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42 U.S.C. § 1395i-2 / 5-Year Lawful-Residence Requirement

Medicare for Green Card Holders

The applicable 5-year lawful-permanent-residence requirement, Medicare Part A premium buy-in rules ($311 or $565/mo), Part B costs ($202.90/mo), and Medicaid frameworks under 42 U.S.C. 1395i-2.

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Medicare Parts A, B, C, D — For Immigrants

PartCovers2026 Premium (Immigrant)Notes
Part A (Hospital)Inpatient hospital, skilled nursing, hospice$0 (if 40+ work quarters)
$311/mo (30–39 quarters)
$565/mo (under 30 quarters)
Applicable 5-year lawful-permanent-residence requirement
Part B (Medical)Outpatient visits, doctor fees, preventive careStandard: $202.90/mo (2026)Most enrollees pay a Part B premium. In 2026, IRMAA generally begins above $109,000 MAGI for individuals or $218,000 for married couples filing jointly.
Part C (Advantage)Private bundled alternative to Parts A+B+DVaries by plan and locationMust be enrolled in A+B first. Often includes dental and vision not in traditional Medicare
Part D (Prescription)Prescription drugsVaries by plan; 2026 national base beneficiary premium is $38.99$2,100 annual out-of-pocket limit for covered Part D drugs in 2026
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The 5-Year Lawful Residence Requirement — Who Must Wait?

Lawful permanent residents generally must satisfy Medicare’s applicable 5-year lawful-residence requirement before Medicare eligibility based on LPR status. Medicaid has a separate federal five-year waiting-period framework for many qualified noncitizens, with statutory exceptions and state-specific eligibility rules.

Immigration Status5-Year Bar Applies?Medicare Eligible?
Green Card (LPR) — 5+ yearsNo bar — eligibleGenerally yes if the person also satisfies Medicare’s other eligibility and lawful-presence requirements
Green Card (LPR) — under 5 yearsBar appliesMedicare and Medicaid have different eligibility rules; Medicaid has its own five-year waiting-period framework and statutory exceptions
Refugee / AsyleeExemptMedicaid eligibility depends on the applicable noncitizen category, state rules, and any statutory exception to the five-year waiting period
SSDI recipients (disability)Special ruleMedicare after 24 months of SSDI payments
H-1B / Temp Visa HoldersGenerally not eligible for Medicare based solely on temporary nonimmigrant status; other health coverage may be available

Who Can Qualify for Medicare as an Immigrant?

Medicare eligibility for immigrants is not determined by Green Card status alone. A lawful permanent resident generally must satisfy the applicable lawful-residence requirement and also meet the ordinary Medicare eligibility rules, such as age 65 or another qualifying basis such as disability or certain medical conditions. The person must also be lawfully present for Medicare to pay Part A and Part B claims.

A temporary visa holder should not assume that the same rules apply to them. Medicare's noncitizen rules distinguish lawful permanent residents and certain other qualifying categories from people who are not lawfully present or who do not otherwise meet Medicare eligibility requirements.

2026 Medicare Costs for Immigrants

In 2026, premium-free Part A is generally available to people with at least 40 qualifying quarters of Medicare-covered work, including qualifying work through a spouse in applicable circumstances. If a person does not qualify for premium-free Part A, Medicare says they may be able to buy Part A.

  • Part A: $0 for most people; otherwise $311 or $565 per month depending on qualifying work history.
  • Part B: Standard premium of $202.90 per month in 2026.
  • Part D: Premium varies by plan. The 2026 national base beneficiary premium is $38.99.
  • Part D drug out-of-pocket limit: $2,100 for covered Part D drugs in 2026.

A person who buys Part A must also sign up for Part B and pay the Part B premium. Part D is separate prescription-drug coverage and is not a mandatory flat premium for every beneficiary.

IRMAA: Higher Medicare Premiums for Higher-Income Beneficiaries

The standard Part B premium is not the amount everyone pays. In 2026, Medicare generally applies an Income-Related Monthly Adjustment Amount (IRMAA) when the beneficiary's applicable modified adjusted gross income is above $109,000 for an individual tax return or $218,000 for a married couple filing jointly. Medicare generally uses tax-return information from two years earlier to determine the income-related adjustment.

IRMAA can also increase the Part D premium. Therefore, a calculator or guide should not present $202.90 as a universal Part B cost.

Medicare Advantage and Part D

Medicare Advantage, also called Part C, is offered by Medicare-approved private plans and generally combines Part A and Part B coverage, usually with Part D drug coverage. A beneficiary must have both Part A and Part B to join a Medicare Advantage plan. Plan premiums, provider networks, cost-sharing, and additional benefits vary by plan and location.

Part D is prescription-drug coverage through Medicare-approved plans. In 2026, covered Part D drug out-of-pocket spending is capped at $2,100 for the calendar year, but premiums and covered-drug costs still vary by plan.

Medicaid Is Separate From Medicare

Medicare and Medicaid are different programs with different eligibility rules. The Medicaid five-year waiting period for many qualified noncitizens comes from PRWORA and is separate from Medicare's lawful-residence requirements.

Federal Medicaid guidance confirms that many qualified noncitizens are subject to a five-year waiting period, while statutory exceptions include categories such as refugees, asylees, certain Cuban/Haitian entrants, trafficking victims, certain military-related groups, and COFA migrants. State Medicaid eligibility rules also apply.

Marketplace Coverage Before Medicare Eligibility

Lawful permanent residents are among the immigration statuses that may qualify for Marketplace coverage. If a Green Card holder is not yet Medicare-eligible, the person can use HealthCare.gov to determine whether Marketplace coverage and financial assistance are available based on immigration status, household income, household size, and other current eligibility rules.

Once a person has Medicare, the Marketplace should not be treated as a replacement for Medicare. Medicare.gov states that a person with Medicare cannot be sold a Marketplace plan to supplement or replace Medicare.

Medicare Enrollment and Late Penalties

Meeting the immigration and residence requirements does not remove the need to enroll at the correct time. Most people first become eligible around age 65 and have an Initial Enrollment Period. A person who delays enrollment without qualifying coverage can face late-enrollment penalties.

People who must buy Part A can also face a Part A late-enrollment penalty. Medicare recommends checking the exact enrollment period and circumstances with Medicare or Social Security rather than relying only on a five-year-residence calculation.

How to Use the Medicare Eligibility Checker

The calculator on this page is an educational screening tool, not an official Medicare eligibility determination. It checks the entered LPR residence period and qualifying work quarters but does not independently verify age, disability, ESRD, spouse work history, prior qualifying residence, lawful presence, enrollment periods, or other special rules.

A result showing five years of residence and 40 quarters should therefore be read as an indication that premium-free Part A may be available if the person otherwise qualifies for Medicare, not as a guaranteed approval.

Frequently Asked Questions (FAQ)

Lawful permanent residents generally must satisfy the applicable 5-year U.S. residence requirement before Medicare Part A and Part B can be obtained on the basis of LPR status. Medicare eligibility also depends on age or another qualifying basis and lawful presence.

People who qualify for premium-free Part A generally have at least 40 quarters of Medicare-covered work, or qualify through a spouse’s work record. Other Medicare eligibility requirements still apply.

You may be able to buy Part A. In 2026, the Part A premium is $311 or $565 per month depending on qualifying work quarters. The standard Part B premium is $202.90 per month, while Part D is optional and has plan-specific premiums.

The standard Medicare Part B monthly premium is $202.90 in 2026. High-income beneficiaries earning above $109,000 MAGI for an individual in 2026 (or $218,000 married filing jointly) pay Income-Related Monthly Adjustment Amount (IRMAA) surcharges.

Green card holders receiving Social Security Disability Insurance (SSDI) automatically become eligible for Medicare Part A and Part B after receiving SSDI benefit payments for 24 months, regardless of age.

Medicare and Medicaid have different eligibility rules; Medicaid has its own five-year waiting-period framework and statutory exceptions. Federal Medicaid guidance confirms that many qualified noncitizens are subject to a five-year waiting period, while statutory exceptions include categories such as refugees, asylees, certain Cuban/Haitian entrants, trafficking victims, certain military-related groups, and COFA migrants.

Need a quick reference on eligibility, premiums, or Medicaid?

⬆️ Refer to FAQ Section Above
Official U.S. Government Portals

Medicare.gov Official Non-Citizen Rules: medicare.gov
Medicaid.gov Official Eligibility Portal: medicaid.gov

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