To be "lawfully residing," children and pregnant women must be "lawfully present" in the U.S. and must meet the Medicaid state residency rules at 42 C.F.R. section 435.403. Lawfully present immigrants include the "qualified" immigrants listed in 8 U.S.C. section 1641, as well as several other categories of non–U.S. citizens who have permission to live and/or work in the U.S. The immigration categories that are considered "lawfully present" for Medicaid and Children's Health Insurance Program (CHIP) eligibility purposes are described in this issue brief.
This table lists the categories of non-U.S. citizens currently recognized as “lawfully present” in the Centers for Medicare and Medicaid Services (CMS) State Health Official Letter, “Medicaid and CHIP Coverage of ‘Lawfully Residing’ Children and Pregnant Women.”