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Premium Assistance for Lawfully Present Visitor?

By on | 4 Comments

Question: Can a lawfully present visitor get premium assistance when he purchases insurance from the exchange if his income is within the federal poverty level guidelines?

Answer: Yes.

4 Comments

Wayne,

I think tourists are allowed and eligible as long as they do not violate the terms of their status. in the link that you mentioned it states

“Nonimmigrants who violate the terms of their status — for example, by overstaying a tourist visa or working without permission — may lose their nonimmigrant status and be considered undocumented. Nonimmigrants who have not violated the terms of their status are considered “lawfully present.”

regardless if you are lawfully present visitor, alien or whatever, if during the online enrollment process you do not select the US CITIZEN or US NATIONAL button to “YES” , your eligibility will fail. I tested this using multiple test accounts.

A couple from Asia came here a year ago on investor’s visa. To date, they have no income yet because the business they are putting up has not commenced. How will this couple come up with an income amount? Are they eligible for premium assistance or premium assistance with CSR? Please note they have 4 children under 18.

I think the term “lawfully present visitor” does not make the issue clear.

The ACA uses a more carefully described definition of who can get premium assistance.

www.nilc.org/document.html?id=809‎

Perhaps you could clarify the definition of who is eligible for coverage and premium assistance.

Obviously a legal tourist, who is a “visitor” cannot get coverage and premium assistance.

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