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Lawfully present definition under ACA

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Hi, 

I had recently applied for ACA for my mother who entered the US on a B visa back in September 2017 and is currently here with a concurrent filed i130 and I485 application and is pending AOS.(Application filed feb 2018) 
We are in California and Covered California(CC) cancelled the policy after a month saying that a pending i485 does not qualify her for enrollment in ACA. My enrollment agent then sent them the advance parole document and for some reason the folks at CC accepted that as proof and in their notes they wrote 'Paroled into the United States for one year or more’ 
So my questions are :- 

1) Is a pending I485 not considered as lawfully present for ACA purposes? 
2) Does having an advance Parole actually mean that the person is Paroled into the US or do they have to first leave the country and return to qualify for Parole status? 
3) Does having an EAD with a pending I485 qualify someone for ACA? 
 

Looking at the covered California site which lists the immigration statuses that are eligible, section 22 at the link below clearly indicates that pending AOS is eligible but perhaps someone here with more information can advise on the exact documentation required as per section 22 for the link below. 
 
https://www.coveredca.com/documents-to-confirm-eligibility/proof-of-immigration-status-or-lawful-presence/

 

Appreciate your inputs.

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1. If you look at the document you linked above from Covered California, as well as this page from Healthcare.gov, they both say that someone with a pending AOS is eligible. From looking at the regulations it seems more complicated. 45 CFR 155.305(a)(1) says that an exchange must determine someone who is "lawfully present" in the US for the whole period to be eligible. 45 CFR 155.20 defines "lawfully present" the same as in 45 CFR 152.2. 45 CFR 152.2 lists a bunch of categories of people that count as "lawfully present", including 45 CFR 152.2(4)(vii) which says "Aliens whose visa petitions have been approved and who have a pending application for adjustment of status". The problem with this is that it requires that the petition be approved, and your mother's I-130 petition, which was concurrently filed with I-485, is probably still pending, so it is not clear that she would be included in this provision.

2. No. You must leave the US and re-enter on Advance Parole to be "paroled". You will received a "paroled" stamp on your passport and an I-94 with class DA. Just having the Advance Parole doesn't make you paroled.

3. It should. According to the regulations cited above, in 45 CFR 152.2(4)(ii), it lists having an EAD in certain categories (including category (c)(9) for AOS-based EADs) in the definition of "lawfully present".

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