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Nevada Division of Welfare and Supportive Services Energy Assistance Program Manual

spouses and children of persons legalized under IRCA. To qualify for Family Unity, a person must have been the spouse or child of an amnesty non-citizen as of May 1988 and have been residing in the U.S. prior to that date. An application for Family Unity status will receive an I-797. He/she is then eligible for an I-688B employment authorization document. The legalized non-citizen spouse or parent is under the five- year disqualification for receipt of certain benefits, (The relative granted Family Unity is ineligible). As soon as the Family Unity recipients obtain LPR status, they will qualify for these benefit programs.

3. Parolees – Parole is a discretionary status used for humanitarian or public interest reasons provided under Section 212(d)(5) of the Immigration and Nationality Act. Persons paroled into the U.S. are usually given an I-94 stamped “PIP,” “HP,” “212(d)(5)” or with other language evidencing their parole status. Some parolees enter the U.S. only for a temporary purpose, such as to receive medical treatment. Others are allowed in with the understanding they will remain permanently by applying for asylum or a family visa petition. Persons paroled as refugees and Cuban and Haitian parolees are discussed under Persons Fleeing Persecution. 4. Other Discretionary Classifications – The president or the USCIS has discretion to allow any non-citizen or group of immigrants without legal status to stay in the U.S. for an indefinite period of time under such categories as deferred action, voluntary departure or stay of deportation. These persons are usually considered PRUCOL for purposes of receiving benefits. The most common documents used to show a grant of discretionary relief would be an I-688B employment authorization card or a I-94. 5. Applicants for Immigration Status – Many people reside in the U.S. with USCIS knowledge while the USCIS acts upon their application for lawful immigration status. Applicants for asylum, adjustment to LPR status and suspension of deportation are eligible for employment authorization while their cases are pending. An applicant for immigration status is generally ineligible for the same benefits as someone granted that status. Individuals may argue they are PRUCOL because they are living in the U.S. with the knowledge and permission of the USCIS. VII. Trafficking Victims Victims of trafficking are individuals (adults or children) who are in prostitution, slavery and/or forced labor through coercion, threats of physical violence, psychological abuse, torture and imprisonment. Under the Trafficking Victims Protection Act, adult victims of trafficking who are certified by the Office of Refugee Resettlement (ORR) at the Department of Health and Human Services (HHS) are eligible for benefits to the same extent as refugees. Children who have been subjected to trafficking are also eligible like MTL 01/24 June 25, 2024 - 8 - Section 300 – Citizenship