Date: October 26, 2004
21
Trans. No. 04 OMM/ADM-7
Page No.
To be PRUCOL, the immigrant must possess or obtain documentation
that establishes that he or she is permanently residing in the
United States with either of the following:
•
the knowledge and permission of the USCIS;
or
•
the knowledge and acquiescence of the USCIS.
These concepts are important and are explained further, below.
Permanently residing in the U.S. with the knowledge and
permission of the USCIS:
This means that the USCIS “knows” that the immigrant is present
in the U.S. and has granted its permission for the immigrant to
remain in this country, at least for the time-being; that is, the
USCIS is not contemplating enforcing the immigrant’s departure at
this time. As a general rule, immigrants will be permanently
residing in the
U.S. with the knowledge and permission of the
USCIS when the USCIS has granted the immigrant a particular
immigration status. The immigrant will have a document or form
issued by the USCIS that indicates the particular immigration
status that the USCIS has granted. The USCIS provides different
documents and forms to immigrants, depending upon that
immigrant’s specific immigration status. In some cases, an
immigrant may also have a document issued by an immigration court
that permits the immigrant to remain in this country.
Permanently residing in the U.S. with the knowledge and
acquiescence of the USCIS:
This means that the USCIS “knows or can reasonably be expected to
know” that the immigrant is present in the U.S. and, although the
USCIS may not have officially granted the immigrant permission to
remain in this country, as demonstrated by a particular USCIS
document or form granting a particular immigration status, the
USCIS, through its silence or inaction, is apparently acquiescing
in the immigrant’s presence here, at least for the time-being.
These immigrants will not have any USCIS document or form
establishing that the USCIS has granted them a particular
immigration status. However, the immigrant can be expected to
present documentation of his or her contacts with the USCIS.
This documentation must be sufficient to establish that the USCIS
has knowledge of the immigrant’s presence in the U.S. or, given
all the facts and circumstances of the particular case, one may
reasonably conclude that the USCIS knows that the immigrant is
here. For example, the immigrant may have a copy of his or her
letter to the USCIS applying for a particular immigration status
and documentation, such as a return receipt for certified mail,
showing that the USCIS would have received this letter. The
USCIS’s acquiescence in the immigrant’s presence in the U.S. may
be established when the USCIS, despite having been notified of
the immigrant’s presence in this country, fails after a
reasonable period of time to respond to the immigrant’s letters
or fails to take any action to enforce the immigrant’s departure
from the U.S.
Date: October 26, 2004
22
Trans. No. 04 OMM/ADM-7
Page No.
Both of these concepts are explained below, with specific
reference to the PRUCOL categories listed at pages 19 and 20 of
this directive. For most of these PRUCOL categories, the USCIS
will have issued the immigrant a document or form showing that
the USCIS has granted the immigrant a particular immigration
status. As noted, however, immigrants may be found to be PRUCOL
even in the absence of a USCIS document or form granting an
immigration status.
1. VERIFICATION OF PRUCOL STATUS FOR IMMIGRANTS TO WHOM THE USCIS
HAS ISSUED DOCUMENTS OR FORMS GRANTING AN IMMIGRATION STATUS:
a. Immigrants to whom PRUCOL categories (a)-(k) apply:
When an eligibility worker verifies
immigration documents
for PRUCOL categories “a” through “k”, documentation is fairly
straight forward. By referring to the desk guide “DOCUMENTATION
GUIDE FOR PRUCOL ALIEN CATEGORIES” (Attachment B-2 of this
directive and/or Desk Guide Attachment D-1: “Category 3”) the
worker needs only to match the appropriate document presented to
the category of PRUCOL “a through k”.
For example: When an individual presents an I-797 Notice of
Action indicating an I-130 Petition for Alien Relative has been
approved, the worker would review page 5 of the desk guide
“Documentation Guide, Immigrant Eligibility for Health Coverage
in New York State” (Attachment D-1 of this directive) to
determine the type of USCIS document the worker is reviewing.
Reproduced below is the relevant portion of page 5 of the desk
guide highlighting the I-797 and I-130:
U. S. Citizenship and Immigration Services (USCIS) Documents
I-94
Arrival Departure Card
I-181
Memorandum Of Creation of Record
of Lawful Permanent Residence
I-210
Voluntary Departure
I-220B
Order of Supervision
I-130 Petition for Alien Relative
I-140
Immigrant Petition for Alien Worker
I-327
Reentry Permit for permanent
residents
I-551
Legal Permanent Resident Card,
Resident Alien Card or “green card”
I-571
Refugee Travel Document
I-688
Temporary Resident Card
I-688A
Employment Authorization For Legalization
Applicants
I-688B
Employment Authorization Card
I-766
Employment Authorization Card
I-797 Notice of Action (I-797C current version)
DD-Form 2
Military Identification Card
DD-214
Report of Separation Military Discharge
Document
Next, the worker would turn to page 3 of the desk guide
“Documentation Guide Immigrant Eligibility for Health Coverage in
New York State” (Attachment D-1 of this directive)under “Category
3: Persons who are Permanently Residing under Color of Law
(PRUCOL)”. The worker can then identify the category of PRUCOL by
matching the documentation to the category. In this particular
example, the worker would conclude that the appropriate PRUCOL
category is (e), “Persons on whose behalf an immediate relative
petition has been approved and his or her families covered by one
petition”, as illustrated below: