Proof of Immigration Status or Lawful Presence

Note: Deferred Action for Childhood Arrivals (DACA) is not an eligible immigration status for health insurance through Covered California. The Employment Authorization Document (I-766) annotated Category “C33” is specific to DACA and is not proof of eligibility for Covered California. Individuals with DACA status may be eligible for Medi-Cal.

  1. Lawful Permanent Residents (LPR/Green Card Holder)

    For pending applicants for adjustment to LPR, go to #22 of this section.

  2. Asylees

    For pending applicants for Asylum, go to #23 of this section.

    • Arrival/Departure Record (I-94) (with stamp showing grant of asylum, “Asylee” or “§208”).
    • Arrival/Departure Record (I-94) in foreign passport (with stamp showing grant of asylum, “Asylee” or “§208”).
    • Order granting asylum by USCIS, DHS, immigration judge, Board of Immigration Appeals, or federal court.
    • Employment Authorization Document (Card) (I-766) (annotated “A5”).
    • Refugee Travel Document (I-571).
    • Permanent Resident Card, “Green Card” (I-551).
  3. Refugees

    • Arrival/Departure Record (I-94/I-94A) (stamped “Refugee” or “§207”).
    • Employment Authorization Document (Card) (I-766) (annotated “A3”).
    • Refugee Travel Document (I-571).
    • Permanent Resident Card, “Green Card” (I-551).
    • Application for Employment Authorization (I-765), or receipt from USCIS indicating filing of application.
  4. Conditional entrant (CE) granted before 1980 (Note: this is the immigration status used for refugees prior to the Refugee Act of 1980; most have adjusted to LPRs though some retain CE status.)

    • Arrival/Departure Record (I-94/I-94A) (indicating status as “conditional entrant,” “refugee-conditional entrant,” “Seventh Preference,” “§203(a)(7)” or “P7”).
    • Employment Authorization Document (Card) (I-766) (annotated “A3”).
    • Permanent Resident Card or “Green Card” (I-551).
  5. Individuals granted withholding of deportation or withholding of removal (under the immigration laws or under the Convention Against Torture [CAT])

    For pending applicants for withholding of deportation/ removal, go to #23 of this section.

    • Document indicating withholding of removal (e.g., an order granting withholding of deportation/removal issued by USCIS, DHS, immigration judge, Board of Immigration Appeals, or federal court).
    • Employment Authorization Document (Card) (I-766) (annotated “A10”).
    • Administrative order staying removal issued by the Department of Homeland Security.
    • Arrival/Departure Record (I-94/I-94A) (stamped “Withholding of Deportation,” “§243(h)” or “§241(b)(3)”).
    • Refugee Travel Document (I-571).
  6. Individuals paroled into the U.S.

    • Arrival/Departure Record (I-94/I-94A) (with stamp indicating “parole” or “PIP” or “212(d)(5)” or other language indicating parole status).
    • Employment Authorization Document (Card) (I-766) (annotated “A4” or “C11”).
    • Employment Authorization and Advance Parole Card (I-512) (annotated with reason parole was granted under Title 8 of the Code of Federal Regulations).
  7. Cuban or Haitian Entrants

    • Arrival/Departure Record (I-94/I-94A) (with stamp indicating “Cuban/Haitian Entrant” or any other notation indicating “parole under §212(d)(5)”, including “CU6,” “CU7,” or “CH6,” among others – rare since 1980s).
    • Employment Authorization Document (Card) (I-766) (annotated “C8,” or “C11”).
    • Temporary I-551 Stamp (on passport or I-94/I-94A).
    • Permanent Resident Card, “Green Card” (I-551).
    • Receipt or notice showing filing or pending status of Application for Asylum and withholding (I-589).
  8. Qualified Domestic Violence Survivor (the parent and/or child of a spouse or child who has been battered or subjected to extreme cruelty in the U.S. by a spouse, parent, or relative of the same household) who has been approved (or has a pending petition) under Violence Against Women Act (VAWA) for (1) status as a spouse or a child of a U.S. citizen, (2) status as a spouse or a child of a U.S. lawful permanent resident, (3) suspension of deportation, or (4) cancellation of removal.

    • Application to qualify as abused spouse, child, or parent under VAWA (I-360).
    • Notice of Action (I-797) (referencing a pending “I-360”).
    • Employment Authorization Document (Card) (I-766) (annotated “A10,” “C14,” “C9,” “C10,” “C14” or “C31”).
    • Receipt or other proof of filing I-485 “Application to Register Permanent Residence or Adjust Status.”
    • Any documents indicating a pending suspension of deportation or cancellation of removal case, including a receipt from an immigration court indicating filing of Application for Suspension of Deportation (EOIR-40) or Application for Cancellation of Removal (EOIR-42).
    • Receipt or other proof of filing I-130 visa petition under immediate relative (IR) or second family preference (P-2) showing status as a spouse or child.
  9. Victim of Trafficking and his/her Spouse, Child, Sibling or Parent (or individuals with a pending application for a victim of trafficking visa).

    • Certification from Office of Refugee Resettlement (ORR).
    • ORR eligibility letter if under 18 years of age.
    • Employment Authorization Document (Card) (I-766) (annotated “A16,” “C25”).
    • Notice of Action (I-797) ( “Approval Notice” for “CP,” “T-1”or “extension of T or U non-immigrant status”, “T-2 spouse,” “T-3 child,” “T-4 parent,” “T-5 unmarried sibling under 18.”).
    • Permanent Resident Card, “Green Card” (I-551).
    • Employment Authorization and Advance Parole Card (I-512) (authorization for parole, indicating “T-2,” “T-3,” “T-4,” “T-5,”status).
    • T-Visa Application (I-914).
    • Certification status verified through U.S. Department of Health and Human Services. Trafficking Verification Line: (866)-401-5510.
  10. Member of a federally recognized Indian tribe or American Indian born in Canada

    • Certificate from Department of Interior or Department of Indigenous and Northern Affairs certifying Native American tribal ancestry or other authoritative document.
    • Letter from the Canadian Department of Indian Affairs, birth or baptismal record issued on a Canadian Indian Reservation, or tribal or school records which establish that American Indians born in Canada are of at least one half American Indian ancestry.
  11. Other Non-Immigrant Status (letter visas) including worker visas and student visas:

    • F-1, F-2, M1 and M2 (academic and student non-immigrant visa categories).
      • Form I-20.
      • Arrival/Departure Record (I-94/I-94A) showing non-immigrant status.
      • Foreign Passport (indicating admission to U.S. with non-immigrant visa).
      • Employment Authorization Document (Card) (I-766) (indicating non-immigrant status).
    • J-1 and J-2 (exchange visitors including professors, scholars and physicians non-immigrant visa categories).
      • Form DS-2019, Certificate of Eligibility for Exchange Visitor Status.
      • Arrival/Departure Record (I-94/I-94A) indicating non-immigrant status.
      • Foreign Passport (with admission stamp indicating admission to U.S. with non-immigrant visa).
      • I-797, Notice of Action.
      • Employment Authorization Document (Card) (I-766) (indicating non-immigrant status).
    • H, L, O, P, Q (temporary worker non-immigrant visas categories).
      • Foreign passport (indicating admission to U.S. with non-immigrant visa).
      • Arrival/Departure Record (I-94/I-94A) indicating non-immigrant status.
      • Form I-797, Notice of Action.
      • Employment Authorization Document (Card) (I-766) (indicating non-immigrant status).
    • T (victim of human trafficking non-immigrant visa category).
      • Foreign passport (admission stamp indicating admission to U.S. with non-immigrant visa).
      • I-797, Notice of Action for “T” Status.
      • Arrival/Departure Record (I-94/I-94A) indicating non-immigrant visa status.
      • Employment Authorization Document (Card) (I-766) (indicating non-immigrant status).
      • Form I-485, Adjustment of Status.
    • U (victim of criminal activity non-immigrant visa category).
      • Foreign passport (admission stamp indicating admission to U.S. with non-immigrant visa).
      • Arrival/Departure Record (I-94/I-94A) indicating “U” non-immigrant visa.
      • Receipt of Form I-918.
      • Employment Authorization Document (Card) (I-766) (indicating non-immigrant status).
      • Form I-539, Application to Extend Non-immigrant Status.
      • Form I-485, Adjustment of Status.
    • Other non-immigrant visa categories.
      • Foreign passport (admission stamp indicating admission to U.S. with non-immigrant visa).
      • Employment Authorization Document (Card) (I-766) (indicating non-immigrant status).
      • Arrival/Departure Record (I-94/I-94A) indicating admission to the US with a non-immigrant visa.
      • Form I-539, Application to Extend Non-immigrant Status.
  12. Citizens of Micronesia, the Marshall Islands, and Palau

    • Arrival/Departure Record (I-94/I-94A).
    • Foreign Passport (annotated “CFA/RMI,” “CFA/FSM” or “CFA/PAL.”
    • Employment Authorization Document (Card) (I-766) (annotated “A8”).
  13. Residents of American Samoa

    • An official document showing the individual is a resident of, or lives in, American Samoa.
  14. Lawful Temporary Residents

    • Employment Authorization Document (Card) (I-766) (annotated “A2”, or with other evidence indicating eligibility under “§210” or “§245A”).
    • Application to Adjust from Temporary to Permanent Residence under INA §245A (I-698).
  15. Individuals with Temporary Protected Status (TPS)

    For pending applicants for TPS, go to #23 of this section.

    • Employment Authorization Document (Card) (I-766) (annotated “A12”).
    • Notice of Action (I-797) (showing grant of TPS status).
  16. Individuals granted Deferred Enforced Departure (DED)

    • Employment Authorization Document (Card)(I-766) (annotated “A11”).
    • Immigration documentation with an alien number or I-94 showing status.
  17. Individuals granted Deferred Action Status

    • Notice of Action (I-797) (showing approval of “deferred action” status).
    • Employment Authorization Document (Card) (I-766) (annotated “C14”).

    Note: Deferred Action for Childhood Arrivals (DACA) is not an eligible immigration status for health insurance through Covered California. The Employment Authorization Document (I-766) annotated Category “C33” is specific to DACA and is not proof of eligibility for Covered California. Individuals with DACA status may be eligible for Medi-Cal.

  18. Family Unity beneficiaries

    • Notice of Action (I-797) (showing approval for “Application for Family Unity [I-817]”).
    • Employment Authorization Document (Card) (I-766) (annotated “A13”).
  19. Individuals with Order of Supervision with employment authorization

    • Notice or form showing release under “Order of Supervision” and Employment Authorization Document (Card) (I-766).
  20. Registry Applicants with employment authorization

    • Receipt or notice showing filing Form I-485 “Application to Register Permanent Residence or Adjust Status” and Employment Authorization Document (Card) (I-766).
  21. Applicant for Special Immigrant Juvenile Status

    • Notice of Action (I-797) (“Special Immigrant Juvenile Approval Notice,” “Welcome Notice/Approval of I-485,” or “Other Basis of Adjustment SL6”).
    • Permanent Resident Card, “Green Card” (I-551) (coded “SL6”).
  22. Applicant for Adjustment to LPR Status

    • Notice of Action (I-797) (ASC Appointment notice with Case Type “I-485 Application” and “Receipt of Application for Employment Authorization based on C9”).
    • Employment Authorization Document (Card) (I-766) (e.g. annotated “C9” or “C9P”).
    • Employment Authorization and Advance Parole Card (I-512) (authorization for parole, indicating applicant for adjustment of status).
    • Receipt showing filing or pending status of Form I-485 “Application to Register Permanent Residence or Adjust Status.”
  23. Applicants for any of the following statuses must also submit an Employment Authorization Document (Card) (I-766).

    • Temporary Protected Status (TPS) with employment authorization.
      • Receipt or notice showing filing or pending status of “Application for Temporary Protected Status” (I-821) and Employment Authorization Document (Card) (I-766) (annotated “C19”).
    • Legalization under IRCA or the LIFE Act with employment authorization.
      • Foreign passport (with a stamp or writing by INS/DHS officer, indicating pending “§245A Application”) and Employment Authorization Document (Card)(I-766) (annotated “Application for Temporary Residence under INA §245A” [I-687]).
    • Asylum or Withholding of Deportation/Removal, including applicants under the Convention against Torture (CAT) (only if granted employment authorization or are under the age of 14 and have had an application pending for at least 180 days).
      • Receipt or notice showing filing or pending status of “Application for Asylum and Withholding” (I-589) and Employment Authorization Document (Card) (I-766) (annotated “C8”).
    • Cancellation of Removal or Suspension of Deportation with employment authorization.
      • Receipt or Notice showing filing Form EOIR-40, EOIR-42, or “Application for Suspension of Deportation or Special Rule Cancellation of Removal” (I-881) and Employment Authorization Document (Card) (I-766).
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