Prucol
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Permanent Residence Under Color of Law (PRUCOL) is not recognized as an immigration status by the U.S. Citizenship and Immigration Services (USCIS); this category was created by the courts and is a public benefits eligibility category. For a person to be residing "under color of law," the USCIS must know of the person’s presence in the U.S., and must provide the person with written assurance that enforcement of deportation is not planned. A person residing under PRUCOL status cannot directly apply for U.S. citizenship or sponsor family members to obtain U.S. Citizenship. A person from any country, who resides in the United States without current legal immigration status including, but not limited to, citizenship, permanent residency, unexpired immigrant visa, is an undocumented person. Though they are not U.S. citizens, they are considered to have the same rights as U.S. citizens ‘for welfare eligibility purposes’.
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[edit] Legal status
Under what came to be known as the "PRUCOL" doctrine, expounded by the United States Court of Appeals for the Second Circuit in Holley v. Lavine, even an alien who was unquestionably present in the United States contrary to law could be PRUCOL. In the statutes defining eligibility criteria for federal benefits the U.S. Congress provided for payment of benefits, not only to lawful immigrants, but to aliens "permanently residing under color of law." Thus, if the USCIS is aware of the alien's unlawful presence, but was not actively pursuing his or her deportation, the alien is eligible for benefits. Under this doctrine aliens with no legal right to remain in the United States are nevertheless eligible for public assistance.
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 ("PRWORA") basically abolished the PRUCOL Doctrine by creating a new statutory definition of "qualified alien." It is true that the expression "permanently residing under color of law" remains in many Federal, State and City statutes and regulations; but, with a few exceptions clearly specified by statute, an alien "who is not a qualified alien is not eligible for any Federal public benefit." Congress has also made aliens ineligible for many public benefits available under State and local law.
[edit] Children benefits
Section 153 of the Federal Immigration Act of 1990 provides Special Immigrant Status to undocumented children who are dependents of the juvenile court and deemed eligible for long-term foster care and for whom the court has declared that it is not in the child’s best interest to be returned to their country of origin. Special Immigrant Status is a grant of lawful permanent resident status. Sometimes children under PRUCOL status a wrongly referred to as [anchor babies]. The confusion stems from the fact that, because children born in the U.S. of illegal parents are U.S. citizens; once they become adults they could petition for their parents to gain legal status. The person under PRUCOL status is the parent, not the baby.
[edit] Categories
In general persons attain PRUCOL status by reason of a court decision of “stay of deportation”. In many cases it is left to the individual city or state benefits agency to decide if a person has this status. For additional information on one Agency’s definition of PRUCOL see Office of the New York City Mayor, Public Health Insurance Options [1]
[edit] Florida Homestead Exemption - PRUCOL Application
Under Florida law, only U.S. citizens, permanent resident aliens, or a someone holding PRUCOL status is eligible for a Homestead Exemption. A person in the U.S. with asylum or parole refugee status is considered PRUCOL. If you have completed the I-485 status adjustment application process to become a U.S. permanent resident, please contact us to review your documentation to see if you may also be eligible for PRUCOL status. A person in the US under an E-, F-, H-, J-, L-, M-, N-, O-, P-, TC- or R-class visa is NOT eligible for Homestead, pursuant to Rule 12D-7.007(3), Florida Administrative Code, as they are all deemed "temporary" visas. A person in the U.S. under "Temporary Protected Status" is also not eligible. This is true under Florida law no matter how long you have owned your home and lived/worked in Florida -- and regardless of how many times you are legally able to renew your visa. [2]
[edit] References
Michael J. Sheridan, Creighton Law Review, May, 1998 Annual Survey of the United States Supreme Court and Federal Law THE NEW AFFIDAVIT OF SUPPORT AND OTHER 1996 AMENDMENTS TO IMMIGRATION AND WELFARE PROVISIONS DESIGNED TO PREVENT ALIENS FROM BECOMING PUBLIC CHARGES [3]
Los Angeles County Department of Children and Family Services, Child Welfare Services Handbook [4]
Department of Labor, "UNEMPLOYMENT INSURANCE PROGRAM LETTER NO. 01-86, Change 1" (2/16/89) [5]
