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Effective: April 1, 2008 |
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11.30.05ar2 - Other Lawfully Residing Noncitizens (Archive) |
Archived: July 1, 2008 |
The following noncitizens are lawfully residing in the U.S. on a temporary basis. See Status Adjustment and Adjustment Requirements for Other Lawfully Residing Noncitizens for information about adjustment of these temporary statuses.
Status Descriptions and Verification Requirements.
Status Descriptions and Verification Requirements
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:
n Receipt or notice showing filing form I-589, Application for Asylum and Withholding.
n Copy of form I-765, Application for Employment Authorization, or receipt from USCIS indicating filing of application.
n Form I-766, Employment Authorization Document (EAD); or form I-688B, Employment Authorization Card.
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:
n Form I-797 indicating a notice of action for Deferred Action.
n Copy of form I-765 or receipt from USCIS indicating filing of application.
n Forms I-766 or I-688B.
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:
n Copy of form I-765 or receipt from USCIS indicating filing of application.
n Forms I-766 or I-688B.
n Any verification from the immigration authorities or other authoritative documents 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:
n Form I-797, Notice of Action showing approval of I-817, Application for Family Unity.
n Copy of form I-765 or receipt from USCIS indicating filing of application.
n Forms I-766 or I-688B.
n Any verification from the immigration authorities or other authoritative documents 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).
n Form I-688, Temporary Resident Card.
n Copy of form I-765 or receipt from USCIS indicating filing of application.
n Forms I-766 or I-688B.
n Any verification from the immigration authorities or other authoritative documents indicating LTR status.
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 verification 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 Copy of form I-765 or receipt from USCIS indicating filing of application.
n Forms 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:
n Copy of form I-765 or receipt from USCIS indicating filing of application.
n Forms I-766 or I-688B.
n Any verification from the immigration authorities or other authoritative documents 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 Adjustment Requirements for Other Lawfully Residing Noncitizens for specific information for each status.
If these noncitizens are not eligible for Medical Assistance (MA) or MinnesotaCare, they may be eligible for General Assistance Medical Care (GAMC).