---
id: "epm:H"
source: "Minnesota Health Care Programs Eligibility Policy Manual"
source_short: "EPM"
publisher: "Minnesota Department of Human Services"
section: "H"
title: "Appendix H Lawfully Present Noncitizens"
breadcrumb: "H Appendix H Lawfully Present Noncitizens"
effective_date: 2025-10-14
last_modified: 2026-10-03T04:10:19.068661+00:00
version: 1
url: "https://bot-corpus.mn-dhs.online/s/epm/H"
official_origin: "https://hcopub.dhs.state.mn.us/epm/appendix_h.htm"
legal_citations:
  - "Code of Federal Regulation, title 42, section 600.5 Lawfully Present"
  - "Code of Federal Regulations, title 45, section 155.20 Lawfully Present"
  - "United States Code, title 42, section 1396b(v)(4)"
  - "Centers for Medicare & Medicaid Services State Health Officials letter re: Individuals with Deferred Action for Childhood Arrivals (August 28, 2012), at www.medicaid.gov/Federal-Policy-Guidance/downloads/SHO-12-002.pdf"
  - "Centers for Medicare & Medicaid Services State Health Officials letter re: Medicaid and CHIP Coverage of “Lawfully Residing” Children and Pregnant People (July 1, 2010), at www.cms.gov/smdl/downloads/SHO10006.pdf"
---
# EPM H Appendix H Lawfully Present Noncitizens

Lawfully present is a term used in Minnesota Health Care Programs (MHCP) eligibility determinations for noncitizens. See EPM [2.1.2.2.2 MA Immigration Status](https://bot-corpus.mn-dhs.online/s/epm/2.1.2.2.2) and EPM [3.2.1.2 MinnesotaCare Lawful Presence and DACA](https://bot-corpus.mn-dhs.online/s/epm/3.2.1.2).

A noncitizen who presents as or with any of the following is considered lawfully present:
- Afghan or Iraqi Special Immigrant
- Amerasian Immigrant
- Applicant for any of the following:
  - Adjustment to lawful permanent resident status
  - Asylum
    - if age 14 or over, the person must have been granted an employment authorization document (EAD or work permit)
  - Withholding of removal or deportation
    - if age 14 or over, the person must have been granted an employment authorization document (EAD or work permit)
- Asylee
- Battered noncitizen, including a child of a battered noncitizen
- Citizens of the Freely Associated States - the Federated States of Micronesia, the Republic of Marshall Islands, or the Republic of Palau
- Conditional Entrant
- Cuban or Haitian Entrant
- Deferred Action
  - For Deferred Action for Childhood Arrivals, see [Deferred Action for Childhood Arrivals (DACA)](https://hcopub.dhs.state.mn.us/epm/#DACA)
- Deferred Enforced Departure (DED)
- Family Unity Beneficiary
- Granted an administrative stay of removal
- Granted an employment authorization document (EAD or work permit)
  - If employment authorization document is granted based on Deferred Action for Childhood Arrivals, see [Deferred Action for Childhood Arrivals (DACA)](https://hcopub.dhs.state.mn.us/epm/#DACA).
- Lawful Permanent Resident (LPR)
- Lawfully present in American Samoa and Commonwealth of Northern Mariana Islands
- Members of a federally recognized Indian tribe or American Indians born in Canada
- Nonimmigrant status, including, but not limited to people with:
  - K-Visas
  - Student Visas
  - Tourist Visas
  - U-Visas
  - V-Visas
  - Worker Visas
- Paroled into the United States
- Refugee
- Special Immigrant Juvenile petition, either pending or approved
- Temporary Protected Status (TPS)
- Temporary Resident Status under 8 USC 1160 or 1255a
- Trafficking victim or T-Visa holders
- Withholding of removal or deportation, including under Convention Against Torture

## Deferred Action for Childhood Arrivals (DACA)

### MinnesotaCare

A DACA grantee is considered lawfully present for MinnesotaCare. See EPM [3.2.1.2 MinnesotaCare Lawful Presence and DACA](https://bot-corpus.mn-dhs.online/s/epm/3.2.1.2).

### Medical Assistance (MA) and Minnesota Family Planning Program (MFPP)

A DACA grantee who is under age 21 or is pregnant is not considered lawfully present for MA or MFPP. See [2.1.2.2.2 MA Immigration Status](https://bot-corpus.mn-dhs.online/s/epm/2.1.2.2.2) and EPM [4.1 Minnesota Family Planning Program](https://bot-corpus.mn-dhs.online/s/epm/4.1).

## Legal Citations

- Code of Federal Regulation, title 42, section 600.5 Lawfully Present
- Code of Federal Regulations, title 45, section 155.20 Lawfully Present
- United States Code, title 42, section 1396b(v)(4)
- Centers for Medicare & Medicaid Services State Health Officials letter re: Individuals with Deferred Action for Childhood Arrivals (August 28, 2012), at www.medicaid.gov/Federal-Policy-Guidance/downloads/SHO-12-002.pdf
- Centers for Medicare & Medicaid Services State Health Officials letter re: Medicaid and CHIP Coverage of “Lawfully Residing” Children and Pregnant People (July 1, 2010), at www.cms.gov/smdl/downloads/SHO10006.pdf