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Chapter: 1400 Technical Requirements Program: TCA 51 to establish the fact of deportation. If deportation is questionable, the eligibility specialist may obtain additional information through immigration records. 1420.0720.04 Resident Citizen of a Foreign Country (TCA) Deprivation exists when one or both parents are resident citizens of a foreign country and are unable to legally enter the United States. Information given by the parent or caretaker relative concerning the reasons that the absent parent cannot enter the U.S. is sufficient to establish the factor of deprivation if it is for political or medical reasons, and it is known that current immigration laws prohibit entry into this country for the specific reason given.

When two parents are residing together apart from the child, and one or both parents are unable to legally enter the U.S., deprivation exists. If ability to legally enter is questioned, the eligibility specialist must obtain all pertinent facts and request assistance from USCIS. 1420.0721.01 Other Continued Absences (TCA) Deprivation due to continued absence is considered to exist when the nonlegal father is not living in the home with the mother and child or pregnant woman, or the mother or legal father live apart from the child. 1420.0721.02 Verification - Other Continued Absences (TCA) Information must be obtained from the parent or caretaker relative concerning the circumstances of the continued absences. A contact must be made with the non-custodial parent(s) if possible to obtain information and determine if the non-custodial parent(s) is providing support. Refer to passage 1420.0711 for exceptions to non-custodial parent contacts.

1420.0722 Incapacity (TCA) Exists when both parents live together:

1. and one or both parents are determined to be physically or mentally incapacitated. 2. although one parent is absent due to an incapacitating condition. 1420.0722.01 Definition of Incapacity (TCA) Incapacity exists when the parent has a physical or mental illness, impairment, or defect supported by medical evidence and expected to last longer than 30 days. The incapacity must be severe enough to substantially reduce or entirely eliminate the individual’s ability to support or care for the child.

A parent who has an incapacitating condition must either be:

1. unable to work; 2. unable to engage on a full-time basis in his usual occupation including caring for his children or any comparable alternate occupation available in the community; 3. able to engage full-time in an occupation, but accepts substantially reduced wages due to the debilitating nature or effects of the condition, (consideration must be given to the limited employment opportunities available to handicapped individuals); or 4. handicapped or disabled his entire life. 1420.0722.02 Verification of Incapacity (TCA) Incapacity is established by one of the following:

1. the receipt of Social Security (RSDI) or SSI benefits on the basis of disability or blindness; 2. a medical statement from a licensed physician that an incapacity or disability exists;