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a. A Non-immigrant in classes A-S; “TD” and “TN” (NAFTA professionals); and “V” (aliens
covered by the Legal Immigration Family Equity Act of 2000),
NOTE: See RS 00204.025B.2.d. for instructions regarding NAFTA professionals and RS 00204.025B.4.g. for instructions regarding aliens covered by the LIFE Act of 2000,
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Immigration Form I-94 (Immigration Form I-94 (Arrival/Departure Record), generally
issued at the time of admission to the U.S., annotated with the nonimmigrant alien
classification under which the alien was admitted and the date to which the stay in
the U.S. has been authorized. There are different versions of the form.
(NOTE: for lawful presence purposes, documentation of work authorization is not required
for F1 or J1 aliens), and RM 10211.340 and RM 10211.345 for additional evidence for exchange visitors (J-1 and J-2),
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With DHS before adjudication in all cases via an online SAVE query per instructions
in RS 00204.020C.4. If unable to verify via online SAVE query response, verify with Form G-845 per instructions
in RS 00204.020C.6. If you are unable to verify the immigration status of foreign students (F-1 and M-1)
and exchange visitors (J-1) via the online SAVE query response, follow the instructions
in RS 00204.020C.6.d. Reverify continuing lawful presence at the time the Department of Homeland Security
document expires
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b. A non-immigrant without immigration documentation, e.g. a Canadian-born American
Indian or a noncitizen Indian who is a member of a Federally recognized Indian tribe—such
as a Mexican-born member of the Texas Band of Kickapoo Indian,
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Evidence in accordance with:
SSNAP RM 10211.075,
GN 00303.420A.1.,
GN 00303.420A.2.; and SI 00502.105.
NOTE: Generally, for this kind of alien SAVE cannot be used to verify immigration status
because the alien has not been issued any immigration documentation by DHS (or INS
in the past) and therefore, there is no information in the DHS system for an alien
in this lawful presence category. Non-citizen members of the Texas Band of Kickapoo
Tribal should have either an enrollment card issued by the Bureau of Indian Affairs
showing the bearer to be a member of the Texas Band of Kickapoo and evidence of birth
in Mexico or an American Indian Card (Form I-872) showing the class code “KIP” which
establishes LAPR status. See the Administrative Confidential
Memorandum for more information about these documents.
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Not Required
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c. A nonimmigrant under the Visa Waiver Pilot Program under section 217 of the INA,
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Form I-94 (Arrival/Departure Record) which shows the nonimmigrant classification (“TN”
or “TD”), and the period of authorized stay, which generally is in 1-year increments,
NOTE: The name of the employer may be on the visa but does not appear on the I-94.
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With DHS before adjudication in all cases via an online SAVE query per instructions
in RS 00204.020C.4. Reverify upon expiration of the document.
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d. A Canadian or Mexican professional admitted under the North American Free Trade
Agreement (NAFTA),
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Form I-94 (Arrival/Departure Record) which shows the nonimmigrant classification (“TN”
or “TD”), and the period of authorized stay, which generally is in 1-year increments,
NOTE: The name of the employer may be on the visa but does not appear on the I-94.
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With Department of Homeland Security before adjudication in all cases via the online
SAVE program per instructions in RS 00204.020C.4. Reverify upon expiration of the document.
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e. A border crosser holding a Border Crossing Card issued by the Department of State
(DHS definition of a “border cross”: An alien resident of the United States reentering the country after an absence of
less than six months in Canada or Mexico, or a non-resident alien entering the United
States across the Canadian border for stays of no more than six months or across the
Mexican border for stays of no more than 72 hours.)
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Effective August 13, 2004, in accordance with RM 10211.075F, holders of Mexican border
crossing cards (DSP-150) admitted for more than 30 days must have a Form I-94 and
may remain in the U.S. until the date indicated on the form (prior to this date, Mexican
nationals who presented a Form DSP-150 were not required to obtain a Form I-94 if
there stay in the U.S. was less than 72 hours),
NOTE: If a Mexican border crosser submits a DSP-150 as evidence of U.S. lawful presence
for an entire calendar month (a DSP-150 may establish lawful presence for months with
30 days or less), you must also develop the alien's physical presence in the U.S.
per RS 02610.023 because the form does not indicate the date the alien entered and departed the U.S.
I-586, I-444, and MICA are obsolete forms.
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With DHS before adjudication in all cases via the online SAVE program per instructions
in RS 00204.020C.4. if an I-94 is submitted. If unable to verify alien status via an online SAVE query
response, verify status using Form G-845 per instructions in RS 00204.020C.6.
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f. A crew member holding a landing permit,
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Department of Homeland Form I-95A (Crewman’s Landing Permit) which shows the nonimmigrant
category (“D1” or “D2”) and the period of authorized stay, generally a maximum stay
of 29 days, or Form 184, Alien Crewman Landing Permit and Identification,
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With DHS before adjudication in all cases via an online SAVE query per instructions
in RS 00204.020C.4. If unable to verify alien status via online SAVE, verify status using Form G-845
per instructions in RS 00204.020C.6.
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g. A citizen of the Compact of Freely Associated (CFA) States, formerly the Trust
Territories of the Pacific Islands,
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Evidence of citizenship in a CFA State (e.g., passport issued by the Federated States
of Micronesia, the Republic of the Marshall Islands, or Palau) or Form I-94. (If the
alien was issued immigration documentation, it will show an alien classification of
CFA/FSM when a citizen of the Federated States of Micronesia, CFA/MIS when a citizen
of the Republic of the Marshall Islands, or CFA/PAL when a citizen of Palau.) (See
GN 00303.400E for information on residents of former Pacific Trust Territories, Federated States
of Micronesia, the Republic of Palau and the Republic of the Marshall Islands, who
are considered to be admitted in a special class of nonimmigrants.),
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With DHS prior to adjudication via an online SAVE query per instructions in RS 00204.020C.4. if an I-94 is submitted. If unable to verify the alien status via the online SAVE
query response when an I-94 is submitted, verify status using Form G-845 per instructions
in RS 00204.020C.6. If evidence of CFA State citizenship is submitted, verification of the document is
not required.
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h. A Citizen/Resident of Canada or Bermuda,
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Evidence of citizenship in the appropriate country, and evidence of residence in Canada
or Bermuda for citizens of Commonwealth countries, as appropriate. Use the table below
to determine if a citizen/resident of Canada or Bermuda is lawfully present in the
U.S.
NOTE 1: Residents of Canada or Bermuda who are not citizens of Canada or Bermuda are issued
immigration documentation (e.g., I-94) when admitted to the U.S. Citizens of Canada
and Bermuda are admitted to the U.S. for business (B-1) or as tourists (B-2) for up
to six months but are not generally issued immigration documentation.
NOTE 2: They are issued immigration documentation
upon request when they are admitted to the U.S. In these cases the Form I-94 is annotated
with the non-immigrant visa category under which the alien was admitted (B-1 or B-2)
and the date to which the stay in the U.S. has been authorized.
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With DHS prior to adjudication via an online SAVE query per instructions in RS 00204.020C.4. if an I-94 is submitted. If unable to verify the information on the I-94 via the
online SAVE query response, verify the information using Form G-845 per instructions
in RS 00204.020C.6. Reverify alien status 60 days prior to authorized stay ending date. If the claimant
submits other than an I-94, i.e., evidence of citizenship in the appropriate country,
you will not be able to verify immigration status with DHS. Reverify status when an
immigration document is submitted at the end of 6 months.
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