421-6        NON-QUALIFIED ALIENS

Non-qualified aliens include aliens who are permanently residing in the U.S. under color of law, non-immigrants, and illegal aliens.  An alien who is not a qualified alien is not eligible for APA benefits.

421-6 A.   PERMANENTLY RESIDING UNDER COLOR OF LAW (PRUCOL Permanently Residing (in the U.S.) Under Color of Law)

Aliens in this category are legal permanent residents of the U.S. even though they did not go through the process of applying for and being admitted for permanent residence.  This group includes aliens residing in the U.S. with the knowledge and permission of the USCIS whose departure the USCIS does not contemplate enforcing.

421-6 B.   NON-IMMIGRANTS

Some aliens may be lawfully admitted but only for a temporary or specified time (visitors, tourists, students, diplomats, crewmen on shore leave, temporary workers, members of the foreign press, etc.)  These aliens are not eligible for APA because of the temporary nature of their admission status.

421-6 C.   ILLEGAL ALIENS

An illegal alien is any alien who either was never legally admitted to the U.S., or was admitted for a limited period of time and did not leave when that time expired.