Lawyers Manual - Unified Court System

Helping Immigrant Victims Access Federal and State Public Benefits 361
Concerns About “Public Charge”
That an immigrant is or may become dependent on the government for
subsistence, i.e., a “public charge,” can be a ground for denying an immigrant
permanent resident status. Many immigrants hesitate to seek benefits for fear
that accepting public benefits will hurt their chances of becoming a permanent
resident remaining in the US, or becoming a citizen. These concerns are often
without justification.
The use of benefits is rarely, if ever, a ground for deportation and it is never
a ground to deny a lawful permanent resident’s application for citizenship.
Furthermore, it is not the receipt of any public benefit but only the receipt of
welfare benefits or long term institutional care funded by Medicaid that raises
potential public charge concerns. Importantly, battered immigrants whose
adjustment is based on an approved I-360 self-petition are exempt from the
public charge ground of inadmissibility. 20
Permanently Residing Under Color of Law (PRUCOL)
Unlike the federal government, New York provides welfare and medical
assistance benefits to immigrants who, though not meeting the conditions
necessary for treatment as a qualified immigrant, can show that they are
“permanently residing in the US under color of law” (PRUCOL). New York
preserved PRUCOL eligibility for its cash assistance program, the Safety Net
program, in its 1997 welfare reform amendments to the Social Services Law. 21
In addition, a unanimous decision by the Court of Appeals in June of 2001
required the State to provide PRUCOL immigrants with access to the State’s
Medicaid program. 22
Immigrants are considered PRUCOL if they are residing in the US with the
knowledge and permission or acquiescence of USCIS. There are no hard and fast
rules about who should be considered PRUCOL. In fact, the Office of Temporary
and Disability Assistance that administers the State’s welfare programs and the
Department of Health that administers the medical assistance programs have
expressed differences in their interpretation of PRUCOL. The Department of
Health has issued the most complete and inclusive policy on the question of who
is PRUCOL. 23 Those representing immigrants who do not have a qualified
immigrant status but who have made some contact with USCIS should consult
DOH policy to evaluate whether a client’s status can be considered PRUCOL.