305.07 Eligible Aliens SR 94-04, 04/94 (AAM-A) |
Aliens in the U.S. are eligible for benefits only if INS has granted them permanent resident status as either immigrants or as Permanent Residents Under Color of Law (PRUCOL). INS documents clearly describe individuals under permanent immigration status. However, documents describing PRUCOL aliens may define alien status according to the various sections of the Immigration and Naturalization Act listed below.
. Section 207(c) - Refugees.
. Section 203(a)(7) - Conditional entrant refugees.
. Section 208 - Asylees (status granted by the Attorney General).
. Section 212(d)(5) - Temporary parolees (status granted by the Attorney General). These include Cuban and Haitian entrants.
. Section 242(d) - Aliens under an INS order of supervision; that is, aliens who would normally be deported but for humanitarian or other reasons deportation is not enforced.
. Section 244 - Aliens granted an indefinite voluntary departure status.
. Section 249 - Aliens who can verify entry into the United States prior to January 1, 1972 and continuously resided since that date.
. Section 245A or 210 - Aged, blind or disabled aliens granted lawful temporary or permanent residence under the Immigration and Control Act.
. Section 245A or 210 - Aliens who were granted temporary resident status at least 5 years prior to applying for financial or medical assistance and whose status was subsequently adjusted to permanent resident status.
. An American Indian born in Canada, if the individual is of at least 50% Indian blood. This does not include spouses or children who are of less than 50% Indian blood.
. Section 245A or 210 - Cuban and Haitian entrants whose status has been adjusted to that of lawful temporary or permanent resident under the Immigration Reform and Control Act.
. Section 242(b) - Aliens granted a voluntary departure status with a definite deportation date of a year or more from initial date.
. Section 244 - Aliens granted suspension of deportation.
. Section 245 - For medical assistance-only, aliens granted temporary or permanent resident status under the Immigration Reform and Control Act who are under 18 years old.
Aliens who are unable to verify permanent residence according to the PRUCOL categories above may be protected by PRUCOL. Check if the alien meets any of the following criteria:
. The INS document provided by the alien shows that INS is allowing the individual to remain in the U.S. indefinitely.
. The INS document provided by the alien has an expiration date of 1 year or more from the date of issuance-evidence that INS does not intend to enforce the alien's departure.
. The INS document provided by the alien shows the alien is being allowed to remain in the U.S. for a specified period of time due to conditions in the alien's home country.
If an alien does not have, or has never been given, any type of INS documentation, that person is not a lawful permanent resident or protected by PRUCOL.