Citizenship and Alien Status Requirements for the Medicaid Program

Date:  October 26, 2004 

 

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F. PERSONS PERMANENTLY RESIDING UNDER COLOR OF LAW (PRUCOL) 

 

Persons permanently residing in the United States under color of 

law (PRUCOL) are eligible for Medicaid, Family Health Plus 

(FHPlus) and Child Health Plus A (CHPlus A) provided they meet 

all other eligibility requirements. There is no Federal Financial 

Participation for this group.  This means the federal government 

will not pay a share of their Medicaid costs.  The shares are 

generally split  

50% State/50% local. 

 

Immigrants who are PRUCOL for Medicaid eligibility purposes are 

any persons who are permanently residing in the United States 

with the knowledge and permission or acquiescence of the United 

States Citizenship and Immigration Services (USCIS) and whose 

departure from the United States the USCIS does not contemplate 

enforcing.  

 

An immigrant is considered as one whose departure the USCIS does 

not contemplate enforcing if, based on all the facts and 

circumstances of the particular case, it appears that the USCIS 

is otherwise permitting the immigrant to reside in the United 

States indefinitely or it is the policy or practice of the USCIS 

not to enforce the departure of immigrants in a particular 

category. 

 

Prior to August 22, 1996, immigrants who were considered PRUCOL 

were eligible for a number of federal programs, including 

Medicaid, SSI, and Aid to Families with Dependent Children 

(AFDC).  The term is now used for Unemployment Insurance purposes 

and also by a number of States in determining eligibility for 

state funded programs such as FNP Medicaid.  The term also has 

been defined in decisions of federal and state courts, and the 

number and types of statuses that may be considered PRUCOL vary 

from state to state, benefit program to benefit program.   

 

There are several categories of PRUCOL immigrants.  These 

categories are listed below and are also set forth in several 

attachments to this directive including Attachments B-1, B-2, 

entitled “Documentation Guide for PRUCOL Alien Categories,” and 

D-1, entitled “Documentation Guide Immigrant Eligibility for 

Health Coverage in New York State.”   

 

All immigrants who establish their status as PRUCOL under any of 

these categories are eligible for Medicaid, Family Health Plus 

and Child Health Plus A, provided they meet such programs’ other 

eligibility requirements.   

 

In New York State, for the purposes of Medicaid eligibility, the 

following statuses are considered PRUCOL: 

a) Persons paroled into the U.S. pursuant to Section 212(d)(5) 

of the INA showing status for less than one year, except 

Cuban/Haitian entrants; 

b) Persons residing in the U.S. pursuant to an Order of 

Supervision; 

c) Persons residing in the U.S. pursuant to an indefinite stay 

of deportation; 

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Date:  October 26, 2004 

 

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d) Persons residing in the U.S. pursuant to an indefinite 

voluntary departure; 

e) Persons on whose behalf an immediate relative petition has 

been approved and their families covered by the petition, 

who are entitled to voluntary departure, but whose 

departure the USCIS does not contemplate enforcing; 

f) Persons who have filed applications for adjustment of 

status pursuant to Section 245 of the INA that USCIS 

considers “properly filed” or granted and whose departure 

the USCIS does not contemplate enforcing; 

g) Persons granted stays of deportation by court order, 

statute, or regulation, or individual determination by 

USCIS pursuant to Section 243 of the INA and whose 

departure the USCIS does not contemplate enforcing; 

h) Persons granted voluntary departure pursuant to Section 242 

(b) of the INA;  

i) Persons granted deferred action status pursuant to USCIS 

operating instructions; 

j) Persons who entered and have continuously resided in the 

U.S. since before 1/01/72; 

k) Persons granted suspension of deportation pursuant to 

Section 244 of the INA; USCIS does not contemplate 

enforcing the departure; and 

l) Other persons living in the United States with the 

knowledge and permission or acquiescence of the USCIS and 

whose departure the USCIS does not contemplate enforcing.  

Examples include but are not limited to, the following: 

•

 

Permanent non-immigrants pursuant to Public Law 99-

239 (applicable to Citizens of the Federated States 

of Micronesia and Marshall Islands); 

•

 

Applicants for adjustment of status, asylum, 

suspension of deportation or cancellation of removal, 

or deferred action; 

•

 

Persons granted extended voluntary departure, or 

Deferred Enforced Departure (DED) for a specified 

time due to conditions in their home country; 

•

 

Persons granted Temporary Protected Status; and 

•

 

Persons having a “K”, “V”, “S” or “U” visa. 

 

G. VERIFICATION OF PRUCOL STATUS 

 

The Medicaid eligibility worker must understand that the USCIS 

does not determine whether an immigrant is PRUCOL.  To the 

contrary, the eligibility worker must determine whether the 

immigrant is PRUCOL by reviewing the documentation and other 

information that the immigrant presents to establish that he or 

she is PRUCOL. 

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