pregnancy status and other factors.
- Amerasians as described in section 402(a)(2)(A)(i)(V) of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996;
- Persons granted asylum under section 208 of the Immigration and Nationalization Act (INA);
- Persons who entered as Cuban/Haitian entrants under section 501(e) of the Refugee Education Assistance Act of 1980;
- Persons whose deportation has been withheld under section 243(h) or 241(b)(3) of the INA, as provided by section 5562 of the federal Balanced Budget Act of 1997;
- Native Americans with at least 50 percent American Indian blood who were born in Canada pursuant to section 289 of the INA or other tribal members born in territories outside of the U.S. pursuant to 25 U.S.C. 450b(e);
- Refugees admitted under section 207 of the INA;
- Victims of severe forms of trafficking; and spouse, child, sibling or parent of the victim, in accordance with the Victims of Trafficking and Violence Protection Act of 2000 (Pub. L. 106-386) as amended;
- Iraqi Special Immigrants granted special immigrant status under section 101(a)(27) of the INA, pursuant to section 1244 of Public Law 110-181 or section 525 of Public Law 110-161;
- Afghan Special Immigrants granted special immigrant status under section 101(a)(27) of the INA, pursuant to section 525 of Public Law 110-161;
- Conditional entrants under section 203(a)(7) of the INA a in effect before April 1, 1980;
- Veterans of the United States Armed Forces with an honorable discharge not related to their noncitizen status; Filipino war veterans who fought under U.S. command during WWII; Hmong and Highland Lao veterans who are admitted for legal permanent residence (LPR) and who fought under U.S. command during the Vietnam War; persons with noncitizen status on active duty in the U.S. Armed Forces, other than active duty for training; or their spouse, unremarried surviving spouse, or unmarried dependent children;
- Persons admitted for legal (lawful) permanent residence (LPR) under the Immigration and Nationality Act (INA)
- Persons granted parole for at least one year under section 212(d)(5) of the INA;
- Battered spouse, child or child of battered parent or parent of battered child who meets the criteria of section 431(c) of the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA);
- In a valid nonimmigrant status (visa) as otherwise defined in 8 U.S.C. 1101(a)(15) or otherwise under immigration laws (as defined in 8 U.S.C. 1101(a)(17);
- Paroled into the United States in accordance with 8 U.S.C. 1182(d)(5) for less than one year, except for an individual paroled for prosecution, for deferred inspection or pending removal proceedings;
- Granted temporary resident status in accordance with 8 U.S.C. 1160 or 1255a, respectively;
- Granted Temporary Protected Status (TPS) in accordance with 8 U.S.C. 1254a, and individuals with pending applications for TPS who have been granted employment authorization;
- Granted employment authorization under 8 CFR 274a.12(c);
- Family Unity beneficiaries in accordance with section 301 of Public Law 101–649, as amended;
- Under Deferred Enforced Departure (DED) in accordance with a decision made by the President;
- Granted Deferred Action Status, except for applicants or individuals granted status under DHS Deferred Action for Childhood Arrivals Process (DACA);
- Granted an administrative stay of removal under 8 CFR part 241;
- Beneficiary of approved visa petition who has a pending application for adjustment of status;
- Have a pending application for asylum under 8 U.S.C. 1158, or for withholding of removal under 8 U.S.C. 1231, or under the Convention Against Torture who:
- have been granted employment authorization; or
- are under the age of 14 years old and has had an application pending for at least 180 days;
- Have been granted withholding of removal under the Convention Against Torture; or
- Is a child who has a pending application for Special Immigrant Juvenile status as described in 8 U.S.C. 1101(a)(27)(J) .
Individuals in the immigration statuses listed below are not eligible for Qualified Health Plans but may be eligible for MassHealth depending on age, income, disability status, pregnancy status and other factors.
- Noncitizens living in the United States in accordance with an indefinite stay of deportation;
- Noncitizens living in the United States in accordance with an indefinite voluntary departure;
- Noncitizens and their families who are covered by an approved immediate relative petition, who are entitled to voluntary departure, and whose departure the United States Department of Homeland Security (DHS) does not contemplate enforcing;
- Noncitizens granted voluntary departure by the DHS or an Immigration Judge, and whose deportation the DHS does not contemplate enforcing;
- Noncitizens living under orders of supervision who do not have employment authorization under 8 CFR 274a.12(c);
- Noncitizens who have entered and continuously lived in the US since before Jan. 1, 1972;
- Noncitizens granted suspension of deportation, and whose departure the DHS does not contemplate enforcing;
- Noncitizens with pending applications for asylum under 8 U.S.C. 1158, or for withholding of removal under 8 U.S.C. 1231, or under the Convention against Torture who have not been granted employment authorization, or are under the age of 14 and have not had an application pending for at least 180 days;
- Noncitizens granted Deferred Action for Childhood Arrivals status or who have a pending application for this status;
- Noncitizens who have filed an application, petition, or request to obtain a lawfully present status that has been accepted as properly filed, but who have not yet obtained employment authorization and whose departure DH S does not contemplate enforcing; or
- Any noncitizen living in the United States with the knowledge and consent of the DHS, and whose departure the DHS does not contemplate enforcing. (These include persons granted Extended Voluntary Departure due to conditions in the noncitizen’s home country based on a determination by the U.S. Secretary of State.)