Non-Citizen Categories

The following categories identify the types of qualified non-citizens who may be eligible for CalWORKs.

Note: The following list may not be inclusive of all non-citizen categories.

Non-Citizens Permanently Residing in the U.S. Under Color of Law (PRUCOL)

PRUCOL refers to non-citizens living in the U.S. with the knowledge and permission of DHS and who DHS does not plan to deport. In some cases, the PRUCOL non-citizen may have filed an application for permanent residency. In other cases, the non-citizen may have been granted permission to remain in the U.S. under another immigration classification.

PRUCOL is not a separate USCIS immigration classification (such as refugee, lawful permanent resident, parolees, etc.) but rather is a term defined by regulations and court decisions to describe categories of non-citizens who are potentially eligible for certain public benefits. The public benefits covered by PRUCOL are CalWORKs, Foster Care, and Medi-Cal. PRUCOL non-citizens may be eligible for Federal or State funded benefits depending on:

  • The qualified non-citizen status,
  • The five-year ban exemption, and
  • The date of entry.

Non-immigrant non-citizens, lawfully admitted for a temporary purpose or temporary residence, and undocumented non-citizens are not eligible for Federal or State funded CalWORKs benefits

Asylee

Persons with Asylee status are eligible for refugee assistance and services beginning on the date that they are granted asylum. The “entry” date, which is the date that an individual is granted asylum, is used to determine the period of eligibility for benefits.

Documentation

The following documents are acceptable to confirm Asylee status:

  • INS Form I-94 Arrival/Departure Card with the admission codes AS-1, AS-2, or AS-3,
  • INS Form I-94 Arrival/Departure Card with the notation Visa 92 (V-92),
  • INS Form I-571 “United States Refugee Travel Document”,
  • I-766 Employment Authorization Document with the code A05,
  • Asylum Approval Letter from an USCIS Asylum Office,
  • Written decisions from the Board of Immigration Appeals (BIA),
  • Order of an Immigration Judge Granting Asylum under Section 208 of the INA, or
  • I-94 Arrival/Departure Card noting that the individual has been admitted under Section 208 of the INA.

I-571

The I-571, which is a United States Refugee Travel Document, does not distinguish between refugees and individuals with Asylee status. An individual with this document may be a refugee or Asylee. EWs must ensure that the appropriate status is validated at application.

Board of Immigration Appeals (BIA)

A written decision from the BIA is acceptable as proof of Asylee status. The “entry” date (i.e., date of asylum is granted) on the decision is used for determining the period of eligibility.

Immigration Judge Order

An “Order of an Immigration Judge Granting Asylum under Section 208 of the INA” is proof of Asylee status only if INS has waived the right to appeal. The order contains a section that notates whether INS has waived or reserved the right to appeal the case. If INS has reserved its right to appeal, an Immigration Judge Order will not serve, on its own, as proof of status. If an Asylee brings an Immigration Judge Order that shows that INS has reserved its right to appeal, the EW must wait 30 days from the date on the Immigration Judge Order. On or after the 31st day, the EW must call the EOIR case status line at (800) 898-7180 to find the case status.

Use the following chart to determine the “entry” date for an Asylee who presents a Order of an Immigration Judge Granting Asylum under Section 208 of the INA:

Documentation and Situation Action Benefit Eligibility “Entry” Date (i.e. date asylum granted)
Immigration Judge Order with notation that appeal was waived by INS No EOIR verification is needed. Applicant is a qualified non-citizen and eligible to receive The date on the Immigration Judge Order will serve as the “entry” date (i.e. the date the individual was granted asylum.
Immigration Judge Order with notation that appeal was reserved INS;
INS did not appeal		 No action can be taken until 30 days after the date on the Immigration Judge Order. On or after the 31st day, call EOIR case status line at (800) 898-7180 to see whether INS has appealed. If INS did not appeal, the individual is an Asylee and is eligible for assistance and services.

30 days after the date on the Immigration Judge Order.

Example: Immigration Judge Order dated 9/1/2017. If INS did not appeal, the “Entry” day is 10/1/2017.
Immigration Judge Order with notation that appeal was reserved by INS;
INS appealed		 No action can be taken until 30 days after the date on the Immigration Judge Order. On or after the 31st day, call EOIR case status line at (800) 898-7180 to see whether INS has appealed. If INS has appealed the case, the individual is not an Asylee and is not yet eligible for assistance and services. No “entry” date as the individual is not yet an Asylee.

Note: Although the EOIR case status line is updated every 24 hours, appeal information may not be available on the 31st day. EWs shall adhere to established business processes with regards to case processing time-frames when completing applications for individuals who identify as having Asylee status.

Recommended Asylum Approvals

Recommended Asylum Approvals are not proof of Asylee status. A recommended approval letter lets the individual know that his/her application has been recommended for approval and that an investigation of his/her identity and background will be conducted before a final approval is issued. These recommended approval letters allow applicants to apply for employment authorization documents, however they are not proof of Asylee status.

Derivative Members

Family members will have the same “entry” date as the principal Asylee if included on the asylum application. In some cases, Asylee family members may not be in the United States and will have a different date of entry on documents. Use the following chart to assist with determining the date of entry for the derived family members:

Situation “Entry” Date
Family members included in principal Asylee application Same “entry” date (i.e., date of asylum grant) as principal Asylee

Family members outside of the United States;

I-760 process or Visa 92

 Date that the family members enter the United States; date of “entry” will be noted on the I-94
Family members in the United States; not included on principal asylum application; I-730 process Date that the I-730 application is approved; INS will issue Form I-94 with this date; I-730 approval letter also will be acceptable documentation.

Battered Non-citizen Status

Battered non-citizens may be considered “qualified” immigrants for purposes of receiving public assistance (i.e. CalWORKs, Medi-Cal, CalFresh, etc.) before they obtain LPR status, if they have filed a petition under VAWA showing they are apparently eligible for LPR status. Battered non-citizen status applies only to VAWA applicants. Other immigrants who are not yet citizens are not covered by the battered non-citizen status. Verification of the petition being filed must be provided prior to approval of public assistance.

Documentation

The non-citizen applying for VAWA may receive benefits if USCIS grants them “Battered Non-citizen” status. Only USCIS can make the determination of “Battered Non-citizen” status. These individuals typically have not received their permanent immigration status and have been issued a prima facie document from USCIS.

Note: Battered non-citizen status is different from victims of domestic abuse with sponsored non-citizen or LPR immigration status. These individuals are exempt from sponsor deeming rules. Documentation of domestic abuse does not meet the requirement for Battered Non-citizen status. Refer to Sponsored Non-Citizen [EAS 43-119.1] for information on the treatment of battered sponsored non-citizens.

Central American Minor Program

The Central American Minor (CAM) Program is an in-country family reunification program that permits qualifying parents, who are lawfully present in the U.S., to request access to the U.S. Refugee Admissions Program for their children who are still in El Salvador, Guatemala, or Honduras.

To bring a child to the U.S., a qualifying parent must be at least 18 years of age and lawfully present in the U.S. in one of the following seven categories at the time of filing an application with a RA:

  • Permanent Resident Status,
  • Temporary Protected Status,
  • Parolee,
  • DACA,
  • Deferred Action (non-DACA),
  • Deferred Enforced Departure, or
  • Withholding of Removal.

Other categories of non-citizens, who are lawfully present in the U.S., outside of the CAM Program, such as ayslees, victims of trafficking or other serious crime with a T or U Visa, and special immigrant visa holders, may have other programs to bring eligible derivatives to the U.S. Minors who enter the U.S. through the CAM Program are eligible for benefits and services to the same extent as any other child with refugee/parolee status.

Cuban and Haitian Entrants

A Cuban and Haitian entrant is defined as meeting one of the following categories and, with respect to whom, a final, nonappealable, and legally enforceable order of removal, deportation, or exclusion has not been entered:

  • Any individual granted parole status as a Cuban/Haitian entrant (status pending) or granted any other special status subsequently established under immigration law for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided,
  • A national of Cuba or Haiti who was paroled into the United States and has not acquired any other status under the INA,
  • A national of Cuba or Haiti who is the subject of removal, deportation, or exclusion proceedings under the INA, or
  • A national of Cuba or Haiti who has an application for asylum pending with USCIS.

Documentation Requirements

The following charts list the documents that provide proof of the statuses listed above. These documents may or may not provide proof of identity, nationality, or “entry” date:

The following list identifies the documents that provide proof of status for a Cuban/Haitian Entrant (Status Pending) or a Cuban/Haitian granted any other special status’ subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided:

Documents/Codes Comments
An I-94 Arrival/departure card with a stamp showing parole at any time as a “Cuban/Haitian Entrant (Status Pending)” I-94 may refer to §212(d)(5).
CH6 adjustment code on the I-551 Even after a Cuban/Haitian Entrant (Status Pending) becomes a permanent resident, he/she technically retains the status Cuban/Haitian Entrant (Status Pending).
An I-94 Arrival/departure card with a stamp showing parole into the U.S. on or after 4/21/1980 I-94 may refer to §212(d)(5).
A Cuban or Haitian passport with a §212(d)(5) stamp dated after 10/10/1980 None

The following list identifies the documents that provide proof of status for a national of Cuba or Haiti who was paroled into the United States and has not acquired any other status under the INA and with respect to whom a final, nonappealable, and legally enforceable order of removal, deportation or exclusion* has not been entered.

Documents/Codes Comments
I-94 Arrival/departure card showing parole into the United States I-94 may refer to §212(d)(5), humanitarian or public interest, parole.
I-766 Employment Authorization Document with the code A04 None
I-766 Employment Authorization Document with the code C11 None
I-688B Employment Authorization Document with the provision of law 274.a.12(a)(4)** This is an older version of the employment authorization document but it is still in use.
I-688B Employment Authorization Document with the provision of law 274a.12(c)(11)** This is an older version of the employment authorization document but it is still in use.

*Note 1: The question of whether there is a final, nonappealable, legally enforceable order of removal, deportation, or exclusion is essentially a legal determination that cannot be made by reviewing the listed documents. Additionally, it is not a decision that EWs can make in the regular course of the eligibility determination. EWs shall require a written declaration, under penalty of perjury, that the individual has a status that makes them eligible in addition to verifying through other methods, such as calling the EOIR case status line at (800)898-7180 or accessing the SAVE system.

**Note 2: If an individual provides an I-688B Employment Authorization Document, which does not provide information about nationality, EWs must request other documentation to confirm that the individual is a Cuban/Haitian national.

The following list identifies the documents that provide proof of status for a national of Cuba or Haiti who is the subject of removal, deportation, or exclusion proceedings* under the INA and with respect to whom a final, nonappealable, and legally enforceable order of removal, deportation or exclusion** has not been entered.

Documents/Codes

Comments

USCIS Form I-221

Order to Show Cause and Notice of Hearing

USCIS Form I-862

Notice to Appear

USCIS Form I-220A

Order of Release on Recognizance

USCIS Form I-122

Notice to Applicant Detained for a Hearing Before an Immigration Judge

USCIS Form I-221S

Order to Show Cause, Notice of Hearing and Warrant for Arrest

Copy of USCIS Form I-589 date stamped by the Executive Office for Immigration Review (EOIR)

Application for Asylum and Withholding of Removal; Individual is subject of removal, deportation, or exclusion proceedings.

Copy of USCIS Form I-485 date stamped by EOIR

Application to Register Permanent Residence or to Adjust Status; Individual is subject of removal, exclusion, or deportation proceedings.

EOIR-21

Notice of Appeal, date stamped by the Office of the Immigration Judge

I-766 Employment Authorization Document with the code C10

Application for suspension of deportation/cancellation of removal submitted

I-688B Employment Authorization Document with the provision of law 274a.12(c)(10)***

Application for suspension of deportation/cancellation of removal submitted

Other applications for relief that have been date stamped by EIOR

None

Other documentation pertaining to an applicant’s removal, exclusion, or deportation proceedings

Example: A notice of a hearing date before an Immigration Judge

*Note 1: Although the above documents show that proceedings have been initiated in a case, they do not confirm that proceedings are continuing. In order to confirm that proceedings are continuing, EWs must use other methods, such as calling the EOIR case status line at (800)898-7180 or accessing the SAVE system.

**Note 2: The question of whether there is a final, nonappealable, legally enforceable order of removal, deportation, or exclusion is essentially a legal determination that cannot be made by reviewing the listed documents. Additionally, it is not a decision that EWs can make in the regular course of the eligibility determination. EWs shall require a written declaration, under penalty of perjury, that the individual has a status that makes them eligible in addition to verifying through other methods, such as calling the EOIR case status line at (800)898-7180 or accessing the SAVE system.

***Note 3: If an individual provides an I-688B Employment Authorization Document, which does not provide information about nationality, EWs must request other documentation to confirm that the individual is a Cuban/Haitian national.

The following list identifies the documents that provide proof of status for a national of Cuba or Haiti who is the subject of removal, deportation, or exclusion proceedings* under the INA and with respect to whom a final, nonappealable, and legally enforceable order of removal, deportation or exclusion** has not been entered.

Documents/Codes Comments
USCIS receipt for filing Form I-589 Application for Asylum and Withholding of Removal
I-766 Employment Authorization document with the code C08 None
I-688B Employment Authorization Document with the provision of law 274a.12(c)(8)** This is an older version of the employment authorization document but it is still in use.

*Note 1: The question of whether there is a final, nonappealable, legally enforceable order of removal, deportation, or exclusion is essentially a legal determination that cannot be made by reviewing the listed documents. Additionally, it is not a decision that EWs can make in the regular course of the eligibility determinations. EWs shall require a written declaration, under penalty of perjury, that the individual has a status that makes them eligible and attempt other methods to verify, such as calling the EOIR case status line at (800)898-7180 or accessing the SAVE system.

**Note 2: If an individual provides an I-688B Employment Authorization Document, which does not provide information about nationality, EWs must request other documentation to confirm that the individual is a Cuban/Haitian national.

Individuals Paroled as Refugees

Individuals who are paroled as refugees under §212(d)(5) of the INA, may receive benefits and services to the same extent as persons who are admitted to the U.S. as refugees (i.e. RCA, CalWORKs, etc.). These individuals are exempt from sponsor deeming rules and CalWORKs eligibility begins one year after the non-citizen has been paroled in the U.S.

The following list are the acceptable documents for individuals paroled as refugees under §212(d)(5) of the INA:

Documents/Codes Comments
I-94 Arrival/departure card noting that the individual has been paroled as a refugee or Asylee under §212(d)(5). To be eligible under this provision, the I-94 must note that the individual is a refugee or Asylee.
I-766 Employment Authorization Document with the code A04 None
I-688B Employment Authorization Document with the provision of law 274a.12(a)(4) This is an older version of the employment authorization document but it is still in use.

Note: EWs may encounter other individuals, not refugees or Asylees, who have been paroled under §212(d)(5). The documentation of other parolees under §212(d)(5) may include language such as “humanitarian” or “public interest parole.” These types of parolees under §212(d)(5) are NOT eligible for refugee benefits. Only individuals who are listed as refugees or Asylees are eligible under this provision.

Special Immigrant Visa (SIV) for Iraqi and Afghan Individuals

Iraqi and Afghan individuals who were employed by or assisted the U.S. Armed Forces with translations and interpreter services are admitted to the U.S. with SIVs. These Iraqis/Afghans and their family members are eligible to receive CalWORKs benefits effective upon their DOE to the U.S. with proper documentation from USCIS and are treated as qualified non-citizens.

These families are required to meet all eligibility criteria including welfare to work and reporting requirements.

Federally Funded Benefits

Verification

There are two types of proper documentation to verify that the Iraqi or Afghan principal SIV applicants and their families (spouses and their unmarried children) are in receipt of a SIV:

  1. An Iraqi or Afghan passport with an Immigrant Visa (IV) stamp noting that the individual has been admitted under any one of the following categories:
    1. SI1 or SQ1 (Principal Applicant),
    2. SI2 or SQ2 (Spouse of SI1 or SQ1),
    3. SI3 or SQ3 (Unmarried child, under the age of 21, of SI1 or SQ1),
    4. SI6 or SQ6 (Principal Adjusting Status in the U.S.),
    5. ISI7 or SQ7 (Spouse of SI6 or SQ6),
    6. SI9 or SQ9 (Unmarried child, under the age of 21, of SI6 or SQ6), and
    7. A Department of Homeland Security (DHS) stamp or notation on the passport or I-94 showing date of entry.
  2. DHS Form I-551 with a code of SI6 or SQ6, SI7 or SQ7, or SI9 or SQ9 which confirms both the status and the date of entry into the U.S. for the principal SIV applicant.

For Iraqi or Afghan Special Immigrants who acquire SIV status while in the U.S., the date of eligibility begins on the date the SIV status is granted.

State-Only CalWORKs Trafficking and Crime Victims Assistance Program (TCVAP)

Senate Bill 1569 was enacted on January 1, 2007, to provide state-funded assistance for non-citizen victims of human trafficking, domestic violence, or other serious crimes prior to ORR certification. In most cases, non-citizen trafficking and serious crime victims must apply to the USCIS for a “T” Visa or “U” Visa, respectively, which allows them to remain in the country and to assist law enforcement with the investigation and prosecution of the crimes against them.

Refer to Human Trafficking Victims.

CalWORKs TCVAP victims are eligible for state-funded cash assistance if they meet the income, resource, and other CalWORKs program requirements.

Eligibility for state-funded benefits and services under TCVAP will be terminated if the recipient no longer meets CalWORKs eligibility criteria; for example, the income and/or resource limit has been exceeded or there is no longer a qualifying child in the AU.

Related Topics

Eligibility Requirements

Non-Citizens

Federally Funded

State-Only CalWORKs Program

Verification

40 Qualifying Quarters

Sponsored Non-Citizen Definition