Date of entry

Revised July 25, 2014

Purpose: To explain how to determine a lawfully present immigrant’s “date of entry” into the United States.

WAC 182-503-0535 Washington apple health -- Citizenship and immigration status.

Effective May 23, 2015.

  1. Definitions.
    1. Nonqualified alien means someone who is lawfully present in the United States (U.S.) but who is not a qualified alien, a U.S. citizen, a U.S. national, or a qualifying American Indian born abroad.
    2. Qualified alien means someone who is lawfully present in the United States and who is one or more of the following:
      1. A person lawfully admitted for permanent residence (LPR).
      2. An abused spouse or child, a parent of an abused child, or a child of an abused spouse who no longer resides with the person who committed the abuse, and who has one of the following:
        1. A pending or approved I-130 petition or application to immigrate as an immediate relative of a U.S. citizen or as the spouse of an unmarried LPR younger than twenty-one years of age.
        2. Proof of a pending application for suspension of deportation or cancellation of removal under the Violence Against Women Act (VAWA).
        3. A notice of prima facie approval of a pending self-petition under VAWA. An abused spouse's petition covers his or her child if the child is younger than twenty-one years of age. In that case, the child retains qualified alien status even after he or she turns twenty-one years of age.
      3. A person who has been granted parole into the U.S. for one year or more, under the Immigration and Nationality Act (INA) Section 212 (d)(5), including public interest parolees.
      4. A member of a Hmong or Highland Laotian tribe that rendered military assistance to the U.S. between August 5, 1964, and May 7, 1975, including the spouse, unremarried widow or widower, and unmarried dependent child of the tribal member.
      5. A person who was admitted into the U.S. as a conditional entrant under INA Section 203 (a)(7) before April 1, 1980.
      6. A person admitted to the U.S. as a refugee under INA Section 207.
      7. A person who has been granted asylum under INA Section 208.
      8. A person granted withholding of deportation or removal under INA Section 243(h) or 241 (b)(3).
      9. A Cuban or Haitian national who was paroled into the U.S. or given other special status.
      10. An Amerasian child of a U.S. citizen under 8 C.F.R. Section 204.4(a).
      11. A person from Iraq or Afghanistan who has been granted special immigrant status under INA Section 101 (a)(27).
      12. A person who has been certified or approved as a victim of trafficking by the federal office of refugee resettlement, or who is:
        1. The spouse or child of a trafficking victim of any age; or
        2. The parent or minor sibling of a trafficking victim who is younger than twenty-one years of age.
    3. U.S. citizen means someone who is a United States citizen under federal law.
    4. U.S. national means someone who is a United States national under federal law.
    5. Undocumented person means someone who is not lawfully present in the U.S.
    6. Qualifying American Indian born abroad means someone who:
      1. Was born in Canada and has at least fifty percent American Indian blood, regardless of tribal membership; or
      2. Was born outside of the United States and is a member of a federally recognized tribe or an Alaska Native enrolled by the Secretary of the Interior under the Alaska Native Claims Settlement Act.
  2. Eligibility.
    1. A U.S. citizen, U.S. national or qualifying American Indian born abroad may be eligible for:
      1. Apple health for adults;
      2. Apple health for kids;
      3. Apple health for pregnant women; or
      4. Classic medicaid.
    2. A qualified alien who meets or is exempt from the five-year bar may be eligible for:
      1. Apple health for adults;
      2. Apple health for kids;
      3. Apple health for pregnant women; or
      4. Classic medicaid.
    3. A qualified alien who neither meets nor is exempt from the five-year bar may be eligible for:
      1. Alien medical programs;
      2. Apple health for kids;
      3. Apple health for pregnant women; or
      4. Medical care services.
    4. A nonqualified alien may be eligible for:
      1. Alien medical programs;
      2. Apple health for kids;
      3. Apple health for pregnant women; or
      4. Medical care services.
    5. An undocumented person may be eligible for:
      1. Alien medical programs;
      2. State-only funded apple health for kids; or
      3. State-only funded apple health for pregnant women.
  3. The five-year bar.
    1. A qualified alien meets the five-year bar if he or she:
      1. Continuously resided in the U.S. for five years or more from the date he or she became a qualified alien; or
      2. Entered the U.S. before August 22, 1996, and:
        1. Became a qualified alien before August 22, 1996; or
        2. Became a qualified alien on or after August 22, 1996, and has continuously resided in the U.S. between the date of entry into the U.S. and the date he or she became a qualified alien.
    2. A qualified alien is exempt from the five-year bar if he or she is:
      1. A qualified alien as defined in subsections (1)(b)(vi) through (xii) of this section;
      2. An LPR, parolee, or abused person, who is also an armed services member or veteran, or a family member of an armed services member or veteran, as described below:
        1. An active-duty member of the U.S. military, other than active-duty for training;
        2. An honorably discharged U.S. veteran;
        3. A veteran of the military forces of the Philippines who served before July 1, 1946, as described in Title 38 U.S.C. Section 107; or
        4. The spouse, unremarried widow or widower, or unmarried dependent child of an honorably discharged U.S. veteran or active-duty member of the U.S. military.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.

Clarifying Information

"Qualified Aliens" with Entry Date before August 22, 1996

Individuals are not subject to the 5-year bar for health care coverage if they entered the U.S. before August 22, 1996 even if they did not obtain “qualified alien” status until sometime after they entered as long as they continuously resided in the U.S. from the earlier date. “Continuously residing” means the individual only left the U.S. for brief visits.

Example: An individual came to the U.S. in 1992 as undocumented and resided in the U.S. since that time, making annual trips to her country of origin to visit parents. In July 1999 she self-petitioned under the Violence Against Women Act (VAWA) and received a notice that she and her children have a “prima facie case” (as described in WAC 388-424-0001). She is a "qualified alien" and not subject to the five- year bar because her entry date is before August 22, 1996. She and her children are eligible for federally-funded Apple Health.

Example: An individual came to the U.S. in 1992 as a visitor for three months. The individual returned in 1994 as a student and returned to his country of origin in 1995. He returned to the U.S. again after he obtained lawful permanent resident status on October 10, 2011. Since he did not continuously reside in the U.S. prior to August 22, 1996, his date of entry is October 10, 2011. He is not a veteran or on active duty in the U.S. military (or the spouse or dependent child of such a person). As a result, he is not eligible for federally-funded Apple Health until October 10, 2016. He may be eligible for state-funded programs, such as Medical Care Services or the Apple Health AEM program.

"Qualified Aliens" with Entry Date on or after August 22, 1996

For individuals with immigration status of parolee, refugee, and asylee, the date that they become a “Qualified Alien” is on their I-94 card or, more recently, on their lawful permanent resident (green) card. This date is when their 5-year bar begins.

For individuals with battered alien status, the date they became a “Qualified Alien” is often before the date on their green card, such as:

  • The date of the approval (or notice of prima facie case) of a Violence Against Women Act (VAWA) petition; or
  • The date that the U.S. citizen or lawful permanent resident spouse petitioned for the family visa application.

Example: An individual came to the U.S. in 1997 as an undocumented immigrant. She married a lawful permanent resident who petitioned for a family visa on March 1, 1998. She left her husband on May 30, 1999 due to domestic violence and obtained a notice of VAWA prima facie status shortly afterward. She has not yet become a lawful permanent residence and does not have her green card. The date she became a "Qualified Alien" is March 1, 1998 because that is the date of her ex-husband’s family visa petition. Her 5-year bar will be over on February 28, 2003. In comparison, the date on her green card will be the date of her adjustment interview, which could be years after the date her 5-year bar begins.

"Qualified Aliens" who are Exempt from the 5-Year Bar

Some categories of “Qualified Aliens” are exempt from the 5-year bar, including:

  • Refugees,
  • Asylees,
  • Individuals with Withholding of Deportation/Removal,
  • Cuban/Haitian entrants,
  • Special Immigrants from Iraq and Afghanistan, and
  • Amerasian lawful permanent residents.

“Qualified Aliens” who are exempt from the 5-year bar remain exempt after they have adjusted to lawful permanent residence and have received a green card. The code on their green card will indicate what provision of law they came to the U.S. under.

Example: A refugee came to the U.S. on September 1, 2011. One year after coming to the U.S., he adjusted to lawful permanent residence. His green card will be dated September 1, 2011 and have code “RE-6” to indicate that he was admitted as a refugee (see the NILC Guide in Appendix II). He is exempt from the 5-year bar.

Immigration Status and State-Funded Apple Health Programs

“Qualified Aliens” who have not met their 5-year bar and “Non-Qualified Aliens” are potentially eligible for state-funded Apple Health programs, such as Apple Health for Pregnant Women, Apple Health for Kids, Apple Health for Kids with Premiums, and Medical Care Services. They are also potentially eligible for Apple Health AEM, which is a federally funded program.

Undocumented immigrants are potentially eligible for Apple Health for Pregnant Women, Apple Health for Kids, and Apple Health for Kids with Premiums. They are also potentially eligible for Apple Health AEM, which is a federally-funded program.

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