Guide · August 22, 2026

Medicaid for Immigrants: The 5-Year Bar, Who Is Exempt, and Emergency Medicaid

Immigration status is one of the most misunderstood parts of Medicaid eligibility. The rules are federal, but states have significant room to cover more people, so the answer depends on both your status and where you live.

The five-year bar

Since 1996, most "qualified" immigrants who entered after August 22, 1996 must wait five years after getting their status before they can enroll in full Medicaid or CHIP. This applies mainly to lawful permanent residents (green card holders) and parolees.

Who does not have to wait

  • Refugees, asylees and people granted withholding of deportation
  • Cuban and Haitian entrants, Amerasians, and Afghan and Ukrainian humanitarian parolees
  • Victims of trafficking (T visa) and, in many states, U visa applicants
  • Active-duty military, veterans and their families
  • Lawful permanent residents who had a qualified status before the five-year clock started

State options for children and pregnant women

States may cover lawfully residing children and pregnant women without the five-year wait; roughly 35 states and DC do. A growing number of states, including California, Illinois, New York, Washington and Oregon, use state-only funds to cover children, and in some cases adults, regardless of immigration status.

Emergency Medicaid

Anyone who meets the income rules can get Medicaid for a medical emergency, including labor and delivery, regardless of immigration status. Coverage is limited to the emergency itself.

Public charge

Under current federal rules, using Medicaid (other than long-term institutional care) is not considered in a public charge determination. Applying for Medicaid for yourself or your children does not affect a green card application.

What to do next

  1. Identify your exact immigration category and the date it was granted.
  2. Check your state's eligibility page for its options on children and pregnant women.
  3. Apply; the agency will verify status electronically and tell you which programs you qualify for.