202-2.1 Lawfully Present Children

Effective Date: December 5, 2017

Previous Policy


1.         A child who does not meet the alien status requirements in 202-2, but is lawfully residing in the United States may be eligible for CHIP.

a.         These children must meet all other eligibility factors such as state residency, age (up to 19), income and assets.

b.         Some of these children will not have an SSN (211-3).

c.          Do not impose a 5 year bar to children who are lawfully present.

d.         Do not deem a sponsor’s income and assets when determining eligibility.

e.         Verify lawfully present status at application and review.

2.         A child is considered lawfully present if they are:

a.         A qualified alien as defined in section 202-2 who is subject to the 5 year bar but has not met the 5 year requirement;

b.         An alien in nonimmigrant status who has not violated the terms of the status under which he or she was admitted or to which he or she has changed after admission;

c.          An alien who has been paroled into the United States pursuant to section 212(d)(5) of the Immigration and Nationality Act (INA) (8 U.S.C. §1182(d)(5)) for less than 1 year, except for an alien paroled for prosecution, for deferred inspection or pending removal proceedings;

d.         An alien who belongs to one of the following classes.

i.      Aliens currently in temporary resident status pursuant to section 210 or 245A of the INA (8 U.S.C. §§1160 or 1255a, respectively);

ii.     Aliens currently under Temporary Protected Status (TPS) pursuant to section 244 of the INA (8 U.S.C. §1254a), and pending applicants for TPS who have been granted employment authorization;

iii.   Aliens who have been granted employment authorization under 8 CFR 274a.12(c)(9), (10), (16), (18), (20), (22), or (24);

iv.   Family Unity beneficiaries pursuant to section 301 of Pub. L. 101-649, as amended;

v.    Aliens currently under Deferred Enforced Departure (DED) pursuant to a decision made by the President;

vi.   Aliens currently in deferred action status; or

vii.  Aliens whose visa petition has been approved and who have a pending application for adjustment of status;

e.         A pending applicant for asylum under section 208(a) of the INA (8 U.S.C. § 1158) or for withholding of removal under section 241(b)(3) of the INA (8 U.S.C. § 1231) or under the Convention Against Torture who has been granted employment authorization, and such an applicant under the age of 14 who has had an application pending for at least 180 days;

f.           An alien who has been granted withholding of removal under the Convention Against Torture;

g.         A child who has a pending application for Special Immigrant Juvenile status as described in section 101(a)(27)(J) of the INA (8 U.S.C. § 1101(a)(27)(J));

h.         An alien who is lawfully present in the Commonwealth of the Northern Mariana Islands under 48 U.S.C. § 1806(e); or

i.           An alien who is lawfully present in American Samoa under the immigration laws of American Samoa.