Module Four Part A PRUCOL Aliens NonImmigrants and

Module Four: Part A PRUCOL Aliens, Non-Immigrants, and Undocumented Aliens Adapted from © from 2012©The Research Foundation for SUNY/BSC/CDHS Adapted 2012 The Research Foundation for SUNY/BSC/CDHS

Module Four • PRUCOL Alien categories • Who they are • Documents that verify their status • Systems entries • Non-immigrants • Who they are • Documents to verify their status • Systems entries Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 2

Module Four Undocumented Aliens • Who they are • Systems entries Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 3

PRUCOL: P= Permanently ► Residing in the U. S. with the intent to remain R= Residing ► Living in New York State (resident) U= Under C= Color O= of ► Some legal basis for being L= Law in the country Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 4

PRUCOL continued • People who are living in the United States with the federal immigration agencies’ knowledge and permission or acquiescence • The federal immigration agencies are not taking steps to deport the immigrant, at least for the time being • Two groups: • “knowledge and permission” • “knowledge and acquiescence” Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 5

Personal Responsibility and Work Opportunity Reconciliation Act of 1996 • Established new immigration categories • Qualified Aliens • Non-Qualified Aliens • Qualified Aliens were eligible for some public programs • Non-Qualified Aliens, including PRUCOL, were not eligible for some public programs • Established five year ban on application for some public programs for some groups. Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 6

Federal Five Year Ban • PRWORA identified certain categories of immigrants who were not eligible for federally funded public programs if they: • Entered the US on or after August 22, 1996 and • Until they have resided in the US while in a qualified alien status for five years • This is known as the “federal five year ban” Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 7

Aliessa v. Novello and Adamolekun v. Novello Court Cases • Restored Medicaid coverage to: • Lawful Permanent Residents who entered the US on or after August 22, 1996 • PRUCOLs regardless of when they entered the US • Since these groups are outside the federal legislation, they do not have federal financial funding for their medical costs under Medicaid while in the five year ban Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 8

Aliessa v. Novello and Adamolekun v. Novello Court Cases, con’t. • All NYS immigrants in satisfactory immigration status are eligible for Medicaid, if otherwise eligible • Medicaid is state funded during the first five years Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 9

Federal Funding • PRUCOL Aliens are not eligible for federal funding • Except pregnant women and children under 21 • This is true regardless of the amount of time they have lived in the US Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 10

PRUCOL Aliens • • • Persons paroled into the US for less than a year Persons under an Order of Supervision Persons granted an indefinite stay of deportation Persons granted an indefinite voluntary departure Persons “by the petition” of an immediate relative Persons who have applied for an adjustment of status to lawful permanent resident Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 11

PRUCOL Aliens, con’t. • Persons granted stays of deportation • Persons granted voluntary departure status under Section 242(b) • Persons granted deferred action status • Persons who entered and continuously resided in US before 1/1/72 • Persons granted suspension of deportation pursuant to Section 244 of INA; USCIS does not contemplate departure • Others living in US with knowledge and permission or acquiescence of USCIS and whose departure the USCIS does not contemplate enforcing Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 12

Persons Paroled into the US for Less Than a Year Non-citizens allowed to enter the US without being granted admission • “Parole” is for humanitarian reasons or for which there is a significant public benefit to allow entry Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 13

Persons Paroled into the US for Less Than a Year Humanitarian parole is used sparingly to bring someone who is otherwise inadmissible into the United States for a temporary period of time due to a compelling emergency. • To anyone applying for admission into the United States based on urgent humanitarian reasons or if there is a significant public benefit Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 14

Persons Paroled into the US for Less Than a Year • For a period of time that corresponds with the length of the emergency or humanitarian situation • Parolees must depart the United States before the expiration of their parole. • A request for re-parole must be approved by USCIS. • Parole does not grant any immigration benefits. Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 15

Documentation for Persons Paroled into the US for Less Than a Year Documents that verify this status include: • I-94 with annotation “Paroled Pursuant to Section 212(d)(5) of the INA or “parole” or “PIP” • I-766 annotated A 4 or C 11 Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 16

Systems Entries for Persons Paroled into the US for Less Than a Year Screen 2 • SSN Code: • N – State Benefit Eligible Alien or • 2 – SSN Applied For Screen 3 • ACI (Cit field): • T – Person Paroled into the US for Less than One Year • P – Pregnant woman and Children under 21 years of age Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 17

Systems Entries for Persons Paroled into the US for Less Than a Year State/Federal Charge code: • Code 67 – PRUCOL alien • Code 65 FFP – Eligible Pregnant PRUCOL 21 years of age or older • Code 66 FFP – PRUCOL child under 21 or a pregnant woman under 21 Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 18

Systems Entries for Persons Paroled into the US for Less Than a Year Screen 4: • AFA code: None • Alien Number: Enter number from documentation • DEC: enter date from document or enter DOS date if no DEC available • DOS: enter date when verified Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 19

Systems Entries for Persons Paroled into the US for Less Than a Year, con’t. Screen 5 • Coverage Code: 11 Legal alien – Full coverage Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 20

PRUCOL Aliens • • • Persons paroled into the US for less than a year Persons under an Order of Supervision Persons granted an indefinite stay of deportation Persons granted an indefinite voluntary departure Persons “by the petition” of an immediate relative Persons who have applied for an adjustment of status to lawful permanent resident Persons granted stays of deportation Persons granted voluntary departure status under Section 242(b) Persons granted deferred action status Persons who entered and continuously resided in US before 1/1/72 Persons granted suspension of deportation pursuant to Section 244 of INA; USCIS does not contemplate departure Others living in US with knowledge and permission or acquiescence of USCIS and whose departure the USCIS does not contemplate enforcing Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 21

Persons Under an Order of Supervision • Non-citizens who have been found deportable • Certain factors exist which make it unlikely that they will be deported • These immigrants must comply with an Order of Supervision Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 22

Documentation for Persons Under an Order of Supervision Documents that verify this status include: • I-94 annotated “Order of Supervision” • I-220 B Order of Supervision • I-766 annotated C 18 Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 23

PRUCOL Aliens • • • Persons paroled into the US for less than a year Persons under an Order of Supervision Persons granted an indefinite stay of deportation Persons granted an indefinite voluntary departure Persons “by the petition” of an immediate relative Persons who have applied for an adjustment of status to lawful permanent resident Persons granted stays of deportation Persons granted voluntary departure status under Section 242(b) Persons granted deferred action status Persons who entered and continuously resided in US before 1/1/72 Persons granted suspension of deportation pursuant to Section 244 of INA; USCIS does not contemplate departure Others living in US with knowledge and permission or acquiescence of USCIS and whose departure the USCIS does not contemplate enforcing Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 24

Persons Granted an Indefinite Stay of Deportation • Non-citizens who have been found deportable • The actual deportation has been deferred indefinitely • Usually for humanitarian purposes Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 25

Documentation for Persons Granted an Indefinite Stay of Deportation The documentation that verifies this status includes: • I-94 coded 106 “granted Indefinite Stay of Deportation” • Letter/order from the immigration agency, immigration judge, or a federal court granting indefinite stay of deportation. Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 26

PRUCOL Aliens • • • Persons paroled into the US for less than a year Persons under an Order of Supervision Persons granted an indefinite stay of deportation Persons granted an indefinite voluntary departure Persons “by the petition” of an immediate relative Persons who have applied for an adjustment of status to lawful permanent resident Persons granted stays of deportation Persons granted voluntary departure status under Section 242(b) Persons granted deferred action status Persons who entered and continuously resided in US before 1/1/72 Persons granted suspension of deportation pursuant to Section 244 of INA; USCIS does not contemplate departure Others living in US with knowledge and permission or acquiescence of USCIS and whose departure the USCIS does not contemplate enforcing Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 27

Persons Granted Indefinite Voluntary Departure • Status granted before April 1997 • Non-citizens who have been found deportable • Departure deferred indefinitely due to humanitarian reasons Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 28

Documentation for Persons Granted Indefinite Voluntary Departure Documentation for this immigration status: • I-94 or • Letter/order from the immigration agency or immigration judge granting voluntary departure for an indefinite time period Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 29

PRUCOL Aliens • • • Persons paroled into the US for less than a year Persons under an Order of Supervision Persons granted an indefinite stay of deportation Persons granted an indefinite voluntary departure Persons “by the petition” of an immediate relative Persons who have applied for an adjustment of status to lawful permanent resident Persons granted stays of deportation Persons granted voluntary departure status under Section 242(b) Persons granted deferred action status Persons who entered and continuously resided in US before 1/1/72 Persons granted suspension of deportation pursuant to Section 244 of INA; USCIS does not contemplate departure Others living in US with knowledge and permission or acquiescence of USCIS and whose departure the USCIS does not contemplate enforcing Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 30

Persons “by the Petition” of an Immediate Relative • Non-citizens who are immediate relatives of a US citizen/Lawful Permanent Resident • Spouse, father, mother, or unmarried child under 21 • Who has filed an I-130 Relative Petition on their behalf Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 31

Documentation for Persons “by the Petition” of an Immediate Relative Documentation of this status includes: • I-94 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 an I-130 Relative Petition has been approved Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 32

PRUCOL Aliens • • • Persons paroled into the US for less than a year Persons under an Order of Supervision Persons granted an indefinite stay of deportation Persons granted an indefinite voluntary departure Persons “by the petition” of an immediate relative Persons who have applied for an adjustment of status to lawful permanent resident Persons granted stays of deportation Persons granted voluntary departure status under Section 242(b) Persons granted deferred action status Persons who entered and continuously resided in US before 1/1/72 Persons granted suspension of deportation pursuant to Section 244 of INA; USCIS does not contemplate departure Others living in US with knowledge and permission or acquiescence of USCIS and whose departure the USCIS does not contemplate enforcing Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 33

Persons Who Have Applied for an Adjustment of Status to Lawful Permanent Resident • Non-citizens who currently have a satisfactory immigration status (may be another PRUCOL category) • Have applied for an adjustment in status to Lawful Permanent Resident Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 34

Documentation for Persons Who Have Applied for an Adjustment of Status to Lawful Permanent Resident • I-94 or foreign passport with annotation of “adjustment application “ or “employment authorized during status as adjustment applicant” • I-766 annotated C 22 Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 35

PRUCOL Aliens • • • Persons paroled into the US for less than a year Persons under an Order of Supervision Persons granted an indefinite stay of deportation Persons granted an indefinite voluntary departure Persons “by the petition” of an immediate relative Persons who have applied for an adjustment of status to lawful permanent resident Persons granted stays of deportation Persons granted voluntary departure status under Section 242(b) Persons granted deferred action status Persons who entered and continuously resided in US before 1/1/72 Persons granted suspension of deportation pursuant to Section 244 of INA; USCIS does not contemplate departure Others living in US with knowledge and permission or acquiescence of USCIS and whose departure the USCIS does not contemplate enforcing Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 36

Persons Granted Stays of Deportation • Non-citizens who have been found deportable • USCIS may defer deportation for a specified period of time due to humanitarian reasons Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 37

Documentation for Persons Granted Stays of Deportation Documentation for this status includes: • I-94 Arrival/Departure Record • Letter/order from immigration agency, immigration judge or court granting stay of deportation Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 38

PRUCOL Aliens • • • Persons paroled into the US for less than a year Persons under an Order of Supervision Persons granted an indefinite stay of deportation Persons granted an indefinite voluntary departure Persons “by the petition” of an immediate relative Persons who have applied for an adjustment of status to lawful permanent resident Persons granted stays of deportation Persons granted voluntary departure status under Section 242(b) Persons granted deferred action status Persons who entered and continuously resided in US before 1/1/72 Persons granted suspension of deportation pursuant to Section 244 of INA; USCIS does not contemplate departure Others living in US with knowledge and permission or acquiescence of USCIS and whose departure the USCIS does not contemplate enforcing Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 39

Persons Granted Voluntary Departure Status under Section 242(b) of the INA • This Section has been repealed • Essentially affected non-citizens who had a removal order or order of deportation but who were granted a deferral of the action Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 40

Documentation for Persons Granted Voluntary Departure Status Under Section 242(b) Documentation for this status includes: • I-797 Notice or form showing grant of extended voluntary departure • I-766 coded A 11 Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 41

PRUCOL Aliens • • • Persons paroled into the US for less than a year Persons under an Order of Supervision Persons granted an indefinite stay of deportation Persons granted an indefinite voluntary departure Persons “by the petition” of an immediate relative Persons who have applied for an adjustment of status to lawful permanent resident Persons granted stays of deportation Persons granted voluntary departure status under Section 242(b) Persons granted deferred action status Persons who entered and continuously resided in US before 1/1/72 Persons granted suspension of deportation pursuant to Section 244 of INA; USCIS does not contemplate departure Others living in US with knowledge and permission or acquiescence of USCIS and whose departure the USCIS does not contemplate enforcing Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 42

Persons Granted Deferred Action Status • Deferred Action Status is a situation where the USCIS is considering either a change of status or reviewing the non-citizen’s circumstances • While this decision is being made, the immigrant is granted a deferred action status Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 43

Documentation for Persons Granted Deferred Action Status Documentation for this status includes: • I-797 Notice or any document from USCIS granting deferred status • I-766 coded C 14 Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 44

PRUCOL Aliens • • • Persons paroled into the US for less than a year Persons under an Order of Supervision Persons granted an indefinite stay of deportation Persons granted an indefinite voluntary departure Persons “by the petition” of an immediate relative Persons who have applied for an adjustment of status to lawful permanent resident Persons granted stays of deportation Persons granted voluntary departure status under Section 242(b) Persons granted deferred action status Persons who entered and continuously resided in US before 1/1/72 Persons granted suspension of deportation pursuant to Section 244 of INA; USCIS does not contemplate departure Others living in US with knowledge and permission or acquiescence of USCIS and whose departure the USCIS does not contemplate enforcing Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 45

Persons Who Entered and Continuously Resided in the US Before 1/1/72 • Result of “Immigration Amnesty Law” • Allows persons who entered the US before 1/1/72 and have lived in the US since that time to apply for Lawful Permanent Resident status • Must apply for “registry” and document entry and residence Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 46

Documentation for Persons Who Entered and Continuously Resided in the US Before 1/1/72 Documentation for this status includes: • Any documentary proof establishing entry and continuous residence • I-797 or letter or notice from the USCIS or court indicating registry application is pending Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 47

PRUCOL Aliens • • • Persons paroled into the US for less than a year Persons under an Order of Supervision Persons granted an indefinite stay of deportation Persons granted an indefinite voluntary departure Persons “by the petition” of an immediate relative Persons who have applied for an adjustment of status to lawful permanent resident Persons granted stays of deportation Persons granted voluntary departure status under Section 242(b) Persons granted deferred action status Persons who entered and continuously resided in US before 1/1/72 Persons granted suspension of deportation pursuant to Section 244 of INA; USCIS does not contemplate departure Others living in US with knowledge and permission or acquiescence of USCIS and whose departure the USCIS does not contemplate enforcing Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 48

Persons Granted Suspension of Deportation Pursuant to Section 244 of INA These immigrants are non-citizens who have been found by the USCIS to be deportable • They have met a period of continuous residence and • Have filed an application for the USCIS to suspend deportation • This petition has been granted Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 49

Persons Granted Suspension of Deportation Pursuant to Section 244 of the INA Documentation of this category includes: • I-797 or a letter or notice from an immigration judge or court AND • I-94 showing suspension of deportation granted Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 50

Systems Entries for Persons Granted Suspension of Deportation Pursuant to Section 244 of INA Screen 4: • AFA code: None • Alien Number: Enter number from documentation • DEC: enter date from document or enter DOS date if no DEC available • DOS: enter date when verified Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 51

Systems Entries for Persons Granted Suspension of Deportation Pursuant to Section 244 of INA, con’t. Screen 5 • Coverage Code: 11 Legal alien – Full coverage Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 52

Systems Entries for Most PRUCOL Categories Screen 2 • SSN Code: • N – State Benefit Eligible Alien or • 2 – SSN Applied For Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 53

Systems Entries for Most PRUCOL Categories Screen 3 • ACI (Cit field): • “O” – PRUCOL eligible for MA/FHP/CHPlus • “P” – Pregnant woman and children under 21 years of age • *Persons paroled into the US for less than one year, have different systems entries Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 54

State/Federal Charge Codes for These Groups State/Federal Charge code: • Code 67 – PRUCOL • Code 65 FFP – eligible Pregnant PRUCOL 21 years of age or older • Code 66 FFP – PRUCOL child under 21 or a pregnant PRUCOL under 21 Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 55

PRUCOL Aliens • • • Persons paroled into the US for less than a year Persons under an Order of Supervision Persons granted an indefinite stay of deportation Persons granted an indefinite voluntary departure Persons “by the petition” of an immediate relative Persons who have applied for an adjustment of status to lawful permanent resident Persons granted stays of deportation Persons granted voluntary departure status under Section 242(b) Persons granted deferred action status Persons who entered and continuously resided in US before 1/1/72 Persons granted suspension of deportation pursuant to Section 244 of INA; USCIS does not contemplate departure Others living in US with knowledge and permission or acquiescence of USCIS and whose departure the USCIS does not contemplate enforcing Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 56

Others Living in the US with Knowledge and Permission or Acquiescence of USCIS • This category includes any non-citizen who can document/verify that the USCIS knows that the immigrant is residing in the US AND • Can document/verify that the USCIS has either granted them permission to remain in the US or has knowledge of their presence (acquiescence) Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 57

Others Living in the US with Knowledge and Permission or Acquiescence of USCIS • Applicants for adjustment of status to LPR, asylum, suspension of deportation, cancellation of removal, or requesting deferred action • Persons granted Deferred Enforced Departure due to conditions in their home country • Permanent non-immigrants pursuant to PL 99 -239 that applies to citizens of Micronesia and the Marshall Islands Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 58

Others Living in the US with Knowledge and Permission or Acquiescence of USCIS Persons granted or who have applied for Temporary Protected Status • Granted to citizens of countries where: • There is an ongoing armed conflict where return of nationals to that state would pose a serious threat to their personal safety; • An environmental disaster has occurred resulting in a substantial, temporary disruption of living conditions, and the state has requested TPS designation; • Extraordinary and temporary conditions exist that prevent nationals from returning safely Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 59

Others Living in the US with Knowledge and Permission or Acquiescence of USCIS, con’t. Granted for 6 -18 months, then reviewed to assess if the national can be safely returned to their native country Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 60

Others Living in the US with Knowledge and Permission or Acquiescence of USCIS Visas for Special Non-Immigrants (Category 4 in Desk Aid) • K – Spouses, fiancées, and children of US citizens • N – Parents or children of Special immigrants • R – Religious Workers and their children • S – For informants and their children providing critical information about a criminal organization or terrorism Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 61

Others in US with Knowledge and Permission or Acquiescence of USCIS Visas for Special Non-Immigrants, con’t. • T – Victims of Severe Form of Human Trafficking • U – Victims of certain criminal activities and their family including parents • V – Spouses and children of Lawful Permanent Residents • There are other groups of immigrants that may fall into this category Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 62

Documentation for Others Living in the US with Knowledge and Permission or Acquiescence of USCIS • I-94 coded K 1, K 2, K 3, K 4, N 8, N 9, R 1, R 2, S, T, U, V 1, V 2, or V 3 • I-766 annotated C 9, C 8, C 10, A 11, A 8, A 12, C 19, A 13, A 15, C 21, or C 24 • I-797 indicating the USCIS has received an application, petition, or request for change of status Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 63

Documentation for Others Living in the US with Knowledge and Permission or Acquiescence of USCIS Postal Return Receipt addressed to the federal immigration agency or copy of canceled check to a federal immigration agency AND copy of an application, petition, or request submitted to the federal immigration agency Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 64

Systems Entries for Others Living in the US with Knowledge and Permission or Acquiescence of USCIS Systems entries for this group are the same as the other PRUCOL groups we just discussed with one difference; • There is no federal financial participation for individuals who are male, non-pregnant, or children over 21 in this category Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 65

Systems Entries for Others Living in the US with Knowledge and Permission or Acquiescence of USCIS State/federal Charge Codes are: • 65 – FFP Eligible Pregnant PRUCOL – 21 years of age or older • 66 - FFP PRUCOL Child under 21 or a Pregnant PRUCOL under age 21 • 67 - PRUCOL Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 66

Non-Immigrants Category 4 in Desk Aid • Temporary Non-immigrants • Special Non-immigrants Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 67

Temporary Non-immigrants • Lawfully admitted to US • Will stay in US temporarily or for a specific time period • Issued a visa by US Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 68

Temporary Non-Immigrants • • • • Foreign Government representatives on official business (A) Visitors for business or pleasure (B-1 or B-2) Crewmember on shore leave (D) Treaty Traders and investors (E) Foreign Students (F) Representatives of international organizations (G) Temporary workers (including agricultural workers) (H) Members of the foreign press (I) Exchange visitors (J) Intra-company transferees (L) Parents or Children of Certain Special Non-Immigrants (N) Persons with extraordinary ability or achievement (O) Artists, entertainers, and athletes (P) Cultural exchange visitors (Q) Religious workers (R) Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 69

Documentation for Temporary Non-Immigrants • I-94 or foreign passport stamped with nonimmigrant code • I-185 – Canadian Border Crossing Card or a B-1/B-2 Visa/Border Crossing Card • I-586 – Mexican Border Crossing Card • I-444 – Mexican Border Visitor’s Permit • I-95 A – Crewman’s Landing Permit • I-766 – Employment Authorization Document Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 70

Medicaid for Temporary Non-Immigrants • Many Temporary Non-Immigrants do not qualify for Medicaid because they have not established residency in New York State. • Some. Temporary Non-Immigrants are only eligible for emergency Medicaid • Federal funding is available for these cases • Temporary Non-Immigrants are not required to apply for an SSN Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 71

Systems Entries for Temporary Non-Immigrants • ACI – E • No entries are needed for Date of Entry (DOE), Date of Status (DOS) or State/Federal Charge fields Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 72

Special Non-Immigrants Individuals who enter the US lawfully for a specific reason, often humanitarian • Certain groups of special nonimmigrants are allowed to work in the US • Some special Non-Immigrants may eventually apply to adjust their status to a Lawful Permanent Resident Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 73

Documentation for Special Non -Immigrants • I-94 – Arrival/Departure Record coded K 3, K 4, V 1, V 2, V 3, N, R, S, U , or T • I-797 indicating the USCIS has received, taken action on or approved an application or petition • Postal Return Receipt addressed to the USCIC or copy of a cancelled check to the USCIS and a copy of the enclosed documents submitted to the USCIS • Correspondence to or from USCIS showing that the person is living in the US with the knowledge and permission or knowledge and acquiescence of the USCIS and the USCIS does not contemplate enforcing the person’s departure from the US at least for the time being. Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 74

Special Non-Immigrants are those with the following codes on their documents: • K – Dependants of US citizens • N - Parents or Children of Certain Special non-Immigrants • R – Religious workers and their dependents • S – Informants of criminal or terrorist organizations (called the “snitch visa”) • T – Victims of Trafficking • U – Certain crime victims • V – Dependents of LPR Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 75

Special Non-Immigrants Medicaid PRUCOL – eligible for Medicaid NOTE: PRUCOL Non-immigrants must apply for an SSN Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 76

Special Non-Immigrants Systems Entries • ACI – O • DOS/DEC – enter appropriate dates from documentation • State/Federal Charge Code of 67 NOTE: Unless pregnant, PRUCOL non- immigrants must apply for an SSN Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 77

Victims of Trafficking (T visas) Category 4 in Desk Aid • Considered refugees • May have a letter from the Office of Refugee Resettlement • May receive Refugee Medicaid • Coding: • ACI – D (upstate); ACI – R (NYC) • DOS/DEC – appropriate dates from documentation • No State/Federal Charge code Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 78

Undocumented Aliens Do not have the permission to remain in the US • May have entered the US lawfully but violated their term of status. • May have entered the US unlawfully and have not received permission to remain Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 79

Documentation for Undocumented Aliens • Many undocumented aliens simply have no documents • If the individual entered the US lawfully, they should have some documentation to verify this. • If the immigrant is undocumented this verification may have expired. Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 80

Undocumented Aliens and Medicaid • Adults (21+ years of age) and children age 20 • Emergency Medicaid only • Systems coding: ACI – E. • All other immigration systems fields are blank • No SSN application • Children (up to 19 years of age) • May be eligible for CHPlus Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 81

Undocumented Aliens and Medicaid, cont’d • Physician no longer required to complete the DOH-4471 “Certification of an Emergency Medical Condition”; • Individuals may apply without an existing emergency medical condition • 12 -Month Authorization Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 82

Undocumented Aliens and Medicaid, cont’d Only eligible for Medicaid for treatment of an emergency medical condition if: • A medical condition (including emergency labor and delivery) manifesting itself by symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could reasonably be expected to result in: • Placing the patient’s health in serious jeopardy; • Serious impairment to bodily functions; or • Serious dysfunction of any bodily organ or part. Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 83

Undocumented Aliens and Medicaid, cont’d • This definition must be met at the time medical service is provided, or it is not considered to be an emergency medical condition. • Not all services that are medically necessary meet the federal definition of emergency medical condition. Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 84

Undocumented Aliens and Medicaid, cont’d Emergency medical conditions do not include debilitating conditions (e. g. , heart disease, or other medical conditions requiring rehabilitation) resulting from the initial event which later requires ongoing regimented care. Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 85

Undocumented Aliens and Medicaid, cont’d The potentially fatal consequence of discontinuing Medicaid coverage of ongoing care, even if such care is medically necessary, does not transform the condition into an emergency medical condition. Adapted from © 2012 The Research Foundation for SUNY/BSC/CDHS 86

Questions? • Re-play module • Review training materials Adapted from © © 2012 The Research Foundation for SUNY/BSC/CDHS 87 87