Purpose: This section provides basic definitions of various citizen and immigrant statuses relevant for determining eligibility for federal and state programs. The definitions are listed in alphabetical order.
WAC 388-424-0001 Citizenship and alien status - Definitions
“American Indians” born outside the United States. American Indians born outside the U.S. are eligible for benefits without regard to immigration status or date of entry if:
They were born in Canada and are of fifty percent American Indian blood (but need not belong to a federally recognized tribe); or
They are members of a federally recognized Indian tribe or Alaskan Native village or corporation.
"Hmong or Highland Lao." These are members of a Hmong or Highland Laotian tribe, which rendered military assistance to the U.S. during the Vietnam era (August 5, 1964 to May 7, 1975), and are"lawfully present" in the United States. This category also includes the spouse (including un-remarried widow or widower) or unmarried dependent child of such tribe members.
"Nonimmigrants." These individuals are allowed to enter the U.S. for a specific purpose, usually for a limited time. Examples include:
Business visitors,
Students,
Tourists.
"PRUCOL" (Permanently residing under color of law) aliens. These are individuals who:
Are not "qualified aliens" as described below; and
Intend to reside indefinitely in the U.S.; and
United States Citizenship and Immigration Services or USCIS (formerly the Immigration and Naturalization Service or INS) knows are residing in the U.S. and is not taking steps to enforce their departure.
"Special immigrants from Iraq and Afghanistan." According to federal law, special immigrants are Iraqi and Afghan aliens granted special immigrant status under section 101 (a) (27) of the Immigration and Nationality Act (INA).
"Qualified aliens." Federal law defines the following groups as "qualified aliens." All those not listed below are considered "nonqualified:"
Abused spouses or children, parents of abused children, or children of abused spouses, who have either:
A pending or approved I-130 petition or application to immigrate as an immediate relative of a U.S. citizen or as the spouse or unmarried child under age 21 of a Lawful Permanent Resident (LPR) - see definition of LPR below; or
A notice of "prima facie" approval of a pending self-petition under the Violence Against Women Act (VAWA); or
Proof of a pending application for suspension of deportation or cancellation of removal under VAWA; and
The alien no longer resides with the person who committed the abuse.
Children of an abused spouse do not need their own separate pending or approved petition but are included in their parent’s petition if it was filed before they turned age 21. Children of abused persons who meet the conditions above retain their "qualified alien" status even after they turn age 21.
An abused person who has initiated a self petition under VAWA but has not received notice of"prima facie" approval is not a "qualified alien" but is considered PRUCOL. An abused person who continues to reside with the person who committed the domestic violence is also PRUCOL. For a definition ofPRUCOL, see above.
Amerasians who were born to U.S. citizen armed services members in Southeast Asia during the Vietnam war.
Individuals who have been granted asylum under Section 208 of the Immigration and Nationality Act (INA).
Individuals who were admitted to the U.S. as conditional entrants under Section 203 (a)(7) of the INA prior to April 1, 1980.
Cuban/Haitian entrants. These are nationals of Cuba or Haiti who were paroled into the U.S. or given other special status.
Individuals who are lawful permanent residents (LPRs) under the INA.
Persons who have been grantedparole into the U.S. for at least a period of one year (or indefinitely) under Section 212(d)(5) of the INA, including "public interest" parolees.
Individuals who are admitted to the U.S. as refugees under Section 207 of the INA.
Persons granted withholding of deportation or removal under Sections 243(h) (dated 1995) or 241(b)(3) (dated 2003) of the INA.
The following individuals are considered to be citizens of the U.S.:
Persons born in the U.S. or its territories (Guam, Puerto Rico, and the U.S. Virgin Islands; also residents of the Northern Mariana Islands who elected to become U.S. citizens); or
Legal immigrants who have naturalized after immigrating to the U.S.
Persons born abroad to at least one U.S. citizen parent may be U.S. citizens under certain conditions.
Individuals under the age of eighteen automatically become citizens when they meet the following three conditions on or after February 27, 2001:
The child is a lawful permanent resident (LPR);
At least one of the parents is a U.S. citizen by birth or naturalization; and
The child resides in the U.S. in the legal and physical custody of the citizen parent.
For those individuals who turned eighteen before February 27, 2001, the child would automatically be a citizen if still under eighteen when he or she began lawful permanent residence in the U.S. and both parents had naturalized. Such a child could have derived citizenship when only one parent had naturalized if the other parent were dead, a U.S. citizen by birth, or the parents were legally separated and the naturalizing parent had custody.
"U.S. nationals." A U.S. national is a person who owes permanent allegiance to the U.S. and may enter and work in the U.S. without restriction. The following are the only persons classified as U.S. nationals:
Persons born in American Samoa or Swain's Island after December 24, 1952; and
Residents of the Northern Mariana Islands who did not elect to become U.S. citizens.
"Victims of trafficking." According to federal law, victims of trafficking have been subject to one of the following:
Sex trafficking, in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
Under federal law, persons who have been certified or approved as victims of trafficking by the federal Office of Refugee Resettlement (ORR) are to be treated the same as refugees in their eligibility for public assistance.
Immediate family members of victims are also eligible for public assistance benefits as refugees. Immediate family members are the spouse or child of a victim of any age and the parent or minor sibling if the victim is under 21 years old.
Consult the “Decision Trees” in Appendix I for an overview of citizenship and alien status eligibility rules.
Effective March 1, 2003 the former Immigration and Naturalization Service (INS) was incorporated into the new Department of Homeland Security. U.S. Citizenship and Immigration Services (USCIS) within Homeland Security is now responsible for much of the immigration policy that was previously handled by the INS. Other previous INS functions are now the responsibility of the Bureau of Immigration and Customs Enforcement (ICE), and the Bureau of Customs and Border Protection (CBP), also within the Department of Homeland Security.
Unfamiliar terms. The following terms have special meaning in the context of immigration law:
Affidavit of support – A form completed by the sponsor of a prospective immigrant as evidence that the immigrant is not likely to become a “public charge”, i.e. primarily dependent on public assistance. See WAC 388-450-0155 for an explanation of the different kinds of affidavits of support.
Lawfully present or lawfully residing – As used in this section, these terms refer to any non-citizen presently permitted to remain in the United States. Whereas PRUCOL (WAC 388-424-0001) indicates a more passive “not taking steps to deport” status (see below), “lawfully present” or “lawfully residing” suggest that USCIS has actively granted these immigrants permission to remain in the U.S.
Parole – This is the procedure by which USCIS allows a non-citizen to enter the U.S. without granting him or her “admission.” It is different from the use of term in the criminal justice system.
Prima facie – This is a legal term that means the evidence presented is sufficient to establish a case unless it is subsequently contested.
Qualified alien and Non-qualified alien – These terms used in federal immigration law do not by themselves indicate whether an immigrant is eligible for benefits. Both “qualified” and “non-qualified” (including PRUCOL and undocumented) aliens may be eligible for some benefits.
For Title XlX Medicaid programs, all U.S. citizens must verify citizenship and identity to receive or continue benefits.
For other programs when a client states they are a U.S. citizen (WAC 388-424-0001), take this declaration at face value. Do not routinely request proof of citizenship unless there is a specific and substantive reason to do so, such as an inconsistency in a client’s statements or in the information presented on their application for benefits. It is discriminatory and illegal to request proof of citizenship simply on the basis of appearance or speech. See VERIFICATION for guidance. For a list of typical citizenship documents and some sample documents, see Table 4, pages 54-57 in the National Immigration Law Center (NILC) Guide in Appendix II.
Automatic citizenship for persons under 18 is currently governed by the Child Citizenship Act of 2000, which went into effect on February 27, 2001. To acquire citizenship under the Act, persons must have met all the conditions in WAC 388-424-0001 on or after that date. The Act applies to children related to the citizen parent by birth or adoption only – stepchildren are not included unless also adopted. Once the terms of the Act have been met, subsequent changes in the parents’ marital status, such as separation or divorce, have no bearing on the child’s citizenship. Nor does it matter whether the parent in question was a U.S. citizen at the time the child entered the U.S.
It is also possible that a child or grandchild of a U.S. citizen who was born abroad may have acquired citizenship at birth. In such cases, citizenship may depend on which parent is a U.S. citizen, how long the citizen parent resided in the U.S., and whether the parents were married at the time. A person that might belong to this category should be referred to an immigration attorney for advice.
American Indians who are non-citizens. The term “American Indian” refers to tribes throughout North America, including Canadian tribes. See Worker Responsibilities #6 for help in documenting the status of non-citizen American Indians.
Canadian-born American Indians who are at least 50 percent American Indian blood are granted the right to move freely across the U.S.-Canadian border by Section 289 of the Immigration and Nationality Act (INA). This category does not include the spouse or child of such a person unless he or she also possesses 50 percent American Indian blood.
Canadian-born American Indians who are less than 50 percent American Indian blood are “lawfully present” if they have been continuously residing in the U.S. since prior to December 24, 1952. See WAC 388-424-0006 and related manual material for determining and documenting date of entry.
Section 4(e) of the Indian Self-determination and Education Assistance Act defines federally-recognized Indian tribes and Alaska Native villages and corporations.
Non-citizen cross-border Indians who do not meet the criteria in WAC 388-424-0001 or in (b) above can be considered PRUCOL.
Cuban/Haitian entrants include nationals of these countries who are in the U.S. under a variety of circumstances, including persons paroled on any basis, those involved in deportation proceedings, asylum applicants, those granted adjustment to lawful permanent resident (LPR) status under the Cuban Adjustment Act, the Nicaraguan Adjustment and Central American Relief Act, or the Haitian Refugee Immigration Fairness Act, or those granted “special status” under the Refugee Education Assistance Act.
Parolee is an alien who has been granted permission to enter the U.S. for urgent humanitarian reasons or significant public benefit. All parolees, with the exception of Cuban/Haitian Entrants, are qualified aliens but are not refugees. In exceptional circumstances, the person could be "Paroled as a Refugee under Section 212 (d) (5) INA" and this is stated on the I-94 Arrival/Departure form. These cases are extremely rare and it is unlikely, eligibility workers will encounter this type of document. Parolees are not eligible for RCA/RMA, TANF, Medicaid, or Basic Food Programs without the 5 year bar, unless they are:
Paroled as a refugee (must be stated on I-94)
Cuban/Haitian entrant
Entered US before 8/22/1996
Active military or veteran
Parolees could be eligible for benefits and services state in WAC 388-424-0006 (5) and WAC 388-424-0010 (4).
The Violence Against Women Act (VAWA) of 1994 allows spouses and children of U.S. citizens or lawful permanent residents, who have been battered or subjected to extreme mental cruelty, to file an I-360 self-petition and obtain immigration status without having to depend on their abusers. After a battered immigrant files a self-petition, they are issued a “Notice of Receipt” and then after about 4 weeks they receive a “Notice of Establishment of a Prima Facie Case.” A minimum of 9 months later, USCIS will issue an “Approval Notice” and a “Notice of Initial Grant of Deferred Action.” VAWA also allows immigrants who have been battered or subject to extreme mental cruelty and who are in deportation or removal proceedings, to apply for relief based on having been abused. Immigrants in this situation may be eligible for “Suspension of Deportation” or “Cancellation of Removal.”
An Employment Authorization Document(EAD) does not in itself confer immigration status. Immigrants with a variety of statuses may be issued an EAD. An expired EAD does not mean that a person’s immigration status has expired and should not in itself be a reason to deny benefits. See WorkerResponsibilities #13 for instructions on how to determine actual immigration status based on the information on an EAD.
There is not a specific definition for an alien who is considered ”Permanently residing under color of law” (PRUCOL) in immigration law, as PRUCOL is not a distinct immigration category. PRUCOL status is established when a “non-qualified” alien is permanently or indefinitely residing in the U.S. and USCIS is not taking steps to deport them. Aliens, such as applicants for political asylum or withholding of deportation, who have not yet received a final order, are considered PRUCOL. In most cases, PRUCOL clients can be identified by documentation that shows USCIS knows their whereabouts combined with the absence of documentation indicating deportation is in process. (For guidance on distinguishing between PRUCOL and undocumented immigrants, see Worker Responsibilities #4 below.)
Examples of PRUCOL aliens are listed below in alphabetical order. If you suspect an alien might be PRUCOL but cannot find their particular status or circumstance on this list, consider whether they meet the general definition of PRUCOL in WAC 388-424-0001:
Abused aliens who have self-petitioned under VAWA but not yet received a “Notice of Prima Facie” eligibility, as described in WAC 388-424-0001.
Abused aliens who are a relative of a U.S. citizen with an approved I-130 petition but not meeting the other requirements of battered immigrants, as described in WAC 388-424-0001.
Applicants for adjustment of status.
Applicants for asylum.
Applicants for cancellation of removal.
Applicants for suspension of deportation.
Applicants for withholding of deportation or removal.
Cancellation of removal granted. (Note: If a person is granted cancellation of removal based on having been abused they are a “qualified alien,” not PRUCOL.)
Deferred action granted. (Note: If a person is granted deferred action based on having an approved self-petition as an abused alien, they are a “qualified alien,” not PRUCOL.)
Deferred enforced departure granted.
Family Unity granted.
“K” status granted. “K,” “S,” “U,” or “V” statuses, designated on a person’s visa, allow holders to work and eventually to adjust to Lawful Permanent Resident (LPR) status.
Lawful temporary residents under the amnesty program of the Immigration Reform and Control Act (IRCA), including those admitted under Sections 210 (“special agricultural workers”) and 245A of the INA.
Citizens of the Marshall Islands. These individuals have special rights under Compacts of Free Association and are lawfully allowed to enter, reside, and work in the U.S. but are not U.S. Nationals.
Eligible to petition as special immigrant juveniles. These are juveniles who have been declared a “dependent of the state” and eligible for long-term foster care due to abuse, neglect, or abandonment.
Stay of deportation granted.
Stay of removal granted.
Suspension of deportation granted. (Note: If a person is granted suspension of deportation based on having been abused they are a “qualified alien,” not PRUCOL.)
Temporary protected status granted.
Voluntary departure granted – definite time.
Voluntary departure granted – indefinite time.
“U” status granted. (See“K” status granted, above.)
A mother and two children are applying for benefits. Their only documentation is a “Notice of Action” letter from USCIS indicating they have applied for asylum. Applicants for asylum are considered PRUCOL as long as their applications are pending, including during an appeal process following an original denial.
EXAMPLE
Temporary Resident
A seasonal farmworker applies for benefits. He has a Temporary Resident card (an I-688) whose expiration date has passed, but the sticker on the back shows it has been extended. The Temporary Resident card is marked “210”, which according to the page 75 in the NILC Guide in Appendix II indicates the seasonal agricultural or farmworker amnesty program. This person is considered PRUCOL. Note that a person with documentation of “temporary” status may still meet the definition of PRUCOL (“Permanently” Residing Under Color of Law).
An elderly immigrant from Eastern Europe applied for lawful permanent residence ten years ago and shows you that USCIS issued her a notice saying she was not eligible. She shows you a more recent notice with her same address showing that she applied for a diversity visa (visa lottery) two years ago but she says she did not receive it. Since USCIS knows she is here and has not taken any action to deport her, you can conclude that she is PRUCOL.
EXAMPLE
Non-PRUCOL Example
A client applying for benefits has an I-94 (Arrival/Departure Record) with a “B2” code. According to the page 77 in the NILC Guide in Appendix II, “B2” signifies tourist status. A person with tourist status who has not applied for permission to remain permanently in the U.S. is a non-immigrant and does not meet the definition of PRUCOL.
“Victims of trafficking”. Children under 18 years old can be considered victims of sex trafficking whether or not they were induced into such activities by force, fraud, or coercion. Victims of trafficking include persons who are supposedly “free” but whose servitude consists of owing substantial sums of money to a trafficker.
WORKER RESPONSIBILITIES
The first step for staff is to determine a client’s immigration status based on the information in this Definitions section.
Documents and verification. Obtain proof of alien status. Consult the National Immigration Law Center (NILC) Guide in Appendix II for descriptions of common documents that verify immigration status. If the alien does not have documents to verify immigration status, follow verification procedures (as with any documentation requirement) to get reasonable documentation of status (including client's signed statement). See VERIFICATION for proper verification procedures.
Expired documents. Sometimes the only immigration document a client has is expired but this does not necessarily mean their immigration status has expired. In such cases, consider the following:
Determine whether the client has applied for renewal of the document or adjustment to a different status. If the client has applied for renewal and you have no reason to believe renewal will be denied, assume continuation of current status. If the client has applied for adjustment of status, assume continuation of current status while the application is pending.
The I-551 Resident Alien or “green card” (which became the Permanent Resident card in 1997) did not include an expiration date until August 1989 (see pages 64-66 in the NILC Guide in Appendix II). These cards are usually valid for 10 years from date of issue and must be renewed, but an expired card does not mean the immigrant’s lawful status has expired.
An expired Employment Authorization Document (EAD) does not mean the client’s underlying immigration status has expired (see Worker Responsibilities #13 below). Seek other documentation, if needed, to determine the client’s status.
Note that some immigration documents have clear beginning and end dates, while others are open-ended. Some immigration documents are commonly issued for short periods of time only. For example, VAWA self-petitioners (see WAC 388-424-0001 ) may receive a Notice of Prima Facie Approval for an initial period of 150 or 180 days, followed by repeated 60 day extensions while their case is still pending (this can sometimes take years).
While it is a client’s responsibility to produce current documentation, they may need some assistance in doing so. DSHS offers financial assistance, if needed, to obtain necessary documents (see WAC 388-490-0005 (7) in the Verification Chapter).
PRUCOL versus undocumented. Since either a PRUCOL or undocumented person may have an expired immigration document (see Worker Responsibilities #3 above), the following additional questions may need to be asked:
Has the person’s actual immigration status (as opposed to their documentation) expired? If not, then determine eligibility based on that status and encourage the immigrant to renew their documentation. If the person’s immigration status has expired, then answer the following question:
Has the person applied for renewal or adjustment of status? If not, the person may be undocumented, at least until such time as he once again seeks or obtains a legal status. If the person has applied for renewal or adjustment and/or USCIS otherwise knows they are here and is not seeking to deport them, then they meet the definition of PRUCOL (see example above).
For persons who automatically become citizens under terms of the Child Citizenship Act of 2000 or previous legislation (see WAC 388-424-0001 ), USCIS issues no documentation unless requested. Clients themselves may not be aware that they or their children are already citizens. In these cases, staff will have to determine if the client or their children met or meet the required conditions.
If uncertain about a child’s lawful permanent resident status, check first to see whether the child is listed on a parent’s immigration document, consulting Table 5, pages 61-62 in the NILC Guide in Appendix II. However, be aware that sometimes USCIS will list only the parent on a document even when the whole family is included in the application. This is particularly common in domestic violence and political asylum cases. In general, you can assume that children are included in a parent’s application for legal status. If a minor child has become a citizen automatically because their parent has naturalized, a statement from the parent and copy of the parent’s certificate of naturalization is acceptable proof of the child’s citizenship.
If there is uncertainty about whether a particular client has met the conditions for automatic citizenship, you might want to refer them to an immigration attorney or to the Northwest Immigrant Rights Project in Western Washington at 206-587-4009 or in Eastern Washington at 509-854-2100.
For eligibility purposes, clients who become citizens automatically (under the Child Citizenship Act or other legislation) are not required to show direct proof of their citizenship. Since clients may encounter other situations where proof of citizenship would be helpful or even necessary, staff may want to advise clients to request this verification from USCIS anyway.
To prove either tribal membership or 50 percent American Indian blood, ask the client for an enrollment membership card, a treaty fishing card, Bureau of Indian Affairs (BIA) certification, or other tribal document such as a letter from the tribe verifying 50 percent American Indian blood.
For current lists of federally-recognized Indian tribes in other states and of Alaska native villages and corporations, refer to the July 12, 2002 Federal Register Notice.
Hmong or Highland Laotian tribe members:
Determine if the client is eligible based on the individual's qualified alien status. For example, often tribe members are admitted as refugees.
If not eligible under a qualified alien status, verify that they are lawfully residing in the U.S. and have them sign the following statement under penalty of perjury:
I was a Hmong (or Highland Laotian) tribe member when the tribe assisted the U.S. military during the Vietnam era (August 5, 1964 to May 7, 1975). See Appendix III for a printable version of this statement.
Verify that the tribe member was born prior to May 8, 1975. The tribe member’s spouse and unmarried dependent children do not have to be tribal members in order to qualify for federal benefits.
An immigrant who is a victim of domestic violence or abuse may be unable to get documents because they have been in the control of the abuser. For guidance on verification of the status of an abused immigrant, see Verification Chapter, WAC 388-490-0005, Worker Responsibilities #6). See Table 5, page 62 in the NILC Guide in Appendix II for a list of documents verifying the “qualified” status of battered aliens.
For information about documenting asylee status, see “Asylum Documentation” under WAC 388-466-0005, Clarifying Information.
Victims of Trafficking can receive benefits the same as a refugee as long as they have a letter from the federal Office of Refugee Resettlement (ORR) within the Department of Health and Human Services that certifies them as victims of trafficking. Victims under 18 years of age do not receive a “certification” letter but are instead issued a similar “letter of eligibility”. Whether the applicant is an adult or child, call the Trafficking Verification line at 202-401-5510 or toll-free at 866-401-5510 to confirm the validity of the letter prior to approving benefits. For more information, see “Certification of Victims of Human Trafficking” under WAC 388-466-0005.
Immediate family members of a victim of trafficking do not need to be themselves certified or approved by ORR in order to be treated like refugees for the purpose of receiving public benefits.
An alien who is 18 or older who claims to be a victim of trafficking but has not yet been issued a letter from ORR should be referred to the Department of Justice’s Trafficking Hotline at 888-428-7581 to request assistance. An alien who is under age 18 should be referred to Covenant House at 888-373- 7888, which is under contract with the Department of Health and Human Services to refer them to a pre-screened aid organization in the victim's area.
Victims of Trafficking are often in great danger of being re-victimized by the trafficker, and like domestic violence victims have often suffered physical abuse and psychological trauma. If the client is not already receiving such help, be sure that she/he is referred to a shelter or other safe residence for a safety plan, counseling services, and other emergency assistance.
Reporting or release of information regarding immigrants
Release of information about immigrant clients is subject to the same confidentiality rules that govern release of all client information to outside parties, including law enforcement agencies such as USCIS. See the Confidentiality Chapter in the EA-Z Manual.
The Department is only obligated to report legal immigrants in the case of the “indigence exemption” from sponsor deeming. See WAC 388-450-0156 for a description of this reporting requirement.
The Department’s obligation to report the presence of undocumented immigrants to USCIS has been very narrowly defined by the federal government. Such a report is only to be made in the following circumstances:
An administrative law judge (ALJ) has determined that an individual is unlawfully present in the U.S., in the course of the individual’s pursuing eligibility for a federally funded benefit (including TANF, non-emergency Medicaid, SCHIP, SSI, and federal Basic Food); and
The ALJ’s finding is supported by a determination by USCIS, such as a Final Order of Deportation.
The Department is only expected to make a determination about an individual’s legal or illegal immigrant status if such determination is necessary to decide whether the individual is eligible for benefits. Undocumented immigrants should never be required to contact USCIS themselves.
If you believe a report to USCIS is required, based on the above circumstances, contact the immigrant eligibility program manager in the Community Services Division. Do not contact USCIS directly. (See Worker Responsibilities #12 below regarding potential civil rights violations.)
When requesting information necessary to determine citizenship or alien status, be sensitive to the right of clients not to be discriminated against on the basis of race, color, or national origin. All similarly situated clients should be treated in the same manner. For example, while it is necessary to clarify questionable information to establish eligibility, clients should not be singled out for closer scrutiny simply because they look or sound “foreign.”
Employment Authorization Documents (EADs) contain coded information that indicates a client’s immigration status. Consult the “Key to Employment Authorization Documents”, pages 88-89 in the NILC Guide in Appendix II, for the meaning of the various codes. Note that EADs must be renewed on a yearly basis and sometimes there are delays in receipt of a new card. An expired EAD does not mean that a person’s immigrant status has expired and should not in itself be a reason to deny benefits.
EXAMPLE
Pending Family Visa Petitions
A five-person family applies for benefits. The father has a Lawful Permanent Resident card (I-551) but the mother and three children only have Employment Authorization Documents (EADs). All four EADs are coded “A15”. According to pages 88-89 in the NILC Guide in Appendix II, the "A-15" code indicates "V” status. These are spouses and children of lawful permanent residents whose visa petitions have been pending for at least three years. According to Clarifying Information #10 above, immigrants with “V” status are PRUCOL and therefore eligible for state but not federal benefits. The father may be eligible for federal benefits depending on other factors such as date of entry into the U.S.
EXAMPLE
Refugees
A mother and child apply for benefits. Their only documentation of immigrant status are EADs, both of which have expired. The cards are coded “A3”. According to pages 88-89 in the NILC Guide in Appendix II, the “A3” code indicates refugee status. Since this refugee status is not affected by the expiration of their EADs, this family should be considered refugees for eligibility purposes.
