The Department of Homeland Security (DHS) recognizes several different categories
of aliens from Cuba or Haiti who meet the definition of a “Cuban/Haitian entrant”
as defined in Section 501(e) of the REAA 80 for the purposes of determining qualified
alien status and SSI eligibility. In order to be a “Cuban/Haitian entrant”, an alien
must be a national of Cuba or Haiti and meet the requirements for one of the categories
listed in SI 00502.108B.1. through SI 00502.108B.4.
IMPORTANT: In addition, based on recent litigation and in the absence of definitive guidance
from the immigration authorities, SSA will now consider nationals of Cuba or Haiti
who adjusted to LAPR status under the Nicaraguan and Central American Relief Act (NACARA)
or the Haitian Refugee Immigration Fairness Act (HRIFA) to be “Cuban/Haitian entrants”
by virtue of the adjustment to LAPR status. See SI 00502.108B.5. for a complete discussion of this provision. Also, nationals of Cuba or Haiti who adjusted to LAPR status under the Cuban Adjustment
Act of 1966 (CAA66) should be treated as a “Cuban/Haitian entrant” by virtue of the adjustment to LAPR status for the purposes of establishing SSI eligibility. See SI 00502.108B.6., for a complete discussion of this provision.
All SSI claims that were previously held in accordance with Transmittal 11 issued
in March 2005 should now be worked according to these new policies. In addition, the
Appeals Council (AC) will issue new decisions favorable to the claimants based on
these policies for any case where the AC had previously reversed a favorable ALJ decision
to a denial based on the earlier more restrictive definition of who is a “Cuban/Haitian
entrant.”
NOTE: A future POMS transmittal will address how to handle cases that were previously denied
per the earlier more restrictive definition of “Cuban/Haitian entrant” and were administratively final before the “hold” instructions in transmittal 11 in March
2005 were issued.
IMPORTANT: If the alien meets more than one “Cuban/Haitian entrant” category in SI 00502.108B.1. through SI 00502.108B.6., the earliest date the alien meets any of these categories is controlling for determining SSI eligibility;
including the beginning of the 7-year period for time-limited eligibility.
The categories of “Cuban/Haitian entrants” are as follows:
There are two subcategories of Category 1 Cuban/Haitian entrants:
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Subcategory A: Classified as “Cuban/Haitian Entrant (Status-Pending)” under the INA on or after
4/21/80; or
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Subcategory B: Paroled into the U.S. on or after 10/10/80; or
EXCEPTION: An alien is not a Category 1, Subcategory B “Cuban/Haitian entrant” if the alien:
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Was paroled into the U.S. in the custody of a Federal, State, or local law enforcement
or prosecutorial authority; and
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The parole was for purposes of criminal prosecution in the U.S. or solely to testify
as a witness in proceedings before a judicial, administrative or legislative body
in the U.S.
IMPORTANT: An alien in Category 1, Subcategory A or B retains status as a Category 1 “Cuban/Haitian
entrant” regardless of any subsequent changes in immigration status. Thus, it is possible
for an alien to be a Category 1 “Cuban/Haitian entrant” and LAPR at the same time.
However, it is possible for a Category 1 “Cuban/Haitian entrant” (either subcategory)
to lose SS I eligibility if one of the situations in SI 00502.100A.6.b. through SI 00502.100A.6.d. applies.
Alien is in parole status, has not acquired any other status under the INA, and is not subject to a removal
order that is final, non-appealable, and legally enforceable. (See SI 00502.108C. for information about orders of removal.)
Alien is the subject of removal proceedings under the INA, and is not subject to a removal order that is final, non-appealable
and legally enforceable. “Removal proceedings” include deportation, exclusion, or
removal proceedings. (See SI 00502.108C. for information about orders of removal.)
NOTE: If the alien has an asylum application pending before the Executive Office for Immigration
Review (EOIR) rather than before DHS, then they may be a Category 2(B) Cuban/Haitian
entrant, but not a Category 2(C) Cuban/Haitian entrant.
Alien has an application for asylum pending with DHS, and is not subject to a removal order that is final, non-appealable, and
legally enforceable. (See SI 00502.108C. of this section for information about orders of removal.)
NOTE: An alien with an asylum application pending before the EOIR is not a Category 2(C)
Cuban/Haitian entrant, but may be a Category 2(B) Cuban/Haitian entrant.
5. LAPRs under NACARA or HRIFA (New Category)
IMPORTANT: In addition to the categories listed in SI 00502.108B.1. through SI 00502.108B.4. that are recognized by DHS, we will now consider a national of Cuba or Haiti who
adjusts to LAPR status under NACARA or HRIFA to be a “Cuban/Haitian entrant” by virtue
of such adjustment.
a. Special Coding for Award
If the alien is allowed as a Cuban /Haitian entrant based solely on LAPR status under NACARA or HRIFA, code the award input such that the Case Characteristics
(CG) field of SSR shows “CH01.” Refer to SM 01301.820 and SM 01601.460C.1. for the CG field of the SSR. See MSOM
MSSICS 023.006 for coding the Miscellaneous Data (CMSC) in MSSICS.
The Nicaraguan Adjustment and Central American Relief Act (NACARA) allowed certain
aliens, including certain nationals of Cuba, to adjust to LAPR status.
Evidence of Adjustment to LAPR Status under NACARA
An alien who presents a DHS document such as an I-551 or a temporary I-551 stamp in
a foreign passport with one of the following codes has adjusted to LAPR under NACARA:
NACARA Code
|
Meaning
|
NC6
|
Nicaraguan or Cuban granted LAPR
|
NC7
|
Spouse of a NC6 granted LAPR
|
NC8
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Child of a NC6 granted LAPR
|
NC9
|
Unmarried son or daughter of NC6 granted LAPR
|
See SI 00502.115E.9. for how to verify status as a Cuban/Haitian entrant based on adjustment to LAPR under
NACARA.
The Haitian Refugee Immigration Fairness Act (HRIFA) allowed certain nationals of
Haiti to adjust to LAPR status.
Evidence of Adjustment to LAPR Status under HRIFA
An alien who presents a DHS document such as an I-551 or a Temporary I-551 stamp in
a foreign passport with one of the following codes adjusted to LAPR under HRIFA:
HRIFA Code
|
Meaning
|
HA6
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Haitian granted LAPR under HRIFA section 902(b)(1)(A)
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HA7
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Spouse of HA6
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HA8
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Child of an HA6
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HA9
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Unmarried son or daughter of HA6
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HB6
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Haitian granted LAPR under HRIFA section 902(b)(1)(B)
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HB7
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Spouse of HB6
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HB8
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Child of HB6
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HB9
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Unmarried son or daughter of HB6
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HC6
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Haitian granted LAPR under HRIFA section 902(b)(1)(C)
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HC7
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Spouse of HC6
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HC8
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Child of HC6
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HC9
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Unmarried son or daughter of HC6
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HD6
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Haitian granted LAPR under HRIFA section 902(b)(1)(C)
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HD7
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Spouse of HD6
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HD8
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Child of HD6
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HD9
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Unmarried son or daughter of HD6
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HE6
|
Haitian granted LAPR under HRIFA section 902(b)(1)
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HE7
|
Spouse of HE6
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HE8
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Child of HE6
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HE9
|
Unmarried son or daughter of HE6
|
See SI 00502.115E.9. for how to verify status as a Cuban/Haitian entrant based on adjustment to LAPR under
HRIFA.
6. LAPRS under the CAA 66 (New Category)
In addition to the categories listed in SI 00502.108B.1. through SI 00502.108B.5., SSA will treat as a “Cuban/Haitian entrant” for SSI purposes any Cuban or Haitian national who adjusted
to LAPR status under the CAA 66 by virtue of such adjustment.
a. Special Coding for Award
If the alien is allowed as a Cuban /Haitian entrant based solely on LAPR status under the CAA 66, code the award input such that Case Characteristics
(CG) field of SSR shows “CH02.” Refer to SM 01301.820 and SM 01601.460C.1. for the CG field of the SSR. See MSOM
MSSICS 023.006 for coding the Miscellaneous Data (CMSC) in MSSICS.
b. Overview of the CAA 66
The Cuban Adjustment Act of 1966 (Public Law 89-732 enacted 11/2/66) permits an alien
who is a native or citizen of Cuba to adjust to LAPR if certain requirements are met.
In addition, adjustment to LAPR status under the CAA 66 is also applicable to a spouse
or child of the native or citizen of Cuba, regardless of the spouse's/child's citizenship or country of birth, provided the spouse
or child is living with Cuban native/citizen in the U.S.
See SI 00502.108B.6.e. for documentary evidence of LAPR status granted under the CAA 66.
c. Native or Citizen of Cuba vs. National of Cuba: Effect on Cuban/Haitian Entrant Status
The term “native or citizen” of Cuba as used in CAA 66 is not the same thing as a
“national of Cuba” (or Haiti) under the REAA 80.
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A person who is a citizen of Cuba is also a national of Cuba; but
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A “native” of Cuba could be a citizen of Cuba or another country. If a Cuban native is a citizen
of another country, then they are not “a national of Cuba or Haiti,” and thus are
not a “Cuban/Haitian entrant” under the REAA 80.
EXCEPTION: A Cuban native who became a citizen of Haiti before adjusting to LAPR under the CAA
66 is a “national of Cuba or Haiti” for REAA 80 purposes
d. Spouse or Child of Native/Citizen of Cuba: Effect on Cuban/Haitian Entrant Status
A spouse or child of a native or citizen of Cuba may adjust to LAPR status under the CAA66. According to CAA 66, the spouse
or child does not have to be a citizen or native of Cuba. However, in order to be
a “Cuban/Haitian entrant” under REAA 80, the individual must be a “national of Cuba or Haiti”. Therefore, pay careful attention to the country of origin on the
SAVE query when developing “Cuban/Haitian entrant” status. See SI 00502.115C.1. for using primary SAVE to verify nationality.
e. Evidence of Adjustment to LAPR Status Under the CAA 66
An alien who presents a DHS document such as an I-551 or a temporary I-551 stamp in
a foreign passport with one of the following codes has adjusted to LAPR under the
CAA 66. Verify the document and status with DHS using the verification procedures
in SI 00502.115C.1. and SI 00502.115E.9. In particular, pay close attention to the “country of origin” field on the SAVE query
to determine whether the alien is a national of Cuba or Haiti as required by the REAA
80.
The following codes indicate the alien adjusted to LAPR under the CAA 66:
Code
|
Legend on Primary SAVE Query (SI 00502.115C.1.)
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Meaning
|
CUP
|
Cuban Refugee/Non-Cuban Spouse/Child-Other
|
LAPR status under the CAA 66 (P.L. 89-732).
IMPORTANT: An alien with this code may not be a national of Cuba. If the alien is not a national of Cuba or Haiti, then they are not a “Cuban/Haitian
entrant” under REAA 80.
|
CU0
|
Cuban Refugee Parent of U.S. Citizen
|
LAPR status under the CAA 66 (P.L. 89-732).
|
CU6
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Cuban Refugee
|
Adjustment to LAPR under Section 1 of the CAA 66 (P.L. 89-732) as amended by P.L.
94-571 (10/20/76).
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CU7
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Non-Cuban Spouse/Child of an alien classified as CU6
|
Adjustment to LAPR status under Section 1 of the CAA 66 (P.L. 89-732) as amended by
P.L. 94-571 (10/20/76).
IMPORTANT: An alien with this code may not be a national of Cuba. If the alien is not a national of Haiti, then they are is not a “Cuban/Haitian
entrant” under REAA 80.
|
CU8
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Cuban Refugee Spouse Of U.S. Citizen
|
Adjustment to LAPR status under the CAA 66 (P.L. 89-732).
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CU9
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Cuban Refugee Child Of U.S. Citizen
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Adjustment to LAPR status under the CAA 66 (P.L. 89-732)
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CNP
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Cuban Refugee/ Non-Cuban Spouse/Child of a Cuban Refugee
|
Adjustment to LAPR status under the CAA 66 (P.L. 89-732).
IMPORTANT: An alien with this code may not be a national of Cuba. If the alien is not a national of Cuba or Haiti, then they are not a “Cuban/Haitian
entrant” under REAA 80.
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IMPORTANT: “Cuban/Haitian entrant” status for benefit eligibility purposes may not be directly
related to an alien's current DHS immigration status. Therefore, the alien's documentation
may not readily identify the individual as a “Cuban/Haitian entrant.” Consider whether
the individual meets the criteria for each of the categories in SI 00502.108B.1. through SI 00502.108B.6. before making a determination that an alien is not a “Cuban/Haitian entrant” or in a status that is to be treated as a “Cuban/Haitian
entrant.”
Contact the Regional Office for assistance after all development (see SI 00502.115E.9.), if:
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Cuban/Haitian entrant status is questionable; or
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You do not have sufficient information to allow or deny the claim.