Lawyers Manual - Unified Court System

366 Barbara Weiner
13. The immigration documents of a conditional resident will be annotated
with a code CR-1 or-2 or CR-6 or -7. Documents that provide evidence of
conditional resident status include a permanent resident card with a two
year expiration date, an I-94 annotated with the CR-1,-2,-6 or -7 code, an
EAD similarly annotated or an I-551 stamp in a passport.
14. OTDA instructs the local districts that someone with documents indicating
an expired conditional residence status would have to provide evidence of
filing her own petition to remove the condition (Form I-751) under a
battered spouse waiver or that she filed an I-360 in order to continue to
receive benefits as a qualified immigrant. See Revised 06INF-14 at B.5.
Although there appears to be no authority for the imposition of this
requirement, since the approved I-130 that is the basis of the conditional
resident status is not revoked by the termination of that status, the
immigrant should file either the I-360 or I-751 in any case, simply in order
to legalize her status.
15. See Revised 06 INF-14.
16. This determination is made by the DVL pursuant to the guidelines set out
in 98 ADM-3. See Revised 06 INF-14.
17. See Revised 06 INF-14.
18. Id.
19. 8 USC § 1641(c); see also Revised 06 INF-14.
20. 8 USC § 1182(a)(4)(C).
21. See New York Social Services Law (SSL) § 122.
22. Aliessa v Novello, 96 NY2d 418 [2001]. For a fuller description of
PRUCOL eligibility, see Department of Health, Administrative Directive
04 OMM/ADM-7, Citizenship and Alien Status Requirements for the
Medicaid Program, October 26, 2004.
23. See above.
24. Although this is generally not the case in New York City, shelters in the
rest of the state, including domestic violence shelters, often have
difficulties obtaining reimbursement from the local social services district
for homeless immigrants and immigrant victims of domestic violence who
do not have an immigration status, either as a qualified immigrant or a
PRUCOL immigrant, that would make them eligible for welfare. This is
because New York primarily reimburses shelter providers through its
public assistance programs.