A noncitizen must verify that he or she is present in the U.S.
under one of the eligible noncitizen statuses as described below. The status of
a noncitizen must be verified at application, at eligibility reviews or
whenever the status of the noncitizen changes or is questionable. A noncitizen
unwilling or unable to provide acceptable verification of an eligible
noncitizen status shall be ineligible for EAEDC.
(A)
Eligible EAEDC Noncitizen
Status. [Note: 106 CMR 703.440 was formerly found at 106 CMR
320.620(A): Eliigible Noncitizen Status] A noncitizen's
eligibility for EAEDC depends on the section of the Immigration and Nationality
Act (INA) under which the noncitizen is present in the U.S., and meeting
additional noncitizen requirements. Eligible noncitizen statuses for EAEDC are:
(1) A noncitizen who meets the criteria for
an eligible noncitizen under TAFDC regulations at
106 CMR 703.430(A)(1), (3)
through (5) and (8) through (11).
(2) A noncitizen present in the U.S.
regardless of the date of entry into said status as:
(a) a legal permanent resident;
(b) a conditional entrant under the INA,
section 203(a)(7) as in effect prior to April 1, 1980;
(c) a parolee present under the INA, section
212(d)(5).
(3) A
noncitizen permanently residing in the U.S. under color of law (PRUCOL). A
noncitizen is considered PRUCOL when the individual is known to the U.S.
Citizenship and Immigration Services (USCIS) and there is no evidence that the
USCIS is engaged in deportation proceedings against the noncitizen.
PRUCOL includes, but is not limited to, noncitizens:
(a) with a pending application for asylum or
adjustment of status or a pending relative petition;
(b) with either an approved or pending
application for temporary protected status, or suspension or stay of
deportation removal;
(c) who
qualify based on their continuous presence in the U.S. prior to January 1,
1972;
(d) who are granted voluntary
departure;
(e) who are living under
orders of supervision;
(f) who are
granted deferred action status or a "U" visa; and
(g) who have either an approved or pending
petition for status or relief which noncitizens are eligible for under the
provisions and benefits of the INA, Presidential Order and/or discretion of
federal Departments.
(B)
Verification of EAEDC
Noncitizen Status. The noncitizen must provide acceptable
verification of status for each member of the assistance unit at application or
whenever the status of the noncitizen changes or is questionable. Acceptable
verification includes those verifications described under TAFDC regulations at
106 CMR 703.430(B)
or documents showing that the noncitizen
meets the criteria of PRUCOL at 106 CMR 703.440(A)(3).
(C)
Additional EAEDC Noncitizen
Requirements.
(1)
Requirements. A noncitizen applying for EAEDC benefits
must meet the following criteria, unless good cause as specified in 106 CMR
703.440(C)(3) exists:
(a) be ineligible for or
not have unreasonably failed to apply for SSI, TAFDC, Unemployment Compensation
and Veterans' Services benefits; and
(b) be engaged in efforts to become a citizen
of the U.S., to the extent he or she is financially and physically or mentally
able to do so, if he or she is eligible to become a citizen within the next
three years. An individual must be a legal permanent resident to be eligible
for U.S. citizenship.
(2)
Verifications. Acceptable verification of the
noncitizen's efforts to become a citizen of the U.S. shall include:
(a) a written statement or letter from a
community based organization which provides citizenship services, or an
attorney representing the noncitizen, indicating that the noncitizen is either
engaged in efforts to become a U.S. citizen or is not eligible for U.S.
citizenship within the next three years;
(b) a written statement from a competent
medical authority as defined in
106 CMR
701.600: Definition of Terms
indicating that the noncitizen's disability prevents him or her from engaging
in efforts to become a U.S. citizen;
(c) a document from USCIS showing that an
application for naturalization or a waiver of the naturalization requirements
has been filed with USCIS;
(d) a
statement from an attorney or an agency that has filed any formal or
preliminary documents with USCIS; or
(e) a copy of a money order paid to USCIS for
naturalization fees.
(3)
Good Cause Exceptions. Good cause for not meeting the
additional noncitizen requirements includes, but is not limited to:
(a) at application, there is an immediate
need for assistance in accordance with
106 CMR
702.125: Application
Activities; or
(b) a
serious family situation or illness of another immediate family member prevents
the legal permanent resident from engaging in efforts to become a U.S. citizen
for the next 30 days.
(D)
Ineligible Noncitizen
Status. An individual present in the U.S. under conditions not
described in 106 CMR 703.440 is ineligible for EAEDC.
