Date: October 26, 2004
23
Trans. No. 04 OMM/ADM-7
Page No.
Category 3: Persons who are Permanently Residing Under Color of Law (PRUCOL)*
Category
Documentation
WMS ACI
code
e. Persons on whose
behalf an immediate
relative petition has
been approved and
her/his families
covered by the
petition
(Non-citizens
who are immediate
relatives (spouse,
father, mother, or
unmarried child
under 21) of a U.S.
citizen/LPR who has
filed an I-130 on
their behalf.)
►I-94 and/or I-210 indicating departure on a specified
date, however, the USCIS expects the non-citizen’s
visa will be available within this time
►I-797 indicating I-130 petition has been approved
►Also see documentation listed under category “l”
O
b. Immigrants granted a “K,” “V,” “S” or “U” visa:
There have been several new visa categories issued by the
United States Citizenship and Immigration Services (USCIS)
over the past several years.
Some categories of “special” nonimmigrant statuses allow
the status (visa) holder to work and eventually adjust to
lawful permanent residence. These categories allow the
individual to apply for adjustment to LPR status after he
or she has had the non-immigrant status for a period of
time. These statuses are included in the category defined
as: “Other persons living in the U.S. with the knowledge
and permission or acquiescence of USCIS and whose departure
USCIS does not contemplate enforcing.”
Such statuses include, for example:
K status:
For the spouse, child, or fiancé(e) of a U.S.
citizen.
S status:
For informants providing evidence for a
criminal investigation. Also known as the
“Snitch Visa”.
U status:
For victims or witnesses of specified crimes
(who have suffered substantial physical or
mental abuse and agrees to cooperate with the
government).
V status:
For spouses and children of LPR’s whose visa
petitions (Form I-130) have been pending for at
least three years.
NOTE: THE ABOVE USCIS VISA CATERGORIES ARE NOT TO BE
CONFUSED WITH WMS ALIEN CITIZENSHIP INDICATOR CODES (ACI
CODES).
Date: October 26, 2004
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If otherwise eligible, an individual with a visa category
of K or V or S or U should be authorized for Medicaid,
FHPlus and CHPlus A as PRUCOL. These visa categories are
discussed further, below:
The K and V Visa Status
Nonimmigrant visas V (Visa codes V-1, V-2 and V-3) and K (Visa
codes K-3 and K-4) are two new categories of “special”
nonimmigrant visas that were created by the Legal Immigration and
Family Equity Act (LIFE Act) and are issued to persons intending
to live permanently in the United States. The V visa may be
issued to alien spouses and minor children of lawful permanent
residents whose family petitions (the I-130) have been pending
for some time. The V visa is intended to permit family
reunification while the immigration cases of the lawful permanent
resident’s spouse and children are pending. The K visa allows
alien spouses and minor children of United States citizens to
enter the United States legally and obtain work authorization.
Individuals issued any of these visas may enter the United States
as nonimmigrants to complete the immigration process.
The S and U Visa Status
Holders of the S (Visa codes S-5, S-6 and S-7) or U visas (Visa
codes U-1, U-2, U-3, and U-4) are considered PRUCOL and, if
otherwise eligible, may receive Medicaid, FHPlus or CHPlus A.
The S visa status is given to aliens who assist U.S. law
enforcement to investigate and prosecute
crimes and terrorist
activities. S visa holders are allowed to adjust status to
permanent resident under Section 245(j) of the Immigration and
Nationality Act.
The U visa status is given to aliens who are victims and/or
witnesses of certain crimes who are assisting an investigation or
prosecution. This status allows the nonimmigrant to remain in
the U.S. and to work. After three years in this status, a U
status holder can apply to adjust their status.
With respect to the U visa status, the USCIS has directed that
individuals who satisfactorily demonstrate to USCIS that they are
eligible for a U visa are to be granted Deferred Action status.
As such, holders of U visas are to be considered PRUCOL and, if
otherwise eligible, may receive Medicaid, FHPlus or CHPlus A.
c. Immigrants granted temporary protected status:
•
These immigrants are treated as PRUCOL for purposes of their
eligibility for Medicaid, FHP or CHPlus A. “Temporary protected
status” is a temporary immigration status granted under federal
law at 8 U.S.C. 1254a to immigrants who are physically present in
the United States and who are from certain countries designated
by the U.S. Attorney General as unsafe to accept their return
because of ongoing environmental disasters or other extraordinary
and temporary conditions. Currently,
the following countries have
TPS designation Angola, Burundi, El Salvador, Honduras, Liberia,
Montserrat, Nicaragua, Sierra Leone, Somalia, and Sudan. [A list