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MRG
UPDATED: NOVEMBER 2009 663
OTHER ELIGIBILITY REQUIREMENTS CITZENSHIP AND IMMIGRATION STATUS TEMPORARY PROTECTED STATUS (TPS)
particular nationalities.
Immigrants who have been granted TPS will have the following documentation: • Form I-688B; or • Form I-766 EAD coded 274a.12(a) (12) or A12; or • A letter, verification or correspondence from USCIS, such as a Notice of Action (I-797) indicating temporary protected status has been granted.
Immigrants who have applied for Temporary Protected Status (TPS): These immigrants should be treated as PRUCOL for purposes of their eligibility for Medicaid, Family Health Plus or Child Health Plus if it reasonably appears, based on all the facts and circumstances of the case, that they are present in the United States with the knowledge and permission or the acquiescence of the federal immigration agency and that such agency is not presently contemplating deporting them. Social services districts should request proof from the immigrant that he or she filed the Application for Temporary Protected Status (Form I-821) and the Application for Employment Authorization (Form I-765) to the USCIS or its predecessor, the INS. For example, the immigrant may have a receipt or letter from the federal immigration agency that shows that such agency received these documents. However, the immigrant does not need to have written confirmation from the federal immigration agency acknowledging its receipt of these documents. An immigrant can be considered PRUCOL if the immigrant can prove that he or she mailed these documents to the federal immigration agency on a certain date. When the federal immigration agency has not acted on the application after a reasonable period of time after mailing, the district may reasonably presume that the applicant is PRUCOL.
Documentation: Immigrants applying for temporary protected status will have one of the following types of documentation: • Receipt or notice showing filing of Form I-821 (Application for Temporary Protected Status) and Form I-765 (Application for Employment Authorization); or • Form I-688B; or • Form I-766 EAD codes 274a.12 (c) (19) or C19; or • Any letter, verification or correspondence from USCIS or a U.S. Postal Return Receipt.