PRUCOL and Refugees

Permanently Residing In the United States Under Color Of Law (PRUCOL)

Definition

“PRUCOL” is a term defined by regulations and court decisions to describe categories of noncitizens who are potentially eligible for certain public benefits. PRUCOL is not a separate USCIS immigration classification (such as Lawful Permanent Resident, Amnesty, etc.). It is a term applied to persons in order to determine eligibility for public benefits in California. The public benefits covered by PRUCOL are CalWORKs, FC, and Medi-Cal.

Rule

Some PRUCOL noncitizens meet the definition of a qualified noncitizen. Eligibility for these noncitizens should be evaluated in accordance with qualified noncitizen rules.

PRUCOL noncitizens who are not qualified noncitizens may still be eligible for cash aid and full scope Medi-Cal, but they are not eligible for CalFresh. PRUCOL eligibility varies by program.

Immigration Status Qualified Noncitizen

Admitted pursuant to 8 USC 1153(a)(7), (INA section 203(a)(7) Refugee-Conditional Entry

YES

Paroled under 212(d)(5)

YES
( >1 yr)

Cuban/Haitian

YES

Noncitizens with approved Immediate relative petition and their families covered by the petition who are entitled to voluntary departure and whose departure the USCIS does not contemplate enforcing.

NO

Noncitizens who have properly filed for adjustment of status under INA section 245

NO

Noncitizens granted stays of deportation by court order, statue, or 8 USC 1105(a) (INA Section 106)

NO

Noncitizens granted asylum pursuant to 8 USC 1157 (INA Section 208)

YES

Noncitizens admitted as refugees pursuant to 8 USC 1157 (INA Section 207)

YES

Noncitizens admitted as refugees pursuant to 8 USC 1153(a)(7) (INA Section 203(a)(7)

YES

Noncitizens granted voluntary departure pursuant to 8 USC 1252(b) (INA Section 242(b) or 8 CFR 242.5 whose departure USCIS does not contemplate enforcing.

NO

Noncitizens granted deferred action status

NO

Noncitizens residing in the U.S. under orders of supervision pursuant to 8 USC 1252(d) (INA Section 242)

NO

Noncitizens who have entered and continuously resided in the U.S. since before January 1, 1972 (or any date established by 8 USC 1259) (INA Section 249)

NO

Noncitizens granted suspension of deportation pursuant to 8 USC 1254 (INA Section 244) and whose departure the USCIS does not contemplate enforcing.

NO

Noncitizens whose deportation has been withheld pursuant to USC Section 1253(h) (INA Section 243(h))

YES

Any other noncitizen living in the U.S. with the knowledge and permission of the USCIS and whose departure the USCIS does not contemplate enforcing.

NO

A client must submit valid and current documents verifying his or her PRUCOL status prior to the issuance of benefits. USCIS no longer responds to requests to verify whether a noncitizen falls under the PRUCOL category. As a result, submitting a Secondary SAVE will not verify a client’s PRUCOL status. Refer to SAVE Overview for detailed information on the process.

Undocumented noncitizens who claim PRUCOL on the basis that they are here with the knowledge and permission of the USCIS and the USCIS does not contemplate deporting them are not eligible for CalFresh or CalWORKs but may be eligible for full-scope Medi-Cal.

For Medi-Cal, EWs must apply the alien presumptive eligibility rules for noncitizens who seek PRUCOL. Refer to Medi-Cal Handbook, “Citizenship/Immigration Status,” page 6-1.

For FC, PRUCOL status can be requested for noncitizen children without documentation who are in court-ordered out-of-home placement. (This process is similar to the Medi-Cal PRUCOL process. The Social Worker completes the “G-845 Supplement - PRUCOL” [MC 845] on behalf of the child.)

Documents

PRUCOL noncitizens may be issued one of the following documents (this is not an exhaustive list):

  • I-94 showing “Paroled as a Refugee, Humanitarian Parolee or Public Interest Parolee”.
  • I-688B indicating the following:
    • 274a.12(c)11”Paroled for emergent or public interest reasons”
    • 274a.12(c)12 “Indefinite Voluntary Departure”
    • 274a.12(c)13 “Stay of deportation.”

Refugees

Definition

Refugees are given permission to come to the U.S. because they have a fear of persecution in their own country. They receive refugee status prior to entry. For a general definition, refugees may include the following noncitizens:

  • Amerasians
  • Conditionals
  • Cuban/Haitians
  • “Mariel” Cubans
  • Match Grant Refugees
  • Orderly Departure Refugees
  • “Paroled” as an Asylee
  • “Paroled” as a Refugee
  • Private Funded Jewish Refugees
  • Public Sector Refugees

Some of the above noncitizens may be eligible as qualified noncitizens depending on the program for which they are applying.

Rule

Refugees meet the definition of “qualified noncitizen” for the first seven years in the U.S. and are eligible for all federal public benefits. Seven years after their date of entry they lose their “qualified noncitizen” status and are no longer eligible for federal means-tested public benefits as refugees.

Refugees:

  • Are NOT sponsored
  • May convert to permanent resident status after one year of residence in the U.S.
  • Can apply for an I-688B employment authorization document, and
  • May be eligible for RCA/ECA/RMA/EMA during the first 8 months from the date of entry on the I-94.

CalWORKs

Refugees are qualified aliens who meet the exception criteria, and if otherwise eligible, are eligible for federal public benefits immediately upon arrival. There is no five-year ban.

CalFresh

Individuals are eligible for federal CalFresh as refugees for the first seven years after being granted that status. When the 7-year period ends, refugees remain federally eligible, since they then qualify for another exception (having legally resided in the U.S. as a “Qualified Noncitizen” for five (5) years or longer). No further determination is required.

Medi-Cal

Individuals are eligible for federally funded RMA coverage as refugees for 8 months.

Documents

Refugees may have any of the following documents:

I-94 referencing any of the following:

  • Paroled as a Refugee, Section 207 or 212(d)(5)
  • Conditional, Section 203
  • Cuban/Haitian, Section 502(e)
  • Kurdish and Iraqi Asylees granted asylum under Section 208 or 208(a).

I-551: With lawful permanent status

I-571: Refugee Travel Document

I-688B: Annotated 274a12(a)(3)

I-766: Annotated “A3”

Related Topics

Noncitizen Categories & USCIS Codes Introduction

Asylees and Authorization to Work

Conditionals