Immigration Status or Lawful Presence
An individual is lawfully present as defined by the Affordable Care Act if they are a “qualified” immigrant or are not a citizen but have permission to live and/or work in the U.S. Individuals who are lawfully present include, but are not limited to:
- Lawful Permanent Resident (LPR/Green Card holder)
- Asylee
- Refugee
- Cuban/Haitian Entrant
- Paroled into the U.S.
- Conditional Entrant Granted before 1980
- Battered Spouse, Child and Parent
- Victim of Trafficking and his/her Spouse, Child, Sibling or Parent
- Granted Withholding of Deportation or Withholding of Removal, under the immigration laws or under the Convention against Torture (CAT)
- Individual with Non-immigrant Status (includes worker visas, student visas, and citizens of Micronesia, the Marshall Islands, and Palau)
To see more possible immigration verification documents, please read through our policy manual.
There are a number of documents that serve as acceptable proof of an individual’s lawful presence. A nonexhaustive list of these documents is below:
Example Documents Serving as Proof that an Individual is Lawfully Present
- Permanent Resident Card (Green Card I-551)
- Temporary I-551 Stamp (on passport or I-94, I-94A)
- Machine Readable Immigrant Visa (with temporary I-551 language)
- Employment Authorization Card (EAD, I-766)
- Arrival/Departure Record (I-94, I-94A)
- Arrival/Departure Record in foreign passport (I-94)
- Foreign Passport Reentry Permit (I-327)
- Refugee Travel Document (I-571)
- Certificate of Eligibility for Nonimmigrant (F-1)
- Student Status (I20)
- Certificate of Eligibility for Exchange Visitor (J-1) Status (DS2019)
- Notice of Action (I-797)
- Other documents or status types
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