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Effective: December 1, 2006 |
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11.30.05ar1 - Other Lawfully Residing Noncitizens (Archive) |
Archived: April 1, 2008 |
The following noncitizens are lawfully residing in the U.S. on a temporary basis.
l Applicants for asylum and for withholding of removal are allowed to remain in the U.S. with employment authorized while their applications for asylee status are pending with U.S. Citizenship and Immigration Services (USCIS). Acceptable forms of verification include form I-766 or I-688B and I-94 indicating the person is an applicant for asylum.
l Deferred action status is granted by USCIS or an immigration judge. Deferred action means the USCIS will not initiate removal proceedings against the person. This status may be granted to a self-petitioning battered spouse or child. See Battered Noncitizens. Acceptable forms of verification include form I-797 indicating a notice of Deferred Action.
l Deferred enforced departure status is granted by executive authorization of the President. People with this status are authorized to remain in the U.S. with employment authorization. Acceptable forms of verification include form I-766 or I-688B and I-94 indicating Deferred Enforced Departure status.
l Family Unity Beneficiary status provides protection from deportation and employment authorization to the spouses and children of noncitizens who obtained legal status under the Immigration Reform and Control Act of 1986 (IRCA). Acceptable forms of verification include form I-797, I-766 or I-688B, and I-94 indicating Family Unity status.
l Lawful Temporary Residents (LTRs) are people who had resided in the U.S. unlawfully since before January 1, 1982 who were allowed to legalize their status. Acceptable forms of verification include form I-766 or I-688B and I-688 (Temporary Resident Card).
l Individuals paroled for less than one year have been granted authorization to remain in the U.S. for emergency reasons such as to receive medical care or other reasons in the public interest. This status is granted by the Secretary of Homeland Security. Acceptable forms of documentation include:
n Form I-94 with a stamp displaying a grant of parole under Section 212(d)(5) of the INA. The I-94 may be stamped "PIP" or "HP."
n Form I-766 or I-688B.
n Form I-512 Parole Authorization annotated with the reason parole was granted under section 8 CFR.
l Certain people with pending immigration status are considered to be lawfully residing in the United States while their applications are still being processed. This includes:
n The spouse or child of a United States citizen whose visa petition has been approved and who has a pending application for adjustment of status to LPR.
n An applicant for adjustment of status to LPR under the ”r;registry” provisions of immigration laws (Section 249 of the INA).
l People with Temporary Protected Status (TPS) are living in the U.S. and are from certain designated countries where unsafe conditions would make it a hardship for them to return. They are authorized to remain in the U.S. for a specified period of time. Acceptable forms of verification include form I-766 or I-688B or I-94 indicating Temporary Protected Status.
Other lawfully residing noncitizens are potentially eligible for state-funded health care coverage (state-funded Medical Assistance - program NM - or MinnesotaCare programs KK, JJ, or BB).
These noncitizens are lawful residents in the U.S. However, because they do not have a status that qualifies for federally funded health care, they must cooperate with USCIS in efforts to obtain a qualified status or pursue U.S. citizenship. The USCIS application process and type of documentation required will vary according to the person’s status. Close adults who fail to cooperate. See Changes in Immigration Status.
See the description for each status above.
If these noncitizens are not eligible for Medical Assistance (MA) or MinnesotaCare, they may be eligible for General Assistance Medical Care (GAMC).