Lawfully Present

Lawfully present is the term used by the Health Insurance Marketplace to describe non-citizens who are legally authorized to live in the United States. If you're lawfully present, you can buy Marketplace health insurance and may qualify for premium tax credits and cost-sharing reductions based on your income.

Lawfully present includes a broad set of immigration categories: lawful permanent residents (green card holders), refugees and asylees, people granted temporary protected status (TPS), VAWA self-petitioners, holders of valid work or student visas, parolees, Cuban/Haitian entrants, and many other categories defined by federal immigration law.

One important Marketplace rule benefits lawfully present immigrants specifically: if you're lawfully present and your income is below 100% of the federal poverty level, but you don't qualify for Medicaid because of the five-year waiting period that many states impose on new immigrants, you can still enroll in a Marketplace plan with full premium tax credits and cost-sharing reductions. This exception doesn't apply to U.S. citizens, who would go to Medicaid at that income level.

Your immigration documents will be verified during the Marketplace application process. If the system can't automatically verify your status, you'll receive a notice giving you 90 days to provide documentation. During this time, you can remain enrolled and continue receiving financial assistance while the verification is resolved.

Applying for Marketplace coverage does not affect your immigration case or count as using "public charge" benefits. Health insurance purchased through the Marketplace is not considered a government benefit for immigration purposes.