1. Who is eligible for Marketplace coverage?

To be eligible for Marketplace coverage, you must:

  • Be a resident of a state served by the Marketplace, and
  • Be a U.S. citizen, U.S. national, or a non-citizen who’s lawfully present in the U.S. (and expected to be for the entire time coverage is sought), and
  • Not be incarcerated (other than incarceration pending

disposition of charges) 

2. Who qualifies as “lawfully present”?

Qualified Immigrants and others that are “lawfully present”:

3. Is the Exchange open to foreign nationals who are visiting the U.S.?

While the Exchange specifically permits “‘lawfully present” individuals, there is also a state residency requirement.  Typically someone visiting the U.S. on a B1/B2 would not meet the residency requirement and therefore would not be eligible for benefits through the Exchange.

4. Will getting health coverage under the ACA be considered in the “public charge” determination when I apply for lawful permanent resident (LPR) status?

No. Buying insurance through the health care marketplaces and obtaining tax credits or cost-sharing reductions to make health insurance affordable is not considered in the public charge decision when a person adjusts to LPR status. Use of Medicaid, CHIP, or other health services similarly does not raise public charge issues, except for institutionalization for long-term care services paid for by Medicaid or a state or local public program.


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