PRUCOL

PRUCOL is a public benefits eligibility category for clients requesting MC. PRUCOL is not an immigration status (such as Lawful Permanent Resident, Refugee, etc.) and does not imply a legal non-citizen status, no immigration status changes result from claiming PRUCOL status. PRUCOL is used only for benefit entitlement purposes (i.e., MC). Undocumented individuals 26- 49 years old are not entitled to full-scope MC benefits, unless they are eligible under PRUCOL and claim to have SIS.

Reminder: Individuals aged 0-25 and 50 and older receive full-scope MC, if otherwise eligible.

As a result of the court-ordered permanent injunction issued in the Ruiz v. Kizer lawsuit, PRUCOL procedures must be initiated by the EW for non-citizens who have declared and provided adequate documentation of SIS or who claim PRUCOL by completion of the MC 13. Full-scope MC benefits are granted to otherwise eligible non-citizens during the time PRUCOL status is being determined by USCIS.

Important: Staff must never offer legal advice to individuals about PRUCOL and/or their MC case. Instead, refer individuals to legal aid or to a center for immigrants' rights. The EW should NEVER advise a client to claim PRUCOL. Just as an EW would not sign the MC13 for a client, the EW should not advise a client to claim or not to claim any particular status. That is a decision that the client must make on his or her own. EWs should be able to explain what PRUCOL and any other SIS category are when a client asks. PRUCOL can be claimed for a deceased person and for children.

Undocumented individuals are not entitled to full-scope MC benefits UNLESS they are eligible as PRUCOL AND they claim to have SIS. If a client provides documentation of SIS, follow the process for the status provided (i.e., USCIS documents with a non-citizen #, initiate SAVE, institute secondary verification, etc.). If the client does not have any documentation that supports SIS or does not have any documents but states that he/she has SIS through completion of the MC 13, then, the MC 13 is sufficient to initiate PRUCOL. If a client checked “Yes” on #4 of Section B, one of the options on #5 must also be checked “Yes” to indicate the PRUCOL status category, thus declaring USCIS knows that they are in the U.S. and does not intend to deport him/her, either because of the person’s status category or individual circumstance.

Important: When clients claim PRUCOL through completion of the MC 13, they are doing this under rules and regulations. The EW must explain to the client that claiming SIS through completion of the MC 13 is a process of declaring their PRUCOL status under penalty of perjury. Further explain that for PRUCOL categories 1 - 15, the EW will seek PRUCOL determination from USCIS.

Benefit Level for PRUCOL Clients

PRUCOL is a claim of SIS and is treated like any other claim of SIS. The person claiming PRUCOL, who is otherwise eligible, receives full-scope MC benefits until:

  • Unfavorable response is received from USCIS
  • The client is discontinued from MC for any reason.
  • There is a change in SIS reported.

Do not to reduce benefits from full-scope MC to restricted-scope MC while awaiting a PRUCOL response from the USCIS.

Reminder: PRUCOL is not an immigration status and must be reviewed at every MC RD. The MC 13 is only required again at RD if there is a change in status or scope of MC requested.

PRUCOL Definition

PRUCOL status is not recognized by the USCIS as a real or implied legal non-citizen status. USCIS has agreed to determine PRUCOL status for full-scope MC eligibility purposes only.

Categories of PRUCOL

There are 16 PRUCOL categories (MC13).

  1. A conditional entrant admitted to the United States before April 1, 1980
  2. An alien paroled into the United States, including Cuban/Haitian entrants
  3. An alien subject to an Order of Supervision
  4. An alien granted an indefinite stay of deportation
  5. An alien granted an indefinite voluntary departure
  6. An alien on whose behalf an immediate relative petition (INS Form I-130) has been approved and who is entitled to voluntary departure
  7. An alien who has properly filed an application for lawful permanent resident status
  8. An alien granted a stay of deportation for a specific period
  9. An alien granted asylum
  10. A refugee admitted to the United States since April 1, 1980
  11. An alien granted voluntary departure who is waiting issuance of a visa
  12. An alien in deferred action status
  13. An alien who entered and has continuously resided in the United States since before January 1, 1972, who would be eligible for an adjustment of status to lawful permanent resident pursuant to INQ Section 249 (Eligible as a Registry Alien)
  14. An alien granted a suspension of deportation whose departure INS does not contemplate enforcing
  15. An alien granted withholding of deportation pursuant to INA Section 243(h)
  16. An alien, not in one of the above categories, who can show that: (1) INS knows he/she is in the United States; and (2) INS does not intend to deport him/her, either because of the person’s status category or individual circumstances

Category 1-15

All Category 1-15 PRUCOL granted determinations are provisional and must be initiated by the EW for non-citizens who have declared and provided adequate documentation of SIS.

Category 16

An individual may claim PRUCOL status by checking the box 16 on the MC 13, no further documentation/verification required.

Examples of PRUCOL individuals

  • Abused aliens who have self-petitioned under VAWA but not yet received a “Notice of Prima Facie” eligibility.
  • Abused aliens who are a relative of a U.S. citizen with an approved I-130 petition but not meeting the other requirements of battered immigrants.
  • Applicants for adjustment of status.
  • Applicants for cancellation of removal.
  • Applicants for suspension of deportation.
  • Applicants for withholding of deportation or removal.
  • Cancellation of removal granted. (Note: If a person is granted cancellation of removal based on having been abused they are a “qualified alien,” not PRUCOL.)
  • Deferred action granted. (Note: If a person is granted deferred action based on having an approved self-petition as an abused alien, they are a “qualified alien,” not PRUCOL.)
  • Deferred enforced departure granted.
  • Family Unity granted.
  • “K” status granted. “K,” “S,” “U,” or “V” statuses, designated on a person's visa, allow holders to work and eventually to adjust to Lawful Permanent Resident (LPR) status.
  • Lawful temporary residents under the amnesty program of the Immigration Reform and Control Act (IRCA), including those admitted under Sections 210 (“special agricultural workers”) and 245A of the INA.
  •  Citizens of the Marshall Islands. These individuals have special rights under Compacts of Free Association and are lawfully allowed to enter, reside, and work in the U.S. but are not U.S. Nationals.
  • Order of suspension granted.
  • Citizens of Palau. (See Citizens of the MC Islands, above.)
  • Paroled (the procedure by which USCIS allows a non-citizen to enter the U.S. without granting him or her “admission.” It is different from the use of term in the criminal justice system) into the
  • U.S. for a period of one year or less.
  • Residing in the U.S. since prior to January 1, 1972.
  • Eligible to petition as special immigrant juveniles. These are juveniles who have been declared a “dependent of the state” and eligible for long-term foster care due to abuse, neglect, or abandonment.
  • Stay of deportation granted.
  • Stay of removal granted.
  • Suspension of deportation granted. (Note: If a person is granted suspension of deportation based on having been abused they are a “qualified alien,” not PRUCOL.)
  • Voluntary departure granted - definite time.
  • Voluntary departure granted - indefinite time.

Change in PRUCOL Status

Individuals who initially declared undocumented or temporary status who later seek PRUCOL status, must be allowed to complete a new MC 13 declaring PRUCOL status by checking Yes” on #4 of Section B and one of the options on #5 must also be checked.

Other Presumptive PRUCOL

  1. Client
    1. Requests full-scope MC benefits
    2. Completes the MC 13 or Submits documentation of SIS:
      1. The documentation does not need to be a USCIS document, it can be a statement from an attorney or someone who is helping the applicant adjust/obtain their documentation.
      2. The documents must indicate that the applicant is in the U.S. with USCIS knowledge and permission, and that USCIS does not plan on initiate deportation action.
      3. Checks the “yes” in section B #4 and checks one of the options on #5 category 1-16.
  2. EW
    1. Receives document showing SIS
    2. Initiates SAVE

      1. IMPORTANT: For individuals who select category 16 on the MC 13, no further verification is needed.

  3. Client    
    1. Continues to receive full-scope MC benefits until there is a negative determination or a change in status.

PRUCOL CalSAWS Entries

For individuals Permanently Residing Under Color of Law (PRUCOL) CalHEERS has added 14 categories. CalSAWS will add a new drop-down field titled PRUCOL Category. The PRUCOL drop-down will become mandatory when the CalSAWS Immigration Status is Claiming PRUCOL or CalWORKS PRUCOL Elig (for MC only). The PRUCOL drop-downPRUCOL drop-down will include:

  1. Non-citizen, Approved Visa Petition, Pending Adjstmt to LPR
  2. Non-citizen, No Visa Petition, Pend Adjstmt to LPR, Emp Auth
  3. Non-citizen, Pend Adjstmt to LPR, without Emp Auth
  4. Granted a stay of deportation
  5. Granted suspension of deportation, depart USCIS not enforced
  6. Paroled into the United States for less than one year
  7. Granted Deferred Action but not under DACA
  8. Granted Deferred Action for Childhood Arrivals - (DACA)
  9. Granted Order of Supervision, Employment Authorization
  10. Granted Order of Supervision, no Employment Authorization
  11. Immigrant prior to Jan 1st 1972, eligible Registry immigrant
  12. Granted voluntary departure and awaiting issuance of a visa
  13. Non-citizen, I-130 approved, entitled to voluntary departure
  14. Last Category

Related Topics

Citizenship/Immigration Status