Is there a penalty for Medicare Part A or B for a 65-year-old green card holder who hasn’t met the five-year U.S. residency requirement and has no other insurance?

Question

Jacqueline Proffit · Accepted Answer

No, there is no penalty for not having Medicare at age 65 if you do not yet meet the residency requirement.

Medicare penalties only begin to accrue once you are eligible to enroll and choose not to. Since a green card holder is generally not eligible for Medicare until they have lived in the U.S. continuously for at least five years, the "penalty clock" does not start until that five-year mark is reached.

The Rules for Your Situation
Eligibility Gap: As a green card holder, you must be 65 or older and have 5 years of continuous U.S. residency to qualify for Medicare.
No "Pre-Eligibility" Penalty: You cannot be penalized for not having a service you aren't legally allowed to buy yet.
When the Penalty Starts: Once you hit your 5th anniversary of residency, your Initial Enrollment Period begins. If you do not sign up at that time (and don't have other "creditable" coverage like a job-based plan), you will then face lifetime late-enrollment penalties for Part B and Part D.

Important Exceptions
There is one major way you might be eligible before the five-year mark:
Spousal Credits: If you have been married for at least one year to a U.S. citizen or green card holder who is at least 62 and has worked in the U.S. for 10 years (40 quarters), you may be able to qualify for Medicare based on their work record. In this specific case, the five-year residency rule is waived.

What should you do in the meantime?
Since you are currently ineligible for Medicare, you may want to look into:
The Health Insurance Marketplace: Lawfully present immigrants can purchase plans through the ACA Marketplace (Healthcare.gov) even if they haven't been here for five years. You may even qualify for subsidies depending on your income.
Short-Term "New Immigrant" Insurance: Some private companies offer temporary medical insurance specifically for new green card holders waiting for Medicare eligibility.

Nichelle Jones, RHU · Answer

No, there is no penalty for not having Medicare at age 65 if you do not yet meet the residency requirement. Medicare penalties only begin to accrue once you are eligible to enroll and choose not to. Since a green card holder is generally not eligible for Medicare until they have lived in the U.S. continuously for at least five years, the "penalty clock" does not start until that five-year mark is reached.

Answered by Nichelle Jones, RHU on July 29, 2026

Broker Licensed in GA, AL, AZ & 18 other states

Answered by Nichelle Jones, RHU Medicare Insurance Agent

Cody Biggs · Answer

No—there is no late-enrollment penalty for Medicare Part A or Part B until the person actually becomes eligible to enroll.
A 65-year-old green card holder who has not yet met the five-year U.S. residency requirement is not eligible for Medicare, so the clock for penalties hasn’t started.

Once they reach five years of continuous lawful residency, they can enroll during their Initial Enrollment Period, and as long as they sign up at that time, there is no penalty for not having had other insurance before then.

Brady Haffner · Answer

A 65-year-old green card holder who hasn't met the five-year U.S. residency requirement and has no other insurance may face penalties for late enrollment in Medicare Part A and/or Part B. These penalties can increase their premiums by a certain percentage for each year they were eligible but did not enroll.

Answered by Christine Brewer on December 10, 2025

Broker Licensed in FL

Answered by Christine Brewer Medicare Insurance Agent

Ashley King · Answer

Since they have not met the 5-year U.S. residency requirement, they would not be subject to any penalties. However, as soon as they reach the 5-year requirement, the clock starts on their initial enrollment period. If they do not enroll during the initial enrollment period window of time, which is a total of 7 months, they will be subject to penalties.

Answered by Ashley King on December 11, 2025

Broker Licensed in MD, AL, AR & 9 other states

Answered by Ashley King Medicare Insurance Agent

Ruben Trejo · Answer

If a green card holder hasn’t reached 5 years of U.S. residency, they aren’t eligible for Medicare yet, so there’s no penalty at age 65. The clock doesn’t start until they actually become eligible, and once they hit that five-year mark, they can enroll without any late fees. Hope this helps.

Answered by Ruben Trejo on December 11, 2025

Broker Licensed in TX, AL, AR & 43 other states

Answered by Ruben Trejo Medicare Insurance Agent

Marc Rheingold · Answer

No — a 65‑year‑old green card holder who has not met the five‑year U.S. residency requirement cannot enroll in Medicare Part A or B yet and therefore cannot incur late‑enrollment penalties.

Jason Colletti · Answer

No, there is no penalty for someone who is not yet eligible for Medicare.

A 65-year-old green card holder who hasn’t met the five-year U.S. residency requirement cannot enroll yet, and therefore cannot be penalized for not having Part A or Part B.

Peter Scholl · Answer

No penalty during the 5-year residency requirement.

Once the five years is up AND you become eligible, there will be a penalty if not enrolled at the time of eligibility.

Dean Chiapetto · Answer

There is no penalty because you would be ineligible to participate in Medicare. You have to be eligible for Medicare to be penalized.

Christine Brewer · Answer

A 65-year-old green card holder who hasn't met the five-year U.S. residency requirement and has no other insurance may face penalties for late enrollment in Medicare Part A and/or Part B. These penalties can increase their premiums by a certain percentage for each year they were eligible but did not enroll.

Answered by Christine Brewer on December 10, 2025

Broker Licensed in FL

Greg Poole · Answer

There isn’t any penalty because you cannot enroll in Medicare A or B being a green card holder and not meeting the 5-year residency.

Mark Maliwauki · Answer

Yes, a 65-year-old green card holder without a 5-year residency or 10-year work history might face penalties for delaying Medicare Part A (if they have to pay for it) and definitely for Part B if they don't enroll when eligible.

Answered by Mark Maliwauki on December 10, 2025

Broker Licensed in ID, AZ, CA & 13 other states

Answered by Mark Maliwauki Medicare Insurance Agent

Barry Baker · Answer

Unfortunately, if you do not meet the requirements for Medicare, there is no payment of penalty that will allow you to enroll. You have to be present in the United States or its territories for eligibility. There are no provisions for green card holders or other classes of people. Work and pay taxes for 40 quarters, be 65 years old and present in the country for 5 years or married to a spouse that meets the requirements. Most Medicare penalties are for late enrollments.

Answered by Barry Baker on December 11, 2025

Broker Licensed in MO

Answered by Barry Baker Medicare Insurance Agent

Mudassar Khan · Answer

NO, when  US resident does not have a required residency or meet required credit points to qualify for Medicare Part A and or Part B there is no penalty for not enrolling.

Ellen Diehl · Answer

Has the 65-year-old green card holder worked in the United States and paid taxes for 10 years? My apologies; this is going to be a multi-step response.

Carol Thompson · Answer

I recommend you to contact Medicare at 1-800-MEDICARE to see what is required and if you will be penalized.

Is there a penalty for Medicare Part A or B for a 65-year-old green card holder who hasn’t met the five-year U.S. residency requirement and has no other insurance?

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Is there a penalty for Medicare Part A or B for a 65-year-old green card holder who hasn’t met the five-year U.S. residency requirement and has no other insurance?

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