Page 217

MRG

UPDATED: NOVEMBER 2009 654

OTHER ELIGIBILITY REQUIREMENTS CITIZENSHIP AND IMMIGRATION STATUS

PRUCOL

For example, ICE responded to the alien’s initial letter within six months of the date it was mailed by referring the matter to another wing of the Department of Homeland Security, namely USCIS, and USCIS did not respond within that same initial six-month period.

In this example, the alien would be PRUCOL effective on the date that is six months after the alien, or the alien’s representative, mailed the initial request that was then referred to another entity. This presumes, however, that the alien, or the alien’s representative, made reasonable and good faith efforts to follow-up on the status of the request for relief during this six month period. Again, an exception applies if other evidence indicates that the federal immigration agency is contemplating enforcing the alien’s departure from the U.S.

3. The federal immigration agency responds to the alien’s initial letter within six months of mailing and the agency’s response can be reasonably interpreted as indicating that the agency does not contemplate enforcing the alien’s departure from the U.S. at this time.

In this example, the federal immigration agency has responded within six months after the alien, or the alien’s representative, mailed the initial letter. If the agency had granted the alien’s request for relief, the alien would be PRUCOL effective on the date of the agency’s response. However, the alien may still be PRUCOL if the agency’s response, although not granting the requested relief, also does not show that the agency intends to enforce the alien’s departure from the U.S. For example, the federal immigration agency may have responded that the alien is not in any form of formal expulsion proceedings or is not under a final order of removal and that the agency is returning the request for deferred action or other relief without adjudicating the request; that is, without determining whether to grant or deny the requested relief. In that example, the alien would be PRUCOL effective on the date of the federal immigration agency’s response.

NOTE: As a general rule, the Medicaid worker should determine that an alien is not PRUCOL when the federal immigration agency denies the alien’s request for relief from removal or indicates that it is not permitting or acquiescing to the alien’s continued presence in the U.S. or, from all the facts and circumstances of the particular case, it appears that the agency is contemplating enforcing the alien’s departure from the U.S.