Section 703.440 - EAEDC Noncitizen StatusA 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.Adopted by Mass Register Issue 1360, eff. 3/9/2018.Amended by Mass Register Issue 1396, eff. 5/15/2019.