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State of Wisconsin |
HISTORY |
The policy on this page is from a previous version of the handbook.
Immigrants are people who reside in the U.S., but are not U.S. citizens or nationals.
The following immigrants may be eligible for BadgerCare Plus if they meet all eligibility requirements:
A refugee admitted under INA Section 207. A refugee is a person who flees his or her country due to persecution or a well-founded fear of persecution because of race, religion, nationality, political opinion, or membership in a social group. An immigrant admitted under this refugee status may be eligible for BadgerCare Plus even if his or her immigration status later changes.
An asylee admitted under INA Section 208. Similar to a refugee, an asylee is a person who seeks asylum and is already present in the U.S. when he or she requests permission to stay. An immigrant admitted under this asylee status may be eligible for BadgerCare Plus even if his or her immigration status later changes.
An immigrant whose deportation is withheld under INA Section 243(h) and such status was granted prior to April 1, 1997, or an immigrant whose removal is withheld under INA Section 241(b)(3) on or after April 1, 1997. An immigrant admitted under this status may be eligible for BadgerCare Plus even if his or her immigration status later changes.
A Cuban/Haitian entrant. An immigrant admitted under this Cuban/Haitian entrant status may be eligible for BadgerCare Plus even if his or her immigration status later changes.
Haitians paroled into the U.S. through the Haitian Family Reunification Parole Program are considered Cuban/Haitian entrants.
An American Indian born in Canada who is at least 50 percent American Indian by blood or an American Indian born outside the U.S. who is a member of a federally recognized Indian tribe.
Victims of a severe form of trafficking in accordance with 107(b)(1) of the Trafficking Victims Protection Act of 2000 (P.L. 106-386).
An immigrant lawfully admitted for permanent residence under INA 8 USC 1101 et seq.*
An immigrant paroled into the U.S. under INA Section 212(d)(5).*
An immigrant granted conditional entry under immigration law in effect before April 1, 1980 [INA Section 203(a)(7)].*
An immigrant who has been battered or subjected to extreme cruelty in the U.S. and meets certain other requirements.*
An immigrant whose child has been battered or subjected to extreme cruelty in the U.S. and meets certain other requirements.*
An immigrant child who resides with a parent who has been battered or subjected to extreme cruelty in the U.S. and meets certain other requirements.*
*If these immigrants lawfully entered the U.S. on or after August 22, 1996, they must also meet one of the following:
Be lawfully residing in Wisconsin and an honorably discharged veteran of the U.S. Armed Forces
Be lawfully residing in Wisconsin and on active duty (other than active duty for training) in the U.S. Armed Forces
Be lawfully residing in Wisconsin and the spouse, unmarried dependent child, or surviving spouse of either an honorably discharged veteran or a person on active duty in the U.S. Armed Forces
Be an Amerasian
Have resided in the U.S. for at least five years since his or her date of entry (see Section 4.3.3 Continuous Presence)
Children younger than 19 years old, adults younger than 21 years old who are residing in an IMD, and pregnant women do not have to wait five years to be eligible for full-benefit Medicaid and BadgerCare Plus if they meet one of the following:
Are lawfully admitted for permanent residence (CARES TCTZ Code #1 in the Immigration Status Chart in Section 4.3.5)
Are lawfully present under Section 203(a)(7) (Code #3 in the Immigration Status Chart in Section 4.3.5)
Are lawfully present under Section 212(d)(5) (Code #6 in the Immigration Status Chart in Section 4.3.5)
Have suffered from domestic abuse and are considered to be a battered immigrant (Code #16 in the Immigration Status Chart in Section 4.3.5)
Women who have an immigration status requiring a five-year waiting period before being eligible for BadgerCare Plus will have the waiting period lifted when their pregnancy is reported to the agency. The lift on the five-year waiting period continues for an additional 60 days after the last day of pregnancy and through the end of the month in which the 60th day occurs.
| Example 1: Rose has an immigration status that requires a five-year waiting period before being eligible for BadgerCare Plus. Her date of entry to the U.S. was two years ago, so she is not eligible for BadgerCare Plus. In March, Rose reports that she is pregnant. She meets the other financial and nonfinancial requirements, so she is determined eligible for BadgerCare Plus as a pregnant woman. Rose’s last day of pregnancy is September 5. The 60th day after her last day of pregnancy is November 4, so Rose’s BadgerCare Plus coverage will end November 30. Starting in December, Rose is again subject to the five-year waiting period from her date of entry to the U.S. |
Children younger than 19 years old, young adults younger than 21 years old who are residing in an IMD, and pregnant women may qualify for BadgerCare Plus if they are legally present in the U.S. under any of the nonimmigrant statuses listed in the table below and are otherwise eligible.
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Eligible Nonimmigrant Statuses for Children, Young Adults in an IMD, and Pregnant Women |
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Description |
Class of Admission Code or Section of Law Citation |
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Aliens currently in temporary resident status pursuant to section 210 or 245A of the Act. |
S16, S26, W16, W25, W26, W36 or 8 CFR 103.12(a)(4)(i) |
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Aliens currently under Temporary Protected Status (TPS) pursuant to section 244 of the Act. Child accompanying or following to join a K-3 alien. |
8 CFR 103.12(a)(4)(ii) |
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Family Unity beneficiaries pursuant to section 301 of Pub. L. 101-649. (These are the spouses and unmarried children of individuals granted temporary or permanent residence under Section 210 or 245A above.) |
8 CFR 103.12(a)(4)(iv) |
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Aliens currently under Deferred Enforced Departure (DED) pursuant to a decision made by the President. |
8 CFR 103.12(a)(4)(v) |
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Aliens currently in deferred action status pursuant to Service Operations Instructions at OI 242.1(a)(22). |
8 CFR 103.12(a)(4)(vi) |
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Aliens who are the spouse or child of a United States citizen whose visa petition has been approved and who have a pending application for adjustment of status |
8 CFR 103.12(a)(4)(vii) |
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Legal non-immigrants from the Compact of Free Association states (Republic of the Marshall Islands, the Federated States of Micronesia and the Republic of Palau) who are considered permanent non-immigrants. |
NA |
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An alien who is the fiancée or fiancé of a U.S. citizen entering solely to conclude a valid marriage contract. |
K-1 |
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Child of K-1 |
K-2 |
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Spouse of a U.S. citizen who is a beneficiary of a petition for status as the immediate relatives of a U.S. citizen (I-130). |
K-3 |
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Child accompanying or following to join a K-3 alien. |
K-4 |
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Parent of an alien classified SK3 or SN3 |
N-8 |
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Child of N-8 or of an alien classified SK1, SK2, SK4, SN1, SN2, SN4. |
N-9 |
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Temporary worker to perform work in religious occupations. |
R1 |
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Spouse and children of R1 |
R2 |
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An alien who is in possession of critical reliable information concerning a criminal organization or enterprise, is willing to supply or has supplied such information to Federal or State law enforcement authorities or a Federal or State court; and whose presence in the United States the Attorney General determines is essential to the success of an authorized criminal investigation or the successful prosecution of an individual involved in the criminal organization or enterprise |
8 U.S.C. 1101(a)(15)(S)(i) |
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An alien who the Secretary of State and the Attorney General jointly determine is in possession of critical reliable information concerning a terrorist organization, enterprise, or operation; is willing to supply or has supplied such information to Federal law enforcement authorities or a Federal court; will be or has been placed in danger as a result of providing such information; and is eligible to receive a reward from the State Department. |
8 U.S.C. 1101(a)(15)(S)(ii) |
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An alien who is the spouse, married and unmarried sons and daughters, and parents of an alien in possession of critical reliable information concerning either criminal activities or terrorist operations. |
8 U.S.C. 1101(a)(15)(S) |
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Individuals who have suffered substantial physical or mental abuse as victim of criminal activity. |
U-1 |
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An alien who is the spouse, child, unmarried sibling or parent of the victim of the criminal activity above. |
U-2, U-3, U-4, U-5 |
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An alien who are the spouses or children of an alien lawfully admitted for permanent residence and who have been waiting since at least December 2000 for their visa application to be approved. |
V-1, V-2, V-3 |
Immigrants who do not appear in the lists above (e.g., someone with a status of DACA) and who apply for BadgerCare Plus and meet all eligibility requirements except for citizenship are entitled to receive BadgerCare Plus Emergency Services only (see Chapter 39 Emergency Services).
Pregnant immigrants who do not appear in the list above and who apply for BadgerCare Plus and meet the eligibility requirements, except for citizenship, are entitled to receive BadgerCare Plus Prenatal Program benefits (see Chapter 41 BadgerCare Plus Prenatal Program) and/or BadgerCare Plus Emergency Services (see Chapter 39 Emergency Services).
Immigration status is an individual eligibility requirement. An individual's immigration status does not affect the eligibility of the BadgerCare Plus Group. The citizen spouse or child of an ineligible immigrant may still be eligible even though the immigrant is not.
Verify immigration status using either the data exchange with the FDSH (see Process Help, Section 44.3.9 Immigrant/Refugee Information Page) or the procedures in the SAVE Manual.
The receipt of BadgerCare Plus by an undocumented, non-qualifying, or qualifying immigrant or by the children or spouse for whom the individual is legally responsible does not establish the person as a public charge.
Undocumented, non-qualifying, or qualifying immigrants are considered to be a public charge if, while receiving BadgerCare Plus, they are in a medical institution for more than the length of a rehabilitative stay.
Undocumented, non-qualifying, or qualifying immigrants concerned about being considered a "public charge," should be directed to contact the INS field office to seek clarification of the difference between rehabilitative and other types of institutional stays.
Do not refer an immigrant to INS unless information for administering the BadgerCare Plus program is needed (for example, if BadgerCare Plus needs to determine an individual's immigration status or an individual’s location for repayment or fraud prosecution).
Certain non-citizens who arrived in the U.S. on or after August 22, 1996, are subject to a five-year ban on receiving federal benefits (including BadgerCare Plus and Medicaid), other than emergency services. For these immigrants, the five-year ban is calculated beginning on the day on which they gain qualified immigrant status. However, certain applicants who alleged an arrival date in the U.S. before August 22, 1996, and obtained legal qualified immigrant status after August 22, 1996, are not subject to the five-year ban and may be eligible to receive federal BadgerCare Plus enrollment. The immigrants described below, who apply for BadgerCare Plus and meet all eligibility requirements, are entitled to receive BadgerCare Plus benefits:
A non-citizen who arrived in the U.S. before August 22, 1996, in a legal, but non-qualified, immigration status and changed his or her status to a qualified immigrant on or after August 22, 1996. This individual would not be subject to the five-year ban if he or she remained continuously present from his or her date or arrival in the U.S. until the date he or she gained qualified immigration status.
A non-citizen who arrived in the U.S. before August 22, 1996, in undocumented status or who overstayed his or her original visa is treated the same as someone who arrived and remained in the U.S. with valid immigration documents. Therefore, if this individual remained continuously present from his or her date of arrival in the U.S. until the date he or she gained qualified immigration status, he or she would not be subject to the five-year ban.
For those non-citizens who arrived in the U.S. with or without documentation on or after August 22, 1996, or for those whose continuous presence cannot be verified, the five-year ban applies from the date the individual obtained qualified immigrant status.
An individual meets the "continuous presence" test if he or she:
Did not have a single absence from the U.S. of more than 30 days, or
Did not have a cumulative number of absences totaling more than 90 days.
To establish continuous presence, require a signed statement from the applicant stating he or she was continuously present for the period of time in question. The signed statement will be sufficient unless a worker believes the information is fraudulent or further information received now indicates that it is questionable.
Below is one example of a signed statement:
I, first and last name, hereby declare that I have continuously resided in the United States between the day I arrived in the United States, date here, and the date I received qualified alien status, date here. I have not left the United States in that time for any single period of time longer than 30 days or for multiple periods totaling more than 90 days.
Applicant/Authorized Representative Signature, Date
Verification
Primary verification is done through SAVE, which is an automated telephone and computer database system. A worker processing an application can compare the date received from SAVE with the date on the immigration documents presented. The primary verification query via SAVE most likely results in returning the latest date of any qualified alien status update for an individual, not his or her original date of arrival. The only way to obtain an accurate date of arrival for those who do not meet an exemption category and who allege a date of arrival prior to August 22, 1996, is through the secondary verification procedure.
It may be necessary to complete a secondary verification procedure with USCIS, including confirming the date of arrival, in the following situations:
The applicant does not fall into any of the categories of non-citizens who are exempt from the five-year ban (e.g., refugees, asylees, those with military service).
An IM worker has made an initial or primary verification inquiry using the SAVE database. The information from the inquiry conflicts with information on the applicant's immigration documents or what he or she is telling the IM worker.
A non citizen applicant tells an IM worker that he or she came to the U.S. prior to August 22, 1996. If he or she arrived in a legal or documented status, the IM worker needs to verify the date of arrival to ensure that the correct alien eligibility rules are being applied.
SAVE returns the message "Institute Secondary Verification."
The IM worker finds any questionable information in the initial verification process.
The secondary verification procedure is a manual Document Verification Request and includes two forms, Form G-845S and Form G-845 Supplement. These two forms must be submitted together in order to obtain the accurate U.S. arrival date. When sending the forms, include any photocopies of immigration documents presented. Although USCIS maintains a sub-office in Milwaukee, this office does not process these requests. Send the forms to the following address:
US Citizenship and Immigration Services
ATTN: Immigration Status Verifier
10 West Jackson Blvd.
Chicago, IL 60604
An Immigration Status Verifier will research the alien's records and complete the response portion of the verification request.
Note: An applicant who has provided documentation of his or her qualifying immigrant status is considered eligible, pending verification from INS.
Consult the SAVE manual for more information.
Undocumented Non-Citizens
In cases in which it is known that the applicant originally arrived in the U.S. in undocumented status, do not attempt to verify his or her status with the USCIS. Undocumented immigrants do not have any official documentation regarding their date of arrival. Therefore, if a worker needs to establish a date of arrival for a qualified immigrant who originally arrived as an undocumented immigrant prior to August 22, 1996, alternative methods need to be used. In such cases, the applicant must provide at least one piece of documentation that shows his or her presence in the U.S. prior to August 22, 1996. This may include pay stubs, a letter from an employer, lease or rent receipts, or a utility bill in the applicant's name.
| Example 2: The legal status conferred on a non-citizen by immigration law—Toshi entered the U.S. February 2, 2004, with qualified immigrant status. She is applying for BadgerCare Plus in February 2008. The IM worker should first determine if she is in one of the immigrant categories exempt from the five-year ban. If Toshi is not exempt, then she must wait five years before qualifying for BadgerCare Plus. She can be enrolled in BadgerCare Plus after February 2, 2009. |
| Example 3: Shariff arrived as a student in June 2002. On June 5, 2006 he was granted asylum. The five-year ban does not apply because asylees are exempt from the ban. Secondary verification is not necessary. Shariff is eligible to be enrolled in BadgerCare Plus if he meets other financial and non-financial criteria. |
| Example 4: Katrin entered the U.S. March 3, 1995, and gained qualified immigrant status June 20, 1995. She is applying for BadgerCare Plus in February 2008. She is a qualified immigrant who entered the U.S. prior to August 22, 1996. There is no need to apply the five-year ban. She is eligible for BadgerCare Plus if she meets other financial and non-financial criteria. |
| Example 5: Juan entered the U.S. as an undocumented immigrant on April 1, 1996. He applied for BadgerCare Plus on February 1, 2008. His immigration status changed to lawful permanent resident on March 3, 2005. He has signed a self-declaration stating he remained continuously present in the U.S. between April 1, 1996, and March 3, 2005. Additionally, Juan provided a copy of a lease showing a date prior to August 1996. He is eligible for BadgerCare Plus if he meets other financial and non-financial criteria. |
| Example 6: Elena entered the U.S. on July 15, 1999, on a temporary work visa and obtained qualified immigration status on October 31, 2004. She applied for BadgerCare Plus February 1, 2008, and has been in the U.S. for over five years. Elena is not in one of the immigrant categories exempt from the five-year ban. Therefore, the five-year ban would have to be applied since Elena's original entry date is after August 22, 1996. The five-year clock starts from the date she obtained qualified immigration status, so she would be able to apply for BadgerCare Plus after October 31, 2009. |
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Example 7: Tomas entered the U.S. on April 8, 1996, on a visitor’s visa. He obtained qualified alien status on September 22, 2003. Tomas applied for Medicaid on May 5, 2008. The IM worker completed primary verification and USCIS responded with the date of entry as September 22, 2003, since that was the last updated date on his status. The IM worker needs to confirm with the applicant that this is the original date he arrived in the U.S. Tomas explained that he arrived in 1996; therefore, the IM worker needs to conduct secondary verification. USCIS responds and confirms that the original date of arrival was April 8, 1996. Additionally, the IM worker needs to confirm that the applicant was continuously present between April 8, 1996, and September 22, 2003. Tomas signs a self-declaration confirming this and is found eligible. If the IM worker had used September 22, 2003, as the date of entry in CARES, Tomas would have been incorrectly subject to the five-year ban and not eligible until September 22, 2008. |
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CARES TCTZ Code |
Immigration Status |
Arrived Before August 22, 1996 |
Veteran* Arrived before August 22, 1996 |
Arrived on or after August 22, 1996 |
Veteran* Arrived on or after August 22, 1996 |
Children under age 19 and pregnant women; Arrived on or after August 22, 1996 |
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01 |
Lawfully admitted for permanent residence |
Eligible |
Eligible |
Ineligible for 5 years |
Eligible |
Effective October 1, 2009 Eligible |
|
02 |
Permanent resident under color of law (PRUCOL) |
Ineligible |
Ineligible |
Ineligible |
Ineligible |
Ineligible |
|
03 |
Lawfully present under Section 203(a)(7) |
Eligible |
Eligible |
Ineligible for 5 years |
Eligible |
Effective October 1, 2009 Eligible |
|
04 |
Lawfully present under Section 207(c) |
Eligible |
Eligible |
Eligible |
Eligible |
Eligible |
|
05 |
Lawfully present under Section 208 |
Eligible |
Eligible |
Eligible |
Eligible |
Eligible |
|
06 |
Lawfully present under Section 212(d)(5 |
Eligible |
Eligible |
Ineligible for 5 years |
Eligible |
Effective October 1, 2009 Eligible |
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07 |
IRCA (No longer valid) |
N/A |
N/A |
N/A |
N/A |
N/A |
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08 |
Lawfully admitted - temporary |
Ineligible |
Ineligible |
Ineligible |
Ineligible |
Ineligible |
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09 |
Undocumented Alien |
Ineligible |
Ineligible |
Ineligible |
Ineligible |
Ineligible |
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10 |
Illegal Immigrant |
Ineligible |
Ineligible |
Ineligible |
Ineligible |
Ineligible |
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11 |
Cuban/Haitian Entrant |
Eligible |
Eligible |
Eligible |
Eligible |
Eligible |
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12 |
Considered a Permanent Resident by USCIS |
Ineligible |
Ineligible |
Ineligible |
Ineligible |
Eligible |
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13 |
Special agricultural worker under Section 210(A) |
Ineligible |
Ineligible |
Ineligible |
Ineligible |
Eligible |
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14 |
Additional special agricultural worker under Section 210(A) |
Ineligible |
Ineligible |
Ineligible |
Ineligible |
Eligible |
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15 |
Withheld deportation - Section 243(h) |
Eligible |
Eligible |
Eligible |
Eligible |
Eligible |
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16 |
Battered Immigrant |
Eligible |
Eligible |
Ineligible for 5 years |
Eligible |
Effective October 1, 2009 Eligible |
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17 |
Amerasian |
Eligible |
Eligible |
Eligible |
Eligible |
Eligible |
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18 |
Foreign Born Native American |
Eligible |
Eligible |
Eligible |
Eligible |
Eligible |
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19 |
Victims of Trafficking |
Eligible |
Eligible |
Eligible |
Eligible |
Eligible |
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20 |
Lawfully Residing |
Ineligible |
Ineligible |
Ineligible |
Ineligible |
Eligible |
* "Veteran" includes certain veterans and active duty servicemen and women, their spouses, dependent children, or certain surviving spouses.
Beginning December 19, 2009, Special Immigrants from Iraq or Afghanistan (Class of Admission Codes SI-1, 2, 3, 6, 7, and 8) are to be treated like they are refugees when determining their eligibility for BadgerCare Plus for as long as they have this Special Immigration status. This policy applies to these immigrants regardless of when they received this status.
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Class of Admission Code |
Description |
CARES Alien Registration Status Code |
| SI1 |
Nationals of Iraq or Afghanistan serving as interpreters with the U.S. Armed Forces |
Code 04 |
| SI2 |
Spouses of an SI1 |
Code 04 |
| SI3 |
Children of an SI1 |
Code 04 |
| SI6 |
Nationals of Iraq or Afghanistan serving as interpreters with the U.S. Armed Forces |
Code 04 |
| SI7 |
Spouses of an SI6 |
Code 04 |
| SI8 |
Children of an SI6 |
Code 04 |
Refugee Cash Assistance Program payments are not counted as income for BadgerCare Plus. Refugee Cash Assistance is administered by W-2 agencies and is made available for refugees who do not qualify for W-2.
Refugee "Reception and Placement" payments are not counted as income for BadgerCare Plus. Reception and Placement payments are made to refugees during the first 30 days after their arrival in the U.S. Reception and Placement payments are made by voluntary resettlement agencies and may be a direct payment to the refugee individual or family or to a vendor.
If an individual does not meet the other eligibility requirements for BadgerCare Plus, he or she may apply for Refugee Medical Assistance, which is not funded by BadgerCare Plus. Refugee Medical Assistance is a separate benefit from BadgerCare Plus but provides the same level of benefits. Refugee Medical Assistance is available only in the first eight months after a special immigrant’s date of entry. If it is not applied for in that eight-month period, it cannot be applied for later. Iraqi immigrants may be eligible for Refugee Medical Assistance for eight months, and Afghan immigrants may be eligible for Refugee Medical Assistance for six months.
While W-2 agencies have contractual responsibility for providing Refugee Medical Assistance, they need to coordinate with economic support agencies to ensure eligibility for all regular BadgerCare Plus subprograms is tested first.
More information about this program is in the Wisconsin Works (W-2) Manual, Section 18.3 Refugee Medical Assistance.
Note: The federal Medicaid eligibility for all other refugees admitted under Alien Status Code 04 remains the same.
This page last updated in Release Number: 17-03
Release Date: 08/21/2017
Effective Date: 08/21/2017
The information concerning the BadgerCare Plus program provided in this handbook release is published in accordance with: Titles XI, XIX and XXI of the Social Security Act; Parts 430 through 481 of Title 42 of the Code of Federal Regulations; Chapter 49 of the Wisconsin Statutes; and Chapters HA 3, DHS 2 and 101 through 109 of the Wisconsin Administrative Code.
Publication Number: P-10171