Permanently Residing Under the Color of the Law (PRUCOL)

“PRUCOL” is defined as persons who are Permanently Residing Under the Color of the Law and refers to non-citizens residing in the United States with the knowledge and permission of the USCIS, and the USCIS does not contemplate enforcing their departure. For CAPI purposes, PRUCOL refers to the specific non-citizen categories listed in 20 CFR 416.1618 unless the category is also listed in the definition of Qualified Non-citizen.

PRUCOL categories for CAPI purposes apply to non-citizens:

Subject to Order of Supervision.
On whose behalf an immediate relative petition (USCIS Form I-130) has been approved and who is entitled to voluntary departure and whose departure the USCIS does not contemplate enforcing.
Who have properly filed an application for an adjustment to lawful permanent resident status under Section 245 of the INA that USCIS has accepted as “properly filed” and whose departure USCIS does not contemplate enforcing.
Granted a stay of deportation by a court order, statute, or regulation or by individual determination by USCIS under Section 106 of the INA and whose departure USCIS does not contemplate enforcing.A non-citizen residing in the United States under an indefinite voluntary departure.
Residing in the United States under an indefinite voluntary departure.
Granted voluntary departure under Section 242(b) of the INA or 8 CFR 242.5 whose departure USCIS does not contemplate enforcing.
In deferred action status.
Who entered and have continuously resided in the United States prior to January 1,1972 or any date established by Section 249 of the INA.
Granted a suspension of deportation pursuant to Section 244 of the INA whose departure USCIS does not contemplate enforcing.
Granted an indefinite stay of deportation.
Granted lawful temporary resident status under Section 245A of the INA (Immigration Reform and Control Act of 1986).
Not in one of the above categories, who can show that:
- USCIS knows they are in the United States, and
- USCIS does not intend to deport them, either because of the person’s status category or individual circumstances.

See PRUCOL CATEGORY (l)” on page 3.

Reminder: A client must submit valid and current documents verifying his or her PRUCOL status prior to approval of CAPI benefits. USCIS no longer responds to requests to verify whether a non-citizen falls under the PRUCOL category. As a result, submitting a secondary SAVE will not verify a client’s PRUCOL status. Refer to Common Place Handbook, [“SAVE Procedures,” page 13-9] for detailed information.

PRUCOL CATEGORY (l)

For CAPI purposes, there are 12 PRUCOL categories as described in section 6.3. Non-citizens who do not meet the requirements of any of the first 11 categories, may attempt to qualify under the twelfth category (l):

“An individual - Not in one of the above categories, who can show that”:

USCIS knows they are in the United States, and
USCIS does not intend to deport them, either because of the person’s status category or individual circumstances.

The conditions in this category must be carefully explored:

USCIS Knows that the non-citizen is in the U.S.

It is the individual’s responsibility to show that USCIS is aware of his or her presence in the U.S.
- Note: An individual who is subject to an order of removal is assumed to have complied with that order by leaving the country and therefore does not satisfy this requirement.
There is a general presumption that an individual who is granted time-limited admission to the U.S. (e.g., a holder of a non-immigrant visa such as a visitor, student or business visa) will leave the country prior to the expiration date of that admission. When an individual overstays his or her visa, it cannot be assumed, without proof, that USCIS remains aware of the individual’s presence in the U.S. Therefore, such individuals have the burden of proving that USCIS is aware that they remain present in the United States.
A non-citizen may demonstrate that USCIS is aware of his/her presence in the U.S. by providing proof that some type of correspondence (e.g., immigration forms, inquiries, letters) was filed with USCIS after the date of the visa’s expiration. The non-citizen must provide proof that correspondence with USCIS has actually been filed (e.g., U.S. Post Office proof of mailing or a notice of action or receipt from USCIS).
Mere intent to file documentation with USCIS does not satisfy the requirement of USCIS’s knowledge of the individual’s continued presence.

USCIS does not intend to deport him/her, either because of the person’s status category or individual circumstances.

USCIS does not contemplate enforcing an individual’s departure if it is the policy or practice of that agency not to enforce departures of aliens in the same category. 20 CFR §416.1618(a). As USCIS does not have a practice of deporting the aged, blind or disabled, most CAPI applicants can successfully claim that USCIS does not intend to deport them.
Please note that if an applicant is subject to an order of deportation/removal, he or she will not meet the requirement listed above and will not qualify as PRUCOL. Some immigrants may not be aware that they are subject to old orders of deportation that remain active.

Temporary Protected Status (TPS)

TPS is a temporary immigration status granted to eligible individuals of a certain country designated by the Department of Homeland Security because serious temporary conditions in that country.

Noncitizens granted TPS are authorized to work and stay in the U.S for a specified time. TPS is not considered a PRUCOL status. Noncitizens granted TPS are not eligible for CAPI.

Non-citizens from the Republic of Marshall Island (RMI), Federated States of Micronesia (FSM), or the Republic of Palau

The RMI, FSM and the Republic of Palau, collectively known as the FAS were formerly parts of the Trust Territory of the Pacific Islands established by the United Nations following World War II. The RMI and FSM became independent in 1986, and the Republic of Palau in 1994.

The United States signed Compacts of Free Association with all three island nations under which their citizens are permitted to permanently reside and work in the U.S. without visas (Palauans do not even require a passport). The compact did not make these individuals United Stated citizens.

Under CAPI regulations, the PRUCOL category includes those immigrants whom the USCIS knows are present in the United States and does not intend to deport.