TN 3 (11-05)

RS 00204.020 Developing Lawful Presence of an Alien in the U.S.

A. Policy

Establish an alien's U.S. lawful presence prior to adjudicating the benefit application based on:

  • SSA Systems Records--if the MBR, SSR, or cleared/archived MCS/MSSICS screen(s) displays an acceptable proof code and sufficient evidence coding is on the prior remarks screen (e.g., RMKS or ARMK) to establish current U.S. lawful presence. In order for the information contained on the SSA systems record to be acceptable proof of U.S. lawful presence in the current claim, it must indicate an alien whose status does not need re-verification and not be discrepant from or conflict with the information in the current claim. See RS 00204.020B for instructions on establishing U.S. lawful presence based on SSA systems records.

    EXCEPTION: Numident coding is NOT acceptable evidence of an alien's U.S. lawful presence as described in RS 00204.020B.2.

  • Unexpired Immigration Documents Issued by the Department of Homeland Security (DHS)--or Information provided by that Agency. See the exceptions, listed in RS 00204.020C.1., to the rule that the immigration document submitted be original and unexpired.

  • Executive Office of Immigration Review (EOIR) documentation--issued to certain aliens who are allowed in the United States. See RS 00204.020C.10.b. for instructions on establishing U.S. lawful presence based on an order issued by an EOIR Immigration Judge.

Verify Immigration documentation:

  • In initial Claim Situations--when a DHS-issued document is submitted per the instructions in RS 00204.020C.

  • In Post-Entitlement Situations--when fraud is suspected or re-verification of immigration status is indicated. See the instructions in RS 00204.020C.3. for instructions on detecting fraudulent documents. See the instructions in RS 00204.020E.2. for a definition of “an alien needing re-verification.” See GN 00303.610C for instructions on how to verify an immigration document that is expired or invalid.

REFERENCES: See the instructions in RS 00204.010B.2. and RS 00204.010B.3. for a list of benefit applications affected by the U.S. lawful presence provisions. Obtain immigration documentation in RS 00204.025. Verify the alien's immigration status with DHS per instructions in RS 00204.020C. See the exceptions, listed in RS 00204.020C.1., to the rule that the documents submitted be original and unexpired. Interpret DHS's verification response per instructions in RS 00204.020C.5. (online SAVE), RS 00204.020C.7. (Form G-845), and RS 00204.020C.9. (Supplement to Form G-845).

B. Procedure – review SSA systems records

CAUTION: The conditions in RS 00204.020A must be met before the SSA systems record can be used to establish evidence of U.S. lawful presence.

1. Establish evidence of U.S. lawful presence for the current claim based on a previously established title II/XVI claim

a. MBR

  • If review of the Lawful Presence (LAW PRS) data line of the MBR indicates a previously established title II claim and U.S. lawful presence is proven (PROOF field is “YES”) and STATUS field shows "LAPR" or "NO REVERIF NEEDED, AND

  • If a review of the archived MCS claim screens, e.g., DW01, RMKS, etc., do not indicate that Numident coding was used to establish LAPR alien status.

b. MCS

  • If review of the archived MCS claim Client Lawful Presence Payment Provision (CLLP) screen indicates a previously established title II claim and U.S. lawful presence is proven (CLIENT EVER LAWFULLY PRESENT IN U.S. is “Y” and PROOF is “Y”) and permanent (ALIEN STATUS CODE is “1. ALIEN LAWFULLY ADMITTED FOR PERMANENT RESIDENCE [LAPR]” or “2. ALIEN DOES NOT NEED REVERIFICATION [OTHER THAN LAPR],” AND

  • If a review of the RMKS, DW01, or other screens do not indicate that the Numident coding was used to establish alien status.

c. SSR

If the claimant is currently entitled to SSI, a review of the archived MSSICS screens, e.g., DW01, RMKS, etc., do not indicate that the coding on the Numident was used as evidence establish LAPR alien status, and the SSR indicates an AR code of:

  • “K.” – Permanent resident alien (see RS 00204.025B.1.a. for additional information on aliens who are LAPR);

  • “S” – Alien granted lawful permanent residence (1986 IRCA, see GN 00303.420A);

  • “Y” – Legalized special agricultural worker (see GN 00303.420A.3.); or

  • “3” – Amerasian Immigrant as defined in section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988 (P.L. 100-202).

d. MSSICS

If the claimant is currently entitled to SSI, a review of the archived MSSICS screens, e.g., DW01, RMRKS do not indicate that the coding on the Numident was used as evidence establish LAPR alien status, and the Alien Data (AALN) screen indicates a:

  • U.S. ENTRY DATE field is coded with a date equal to or earlier than the current application filing date;

  • ALIEN STATUS field is coded “K”, “S”, “Y”, and “3” (see RS 00204.020B.1.c. for code definitions); AND

  • ALIEN STATUS VERIFIED field is coded “Y” (yes).

2. If the Numident shows an IDN code of “H” obtain additional documentary evidence in order to establish U.S. lawful presence

The IDN code of “H” on the Numident indicates that the claimant has permanent work authorization. Aliens who are lawfully admitted for permanent residence (LAPR), refugees, asylees and citizens of Compact of Free Association (CFA) States (currently Republic of the Marshall Islands, the Federated States Micronesia, and Republic of Palau) are aliens who have been granted permanent work authorization by DHS. The claimant's immigration status may have changed since the document was issued or the enumeration record with the IDN code of “H” was established. Therefore, develop evidence of U.S. lawful presence for an alien alleging status as LAPR per instructions in RS 00204.025B.1.a., a refugee per instructions in RS 00204.025B.1.d., and an asylee per instructions in RS 00204.025B.1.e.

C. Procedure – verify immigration documentation

Follow these instructions to verify an alien's immigration document submitted for the purpose of establishing U.S. lawful presence. See RS 00204.025 for documentation requirements for each category of U.S. lawful presence.

  • An alien's U.S. lawful presence is verified when:

    • The alien submits an “acceptable” immigration document (see the note in the next bullet and RS 00204.020C.1. through RS 00204.020C.3. for what we mean by an “acceptable” document) indicating the alien's immigration status (see RS 00204.025 for evidentiary requirements for each category of U.S. lawful presence); AND

    • The information on the online Systematic Alien Verification for Entitlement (SAVE) query response received from DHS confirms the alien's immigration status (see RS 00204.020C.4. and RS 00204.020C.5. for information about the SAVE query); OR

    • If an exception to online SAVE verification exists (RS 00204.020C.4.a.), the verification response to a Form G-845 request (RS 00204.020C.7.), and, if required, a Supplement to Form G-845 request (RS 00204.020C.9.) confirms the alien's immigration status.

    NOTE: An “acceptable” document means that it is the right form as indicative of a particular alien lawfully present status (e.g., an I-551 for LAPRs) and it is a document that meets SSA's standard for probative value (i.e., we can tell that it's authentic).

  • See instructions in RS 00204.020C.5.d. when an alien who was lawfully admitted for permanent residence (LAPR) may have become a naturalized U.S. citizen but the online SAVE query response does not confirm this.

  • CAUTION: Never ask a claimant/beneficiary to mail his or her immigration document to SSA. Under the law, noncitizens 18 years of age or older in the U.S. must have immigration documentation in their possession at all times. If they do not, they are subject to fine and/or imprisonment.

1. Request the original immigration document

The claimant must submit an original document or a copy certified by the issuing agency. Please review the Exceptions in this subsection. In general, the document must be currently valid except as indicated in RS 00204.020C.1.b. The document must be one that SSA accepts as evidence of U.S. lawful presence as indicated in RS 00204.025. If the claimant submits an unacceptable document, ask him/her to submit one that is.

a. Receipt for an application form filed for an immigration benefit or document submitted

In general, a receipt for an application form filed for an immigration benefit or document is not acceptable evidence of U.S. lawful presence.

EXCEPTION: Follow instructions in RS 00204.025B.4.g. for an alien who is the spouse or child of a United States citizen whose visa petition has been approved and the alien has a pending application for adjustment of status.

b. Copy of immigration document submitted

A copy of a DHS document (rather than an original) is not acceptable evidence of U.S. lawful presence.

EXCEPTION: Follow instructions in RS 00204.025B.1.e. if the claimant is an asylee and submits an order from the Immigration Judge or the Board of Immigration Appeals (BIA) that is not an original copy.

c. Expired or invalid immigration document submitted

In general, an expired or invalid (i.e., a document that is no longer in use such as the I-151) immigration document is not acceptable evidence of U.S. lawful presence. See RS 00204.040 for field office and Workload Support Unit (WSU) instructions for documenting U.S. lawful presence needing re-verification. See GN 00303.610C for instructions on how to verify an immigration document that is expired or invalid.

EXCEPTIONS:

  • An expired document is acceptable if the claimant, who is now a U.S. citizen, needs to establish status as a lawfully present alien at some point in the past during the retroactive life of a Title II application. Also, a claimant, who is still an alien, could have multiple periods of status as a lawfully present alien where a new period begins where another leaves off. This is especially true of parolees. Each I-94 could have an expiration date, but taken all together, they establish a continuous period of lawful presence. See the instructions in RS 00204.020C.6.c. to verify immigration status for a prior period.

  • An expired I-94 (Arrival/Departure Record) or Employment Authorization Document (EAD) issued to an alien alleging Temporary Protection Status (TPS) may be accepted if alien status is verified by the DHS per instructions in RS 00204.025B.4.b.

  • An expired I-94 (Arrival/Departure Record) or Employment Authorization Document (EAD) issued to an alien alleging status under Deferred Enforcement Departure (DED) may be accepted if alien status is verified by the DHS per instructions in RS 00204.025B.4.e.

d. Alien submits form I-151 as evidence of LAPR status

Form I-151 (Alien Registration Card) is no longer a valid immigration document. DHS last issued this document in 1977. Because the I-151 lacks security features, it presents more opportunities for fraud than other documents. From 1992 through 1996, the former Immigration and Naturalization Service (now DHS) conducted a “Green Card Replacement” project to replace these cards. However, some applicants (e.g., elderly people in nursing homes) may not have replaced their old I-151 cards. Although the card is not a valid immigration document, the person may still be in LPR status. Verify the applicant's status with DHS by querying SAVE per instructions found in GN 00303.610B.6.a. All LPR records are maintained in DHS databases or in their Records Division. If your SAVE query provides the necessary information, (verifies LPR status, etc.) process accordingly. If the I-151 is very old, the record may have dropped off the SAVE database and a manual search will be needed. Submit a verification request to DHS via the G-845 process (RS 00204.020C.4.). Be aware that manual searches through the DHS Records Division may take up to six months to complete.

If it appears the person was/is physically or mentally able to comply with the “Green Card Replacement” project but did not do so, refer the person to the Department of Homeland Security to get a Permanent Resident Card.

2. Visually examine the immigration document

View the document under both natural and black light to see if the document's characteristics and security features conform to those described in the online Administrative Confidential Memorandum ACM. See the instructions in RM 10210.205 when reviewing the DHS document.

3. Detect a fraudulent/suspect DHS document

If the immigration document is suspected of being fraudulent because it does not conform to the characteristics of an authentic document described in the Administrative Confidential Memorandum (ACM), the claimant should be referred to an SR, CR, FR, or OS for interviewing. Interviewers should:

  • Ask the claimant about discrepancies between the submitted documents and the information on the application for benefits. Ask the claimant how, when and where the applicant obtained the suspected documents.

  • Record the information on the Report of Contact (RPOC) screen or on an SSA-5002. If unable to obtain the information, document the reasons why.

  • Tell the claimant that SSA cannot pay benefits without verifying the information on the document.

  • Photocopy both sides of the document.

  • Return the document to the claimant.

  • If the document contains an Alien Registration “A” number (RS 00204.020E.3.) or admission number (RS 00204.020E.4.), query SAVE to see what information the query response provides about the alien's immigration status. However, do not use the SAVE query response to confirm immigration status when a fraudulent/suspect document is submitted.

  • Complete Form G-845 (Request for Document Verification) per instructions in RS 00204.020C.5. Do not query the online SAVE program.

  • If fraud is suspected, forward all documentation to the Office of Inspector General (OIG) for investigation per instructions in GN 04111.000.

IMPORTANT: In the course of the interview, do not indicate to the bearer of the document that you believe it may be fraudulent/suspect.

4. Query the online SAVE program

Use the SAVE program to verify DHS documents for benefit payment under the U.S. lawful presence payment provisions. See MSOM INTRANET 002.001 SAVE - Systematic Alien Status for Entitlements - Overview through MSOM INTRANET 002.018 SAVE - Agency Ad-Hoc Report Standard for how to use the SAVE program. See the instructions in RS 00204.020C.5. for interpreting the online SAVE query response.

a. When to query the online SAVE program

Verify the information on the immigration document via the online SAVE program if all of the following are met:

  • The document is unexpired (or if the document is expired, an exception in RS 00204.020C.1.b. exists that allows SSA to accept the document). Also, see the instructions in RS 00204.020C.6.c. to verify immigration status for a prior period.

  • The document appears authentic, and

  • The document contains an Alien Registration Number (A-Number) or Admission Number.

NOTE: If the alien has been in the U.S. for less than 10 days, hold the claim until the claimant has been in the U.S. for 10 days and then query SAVE.

IMPORTANT: Do not terminate development or suspend benefits based solely on the SAVE query response when it does not confirm the alleged status. If the SAVE query response does not confirm the alien is lawfully present in the U.S., verify his/her immigration status via Form G-845 (RS 00204.020C.6.) and, if required, the Supplement to Form G-845 (RS 00204.020C.8.).

b. When the SAVE query response cannot be used as verification

Do not query SAVE or use a SAVE query response to verify immigration status if:

  • You suspect that the document is fraudulent (RS 00204.020C.3.);

  • The document does not contain an alien registration number (A-Number) or admission number (see RS 00204.020E.3. and RS 00204.020E.4., respectively for definitions of these terms);

  • The online SAVE query response information does not agree with the information on the immigration document (RS 00204.020C.5.b.); OR

  • The SAVE query response “Eligibility Statement” line message is “Institute Additional Verification,” “Not In Table,” or “United States Citizen.” See instruction in RS 00204.020C.5.d. for an explanation of these online SAVE query responses;

  • If the online SAVE query response cannot be used to verify immigration status, AND the immigration status is OTHER THAN asylee, refugee, or parolee, request DHS verification via Form G-845 (Request for Document Verification) as instructed in RS 00204.020C.6. If appropriate, use the Supplement to Form G-845 as instructed in RS 00204.020C.8.;

  • If the online SAVE query response cannot be used to verify immigration status, AND the immigration status is asylee, refugee, or parole, verify immigration status per instructions in RS 00204.020C.10.

5. Interpret the online SAVE query response

a. General

The response to an online SAVE query propagates certain information to the SSA SAVE screen which the DHS database has for the A-Number or admission number entered for the query. This information includes the following:

  • Last name;

  • First name;

  • Date of birth;

  • Country of birth;

  • SSN;

  • Date of entry;

  • Verification number;

  • A code indicating immigration status;

  • Date admitted to; and

  • Eligibility statement.

Compare the online SAVE query response information with the immigration document(s) submitted.

If there is a discrepancy in any of the information (e.g., name, date of birth, date of entry, “Class of Admission” code, “Eligibility Statement” message, date admitted to, and country of birth), then the document submitted may not be authentic. Follow the instructions in RS 00204.020C.5.b. when a discrepancy is discovered. This may be the case even though the online SAVE query response indicates that the immigration documents were issued to an alien with that A-Number or admission number. Discrepancies in the fields listed in this paragraph are not necessarily the only discrepancies indicating that the document may be fraudulent. The adjudicator must compare all the evidence in file and the claimant's allegations with regard to his/her immigration status when determining whether fraud is an issue in the case.

In general, if the information on the SAVE query response does not exactly match the information on the documents submitted, verify the immigration document(s) per instructions in RS 00204.020C.4.b.

b. Online SAVE query response differs from the information on immigration document

  • Single Character Name Discrepancy

    If the ONLY discrepancy between the name shown on the SAVE query response and the name on the immigration document or other information associated with the claim is a single character that is different, then consider the name shown on the online SAVE query response to agree with the name on the immigration document. No further action is required.

    EXAMPLE: The Form I-94, I-94 w/Unexpired Foreign Passport, the foreign passport, and visa in the foreign passport all show the applicant's first name as “Gabriel.” However, the SAVE query response shows the name as “Garriel.” Since there is a single character discrepancy and all the immigration documents (e.g., passport, visa, and I-94) show the first name as “Gabriel,” consider that SAVE confirm the name information on the immigration document.

  • When the Single Character Tolerance for Name Does Not Apply

    The tolerance for a name discrepancy between the name shown on the SAVE query response and the name on the immigration document indicated in the first bullet in RS 00204.020C.5.b. does NOT apply when:

    • Two letters of the name are transposed (example: the I-94 shows the first name as “Gabriel” and SAVE shows the name as “Garbiel”);

    • One or more letters of the name are missing (example: the I-94 shows the last name as “Gamboa” and the SAVE shows the name as “Gamba”);

    • There are one or more additional letters in the name shown on the SAVE query response (example: the I-94 shows the last name as “Gamba” and the SAVE shows the name as “Gamboa”); or

    • The alien does not have other documents that show the name the way that it is shown on the immigration document (including when the applicant is a refugee, parolee, or asylee).

  • Name Discrepancy Other Than a Single Character

    If the data on the SAVE query response differs in any way other than one character of the name from the name as it is shown on the immigration document (e.g., two characters differ) or the SAVE query response shows any other data discrepancy, verify the claimant's immigration status via instructions in RS 00204.025.

    EXAMPLE: The I-94 shows the first name as '"Gabriel” but the SAVE query response shows the name as “Garbiel.”

  • No Middle Name on SAVE Query Response

    If a middle Name is shown on immigration document but is not shown on SAVE query response, this is not a data discrepancy. Do not verify with the Department of Homeland Security. While the Department of Homeland Security database may have a middle name or initial, the SSA SAVE screen cannot display the middle name (or initial) data.

  • Claimant Has Changed His/Her Name

    In some cases, the claimant may have changed his/her name after the immigration document was issued (e.g., married and is now using the married name) but has not obtained an immigration document showing the new name. In these cases, the DHS system will reflect the name change only if the person provided the name change information to DHS. This is not a name discrepancy for claim purposes when the person has an identity document in the new name. (See GN 00203.020 for verifying identity.) Tell the person he/she must report the name change to the DHS.

  • Development of Discrepancies Other Than the Name

    Use the following table to develop discrepancies (other than name) between the online SAVE query response and the DHS document or other information associated with the claim:

    If…

    And…

    Then…

    And…

    The date of birth on the SAVE query (RS 00204.020C.5.i.) response differs from the date of birth on the immigration document or other information associated with the claim,

     

    Verify the immigration document per instructions in RS 00204.020C.4.b.

     

    The country of birth on the SAVE query (RS 00204.020C.5.j.) response differs from the country of birth shown on the benefit application,

    All other information and evidence submitted agrees with the country of birth as shown on the benefit application,

    Ask the claimant to explain the difference and provide corroborating evidence, e.g., foreign passport, birth certificate, etc.

    Determine if the claimant's explanation and corroborating evidence explain the difference in country of birth. If the claimant is unable to explain the difference and provide corroborating evidence, verify the immigration document per instructions in RS 00204.020C.4.b.

    The SSN on the SAVE query (RS 00204.020C.5.k.) response is not the claimant's SSN,

    The only discrepant data on the SAVE query response is the SSN line,

    No further action is required.

     

    The “Date of Entry” (RS 00204.020C.5.g.) shown on the online SAVE query response differs from the admission date shown on the immigration document or other information associated with the claim,

    The only discrepant data on the SAVE query response is the “Date of Entry” line,

    Do not verify the immigration document.

    Follow instructions in RS 00204.010B.9. to determine if development of the alien's physical presence in the U.S. is required.

    The “Date Admitted To” shown on the online SAVE query response (RS 00204.020C.5.h.) differs from the expiration date shown on the immigration document or other information associated with the claim,

     

    Verify the immigration document per instructions in RS 00204.020C.4.b.

     

    The “Class of Admission” line code shown on the online SAVE query response (RS 00204.020C.5.f. and RS 00204.020C.5.g.) does not agree with the immigration status shown on the immigration document presented (EXAMPLE: The I-94 shows the classification L-1 but the online SAVE query response shows the COA code M-1),

     

    Verify the immigration document per instructions in RS 00204.020C.4.b.

     

    The “Eligibility Statement” message shown on the online SAVE query response (RS 00204.020C.5.d. and RS 00204.020C.5.f.) does not agree with the immigration status or employment authorization indicated on the document submitted (EXAMPLE: The claimant submits an EAD (Employment Authorization Document) Form I-688B/I-766, but the online SAVE query response indicates “Institute Additional Verification”),

     

    Verify the immigration document per instructions in RS 00204.020C.4.b.

     

c. Online SAVE query response information agrees with immigration document

When the online SAVE query response verifies all the information on the immigration document AND the Eligibility Statement line shows a message that does not require further action (e.g., obtaining more information from the applicant or preparing Form G-845, determine that the alien is lawfully present in the U.S. based on the online SAVE query response and other evidence available. Document the MCS claim per instructions in RS 00204.040B (Alien Does Not Need Reverification) or RS 00204.040C (Alien Needs Reverification).

d. Interpret the “Eligibility Statement” message line

The SAVE query response “Eligibility Statement” message provides clarification of the alien's current immigration status and employment eligibility information. Use this response, along with the immigration documentation submitted, to verify the alien's U.S. lawful presence.

Determine that the alien's U.S. lawful presence is verified if the “Eligibility Statement” is:

“Lawful Permanent Resident – Employment Authorized,”

“Refugee – Employment Authorized,”

“Asylee – Employment Authorized,”

“If Principal, Temporary Employment Authorized,” or

“Non-Immigrant.”

NOTES:

  • The “Eligibility Statement” response: “Temporary Employment Authorized” means that the alien has an EAD card but cannot be take to mean lawful presence is always established. In some cases the alien may have an EAD card but not be lawfully present (e.g., an alien with an application for adjustment of status under Section 245 of the INA is generally issued an EAD card and a SAVE query response shows this message but that alien is not lawfully present).

  • The “Eligibility Statement” response: “If Principal, Temporary Employment Authorized,” in general, means that the principal alien is the alien on whose status other family members' status is based. For example, an adult refugee would be the primary alien, his/her spouse or child would be “secondary.”

EXCEPTIONS:

  • If the SAVE “Eligibility Statement” line shows the message “Lawful Permanent Resident -- Employment Authorized” and the documentation submitted to support the claim shows a status other than LAPR, prepare a Form G-845 per instructions in RS 00204.020C.6., and send it to the appropriate DHS office (see RM 10214.200). Attach a copy of the immigration document to the G-845 and add a comment to the G-845 (in section A, item #7) explaining the nature of the discrepancy.

    NOTE: In some cases, an LAPR alien may have become a naturalized U.S. citizen but the SAVE query response does not confirm this (e.g., still provides the message “Lawful Permanent Resident -- Employment Authorized”). In this case, request that the individual provide the Certificate of Naturalization (DHS Form N-550/N-570) or other acceptable evidence of U.S. citizenship (see GN 00303.300). Verify the evidence of U.S. citizenship submitted by the claimant with DHS via Form G-845 only when the Certificate of Naturalization or other evidence of U.S. citizenship does not look authentic upon visual examination.

    EXAMPLE: “The I-94 shows the immigration status is B-2 but the SAVE query response shows the eligibility statement message: “United States Citizen.”

  • If the SAVE “Eligibility Statement” line shows the message: “Refugee – Employment Authorized,” “Asylee – Employment Authorized,” or “Non-Immigrant,” and the DHS documentation submitted to support the claim (see RS 00204.025 for documentation requirements) shows a status other than refugee, asylee, or non-immigrant follow instructions in RS 00204.020C.4.b. to verify U.S. lawful presence.

e. Determine if the “Eligibility Statement” indicates U.S. lawful presence is not verified

Determine that the alien's U.S. lawful presence is NOT verified by the SAVE Query response in any of the following situations. When the SAVE query response cannot be used to verify immigration status, follow instructions in RS 00204.020C.4.b.

  • The “Eligibility Statement” is:

    • “Institute Additional Verification,”

    • “United States Citizen.”

  • The “Eligibility Statement” line shows “United States Citizen,” the DHS has information that the person assigned that A-Number is now a U.S. citizen.

  • The SAVE query response is “Institute Additional Verification,” this does not mean information for the person is not in a DHS database, just that the information confirming the person's immigration status is not part of the data that is provided to SSA online.

NOTE: Use the table in RS 00204.020C.5.f. when determining if the “Eligibility Statement” message on the online SAVE query response agrees with the information on the DHS-issued document submitted.

f. Interpret the “Class of Admission (COA)” line

  • General

    In general, the code on the “Class of Admission” line indicates the person's immigration status. Always check the “Eligibility Statement” line (RS 00204.020C.5.d. and RS 00204.020C.5.f.) to determine if the SAVE query response confirms the applicant's immigration status.

  • Non-immigrants

    • The alien must have been issued an I-94 showing a non-immigrant alien classification.

    • When the alien was admitted as a non-immigrant, the code shown on this line generally indicates the non-immigrant classification when the person was last admitted. Examples: code “L1” means the alien was admitted as an L-1 intra-company transferee, code “B2” means the person was admitted as a visitor for pleasure (tourist). For a complete listing of non-immigrant visa categories, visit the website at U.S. Citizenship and Immigration Services (USCIS)

    • Do not verify non-immigrant status based on an expired I-94. If the alien was admitted as a non-immigrant, and that status has expired, ask the claimant to obtain an unexpired immigration document and verify status per instructions in RS 00204.020C.

  • “Class of Admission” Line Coded “USC”

    When DHS has information that the alien has naturalized, the “Class of Admission” line shows code “USC,” meaning the person is a U.S. citizen.

    See the table in RS 00204.020C.5.f. for the codes that appear on the “Class of Admission” line of the online SAVE query response that confirm U.S. lawful presence based on Department of Homeland Security's documentation.

CAUTION: If the alien is lawfully present in the U.S., the “Class of Admission” code will not confirm the section of the law that is the basis for the alien's U.S. lawful presence. You must establish this by examining the immigration documentation submitted by the alien. For example, when you verify that an alien is paroled into the U.S. under section 212(d)(5) of the INA for a period of at least 1 year, the online SAVE query response may indicate an “Class of Admission” code of “DT” (parolee). You must establish the provision of the law under which he/she was paroled into the U.S. and the period of stay by examining the Form I-94 or Form I-688B (depending on which form the alien submitted in support of the claim).

g. Review the following table containing “Eligibility Statement” messages and “Class of Admission” codes

The following table contains responses you will receive when querying the online SAVE program based on immigration documentation submitted by the claimant to establish U.S. lawful presence.

REMINDER: Before querying the online SAVE program, you must first obtain and examine the Department of Homeland Security documentation as instructed in RS 00204.020C.1. through RS 00204.020C.3. to establish the alien's immigration status.

If the Alien's Current Immigration Status is…

Then the “Eligibility Statement” Message Must Be …

And the “Class of Admission” Line Must Be Coded…

Lawfully admitted for permanent residence (LAPR) in the U.S. (see instructions in RS 00204.025B.1.a. for evidentiary requirements),

“Lawful Permanent Resident – Employment Authorized,”

IMPORTANT: Also follow instructions in RS 00204.020C.5.f. when interpreting the online SAVE query response for LAPR aliens.

With the three-position code indicating the section of the law that allowed the person to be admitted as (or adjust status to) an alien lawfully admitted for permanent residence. For example, code “DV1” means the person is a diversity immigrant, code “IR3” means the person is an orphan adopted abroad by a U.S. citizen, and code “FX1” means the person is the spouse of a LAPR alien. If the “Class of Admission” code is “ABD” (abandoned LAPR status) or “PEN” (pending DHS action), verify immigration status via Form G-845 per RS 00204.020C.6.

NOTE: On the current version of the I-551, this three-position code appears on the front of the card under “Category.”

Granted conditional entry pursuant to section 203(a)(7) of the Immigration and Nationality Act (INA) as in effect prior to 4/1/80 (see instructions in RS 00204.025B.1.b. for evidentiary requirements),

  

Paroled into the U.S. under section 212(d)(5) of the INA for a period of at least 1 year (see instructions in RS 00204.025B.1.c. for evidentiary requirements),

  • “Non-Immigrant” (when the alien has not been issued an EAD) or

  • “Temporary Employment Authorized” (when the alien has been issued an EAD),

CC, CH, CP, DA, or DT.

A refugee admitted to the U.S. under section 207 of the INA (see instructions in RS 00204.025B.1.d. for evidentiary requirements),

“Refugee – Employment Authorized,”

RE, RE1, RE3, RE4, RE5, or RF.

Granted asylum under section 208 of the INA (see instructions in RS 00204.025B.1.e. for evidentiary requirements),

“Asylee – Employment Authorized,”

AS1 (asylee, principal), AS2 (spouse of principal asylee), or AS3 (child of principal asylee).

An alien whose deportation is being withheld under section 243(h) of the INA as in effect prior to 4/1/97, or whose removal has been withheld under section 241(b)(3) of the INA (see instructions in RS 00204.025B.1.f. for evidentiary requirements),

Online SAVE cannot be used to verify immigration status for this category. There either is no data in the DHS system or the data online does not provide sufficient information to confirm the lawful presence status. Verify immigration status via Form G-845 per instructions in RS 00204.020C.6.,

 

An alien who is a “Cuban/Haitian entrant” under one of the four categories in section 501(e) of the Refugee Education Assistance Act (REAA) of 1980 (see instructions in RS 00204.025B.1.g. for evidentiary requirements),

Do not verify immigration status via online SAVE. Instead, verify Cuban/Haitian entrant status using Form G-845 (Request for Verification) per instructions in RS 00204.020C.6.,

 

Qualified Alien Based on Battery or Extreme Cruelty. Under certain circumstances, an alien who has been subjected to battery or extreme cruelty, or whose child or parent has been subjected to battery or extreme cruelty, can be determined to be a qualified alien based on those circumstances under Section 501 of Public Law 104-208 or Section 5571 of Public Law 105-33 (see instructions in RS 00204.025B.1.h. for evidentiary requirements),

  • “Non-Immigrant” (when the alien has been issued an I-94 or has an I-94 in an Unexpired Passport showing alien classification U-1, U-2, U-3, or U-4 (but was not issued an EAD) or

  • “Temporary Employment Authorized” (when the alien has been issued an EAD),

IMPORTANT: Not all qualified aliens based on battery or extreme cruelty have the “U” non-immigrant visa. The evidence and verification requirements for establishing qualified alien status based on battery or extreme cruelty for SSI purposes are in SI 00502.116F.4.

“U1,” “U2,” “U3,” or “U4.”

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), (see instructions in RS 00204.025B.2.a. for evidentiary requirements),

  • “Non-Immigrant” (employment authorization is not inherent in the non-immigrant classification (e.g., B-2),

  • “Temporary Employment Authorized (when employment authorization is inherent in non-immigrant classification (e.g., L-1 or TN) or the non-immigrant has been issued an EAD), or

  • “If Principal, Temporary Employment Authorized” (when the non-immigrant classification is one where all family members have the same code (e.g., E-1) but only the principal alien has employment authorization inherent in that classification),

IMPORTANT: Also follow instructions in RS 00204.020C.5.f. when interpreting the online SAVE query response for non-immigrants.

With a code indicating the non-immigrant classification (e.g., B2) when the alien was admitted to the U.S.

A non-immigrant without immigration documentation, e.g., a Canadian-born American Indian or a non-citizen Indian who is a member of a Federally recognized Indian tribe — such as a Mexican-born member of the Texas Band of Kickapoo Indian), (see instructions in RS 00204.025B.2.b. for evidentiary requirements),

Because an alien in this immigration category has not been issued documentation from DHS, there is no requirement to verify status with that Agency,

 

A non-immigrant under the Visa Waiver Pilot Program under section 217 of the INA, (see instructions in RS 00204.025B.2.c. for evidentiary requirements),

“Non-Immigrant,”

“WT” or “WB.”

A Canadian or Mexican professional admitted under the North American Free Trade Agreement (NAFTA), (see instructions in RS 00204.025B.2.d. for evidentiary requirements),

  • “Non-Immigrant” (when employment authorization is not inherent in non-immigrant classification (i.e., TD) or

  • “Temporary Employment Authorized (when employment authorization is inherent in non-immigrant classification (i.e., “TN,” “TN1” (Canadian), or “TN2” (Mexican)),

“TN,” “TN1,” “TN2,” or “TD.”

A border crosser holding a Border Crossing Card (DSP-150) issued by the Department of State as a laminated card or a visa in a passport, (see instructions in RS 00204.025B.2.e. for evidentiary requirements),

“Non-Immigrant” (if the alien was also issued an I-94 or has an I-94 in an Unexpired Passport). Otherwise, there is no “Eligibility Statement” message for this lawful presence category,

“B1/B2” (if DHS also issued the alien an I-94). Otherwise, there is no specific “Class of Admission” line code for this lawful presence category.

A crew member holding a landing permit (see instructions in RS 00204.025B.2.f. for evidentiary requirements),

“Non-Immigrant,”

“D1” or “D2.”

A citizen of the Compact of Freely Associated (CFA) States, formerly the Trust Territories of the Pacific Islands (see instructions in RS 00204.025B.2.g. for evidentiary requirements),

“Non-Immigrant,”

“PI.”

A Citizen/Resident of Canada or Bermuda, Islands (see instructions in RS 00204.025B.2.h. for evidentiary requirements),

“Non-Immigrant,”

“B1” or “B2.”

An alien who has been paroled into the U.S. under section 212(d)(5) of the INA for less than 1 year (see instructions in RS 00204.025B.3. for evidentiary requirements),

  • “Non-Immigrant” (when the alien has not been issued an EAD or

  • “Temporary Employment Authorized” (when the alien has been issued an EAD),

“CC,” “CH,” “CP,” “DA,” or “DT.”

An alien currently in temporary resident status pursuant to section 210 or 245A of the INA (see instructions in RS 00204.025B.4.a. for evidentiary requirements),

“Section 210 Temporary Resident—Employment Authorized,”

NOTE: There is no “Eligibility Statement” or “Class of Admission Code” for aliens in temporary resident status pursuant to section 245A of the INA. Verify immigration status for aliens in this category via Form G-845 per instructions in RS 00204.020C.6.,

TA

An alien currently under Temporary Protected Status (TPS) pursuant to section 244 of the INA (see instructions in RS 00204.025B.4.b. for evidentiary requirements),

Temporary Employment Authorized” (if the alien has been issued an EAD),

“TPS.”

A Cuban-Haitian entrant, as defined in section 202(b) of P.L. 99-603, as amended, (see instructions in RS 00204.025B.4.c. for evidentiary requirements),

Do not verify immigration status via online SAVE. Instead, verify Cuban/Haitian entrant status using Form G-845 (Request for Verification) per instructions in RS 00204.020C.6.,

 

A Family Unity beneficiary pursuant to section 203 of the INA, as amended (see instructions in RS 00204.025B.4.d. for evidentiary requirements),

Online SAVE cannot be used to verify immigration status for this category. There either is no data in the DHS system or the data online does not provide sufficient information to confirm the lawful presence status. Verify immigration status via Form G-845 per instructions in RS 00204.020C.6.,

 

An alien currently under Deferred Enforcement Departure (DED) pursuant to a decision made by the President (see instructions in RS 00204.025B.4.e. for evidentiary requirements),

Online SAVE cannot be used to verify immigration status for this category. There either is no data in the DHS system or the data online does not provide sufficient information to confirm the lawful presence status. Verify immigration status via Form G-845 per instructions in RS 00204.020C.6.,

 

An alien currently in deferred action status pursuant to DHS operating instructions at OI 242.1(a)(22) (see instructions in RS 00204.025B.4.f. for evidentiary requirements),

Online SAVE cannot be used to verify immigration status for this category. There either is no data in the DHS system or the data online does not provide sufficient information to confirm the lawful presence status. Verify immigration status via Form G-845 per instructions in RS 00204.020C.6.,

 

An alien who is the spouse or child of a United States citizen whose visa petition has been approved and the alien has a pending application for adjustment of status, (see instructions in RS 00204.025B.4.g. for evidentiary requirements),

NOTE: These are visa category “V” non-immigrants (covered under the LIFE Act of 2000).

  • “Temporary Employment Authorized” (when the alien has been issued an EAD) or

  • “Non-Immigrant” (when the alien has not been issued an EAD) but has an I-94 showing V-1, V-2, or V-3 alien classification,

There is no specific “Class of Admission” line code for this lawful presence category.

Certain applicants for asylum or withholding of removal (see instructions in RS 00204.025B.5. for evidentiary requirements),

“Temporary Employment Authorized” (when the alien has been issued an EAD),

“AS,” when the alien has applied for asylum but no decision has yet been made on that application. Otherwise, there is no specific “Class of Admission” line code for this lawful presence category.

h. Interpret the “Date of Entry” line

The date of entry to the U.S. is shown in MMDDYYYY format. It is either the most recent admission into the U.S. for a non-immigrant or, for an LAPR, the date he or she adjusted to LAPR status or was admitted as an LAPR. The date of entry is not always the same as date of the alien was admitted to the U.S.

i. Interpret the “Date Admitted To” line

The date, shown in MMDDYYYY format, is when non-immigrant status ends. In certain situations (e.g., F-1 students and J-1 exchange visitors) the date shown is “D/S,” meaning the non-immigrant status expires when the program for which the non-immigrant was admitted is completed. Use this date to verify when an alien's lawful presence in the U.S. ends. See the instructions in RS 00204.010B.7. when an alien's lawful presence status changes during a given month. See RS 00204.010B.1. for instructions on how the U.S. lawful presence provisions affects an alien departing the U.S.

j. Interpret the “Date of Birth” line

The date of birth is shown in MMDDYYYY format.

k. Interpret the “Country of Birth” line

The name of the country of birth is shown when an “A” number was entered to query SAVE. The country of birth is not always the same as the person's nationality (country of citizenship).

l. Interpret the “Social Security Number” line

When the DHS record shows an Social Security number (SSN), it is shown here when an A-Number was entered to query SAVE. It does not have anything to do with the SSN entered by an SSA employee on the query screen. In almost all cases, the SSN in the Department of Homeland Security record was provided by the alien and may or may not be accurate. If the SSN data shown on the SAVE query response is incorrect, do not verify this information or request DHS correction.

6. Complete Form G-845 (Request for Verification)

Form G-845 is a DHS form used to verify immigration status of noncitizens who submit immigration documents to support a claim for a federal or State benefit payment. See the instructions in RS 00204.020C.7. when interpreting the DHS response to a Form G-845 request.

a. When to Complete Form G-845

Complete Form G-845 when the alien alleges U.S. lawful presence in a category in RS 00204.025 AND the online SAVE query cannot be used to verify immigration status as indicated in RS 00204.020C.4.b.

NOTE: If the alien alleges immigration status in a “qualified alien” category indicated in RS 00204.025B.1., ALSO complete the Supplement to Form G-845 per instructions in RS 00204.020C.8.

IMPORTANT: If the alien alleges U.S. lawful presence as a Cuban/Haitian entrant (either as described in RS 00204.025B.1.g. or RS 00204.025B.4.c.), verify immigration status via Form G-845 AND the Supplement to Form G-845 per instructions in RS 00204.020C.8.

REFERENCES: For instructions on detecting fraudulent immigration documents, see RS 00204.020C.3. For instructions on verifying Department of Homeland Security documents via online SAVE, see RS 00204.025C.4. For instructions on completing Form G-845, see RS 00204.020C.6.b. For instructions on interpreting the DHS response to a Form G-845 request, see instructions in RS 00204.020C.7. For instructions on completing the Supplement to Form G-845, see RS 00204.020C.8.

b. How to complete Form G-845

  • Complete section A per instructions in RM 10214.170.

  • If you suspect the immigration document is fraudulent, check the “Other Information” box in item #7 of section A of the G-845. Attach an SSA-5002 or copy of the RPOC screen with an explanation of why the document does not appear genuine. See instructions in RS 00204.020C.3. for detecting fraudulent documents.

  • If you are completing Form G-845 because of a discrepancy between the information on the immigration document and the online SAVE query response, e.g., a name difference involving more than a single character, write on the G-845 (in section A, item #7) a comment describing the difference.

  • If the documentation submitted to support the claim shows a status other than U.S. citizen and the online SAVE query response indicates “United States Citizen,” write on the G-845 a comment (in section A, item #7) explaining why the document does not appear to be authentic.

  • If you are also completing the Supplement to Form G-845 (as indicated in RS 00204.020C.8.a.), check the “Other Information” box in item #7 of section A of the G-845 and enter “U.S. LAWFUL PRESENCE REQUIRED, SEE ATTACHED.” Attach a copy of the April 2003 version of the Supplement to Form G-845 in SI 00502.115G. See instructions in RS 00204.020C.8. when completing the Supplement to Form G-845.

  • Place in the claim folder a copy of Form G-845 and the DHS document (also include the SSA-5002 if the RPOC screen was not completed as instructed in RS 00204.020C.3.).

  • Enter an issue of “G845” on the DW01 with a 20-day follow-up period. If no response has been received from DHS after 20 federal, working days, follow up by telephone. If DHS does not respond after two followups, refer the case to the RO.

  • Attach a photocopy of both sides of the immigration document to the original G-845.

REMINDER: Make sure that the photocopies of the DHS documents submitted for verification via the G-845 process are legible. If necessary, make pen-and-ink annotations to clarify illegible items. Complete the G-845 using the Electronic Forms system when possible to increase legibility of the form. Route the G-845 and document photocopy to the DHS office indicated on the list of addresses in RM 10214.200.

c. Document verification for a prior period

  • Use the instructions in the following table to document an alien's immigration status for a prior period. The need to verify immigration status for a prior period may arise when:

    • You are verifying immigration status for an alien who alleges status in a category indicated in RS 00204.025;

    • The DHS document submitted only indicates current immigration status;

    • There are prior months of benefit entitlement for which lawful presence must be established based on the current benefit application.

  • If you are completing the Supplement to Form G-845, see instructions in RS 00204.020C.3. for document verification for a prior period.

U.S. Lawful Presence Verification Procedure for a Prior Period

Step

Action

1.

Obtain evidence of the alien's current immigration status per instructions in RS 00204.025.

2.

If a current DHS document is submitted based on one of the following immigration categories:

Complete Form G-845 per instructions in RS 00204.020C.6. to verify current immigration status based on the document submitted and to request information about status for a prior period. Make the following additions to Form G-845:

  • Check the “Other Information” box in item “7” of section “A”;

  • Enter the following comment: “U.S. LAWFUL PRESENCE REQUIRED, SEE ATTACHED; AND

  • Complete the Supplement to Form G-845 per instructions in RS 00204.020C.8.

REMINDER: Attach a photocopy of both sides of the DHS-issued document submitted to establish current immigration status with the G-845 request.

3.

If a DHS document is submitted based on an immigration categories other than those indicated in Step #2, check the “Other Information” box in item “7” in section “A” of the Form G-845 and make the following pen-and-ink annotation in the space below the box: “Please provide the following information: Prior Category of Alien Status; Effective Date of Prior Status; and Date Prior Status Expired.”

REMINDER: Attach a photocopy of both sides of the DHS-issued document submitted to establish current immigration status with the G-845 request.

4.

If the claimant submits an expired DHS document or does not submit a document, ask the claimant to apply for a current immigration document from the U.S. Citizenship and Immigration Services (USCIS) and make a Freedom of Information Act (FOIA) request with USCIS for documentation of immigration status for the prior period, or any months of entitlement based on the current benefit application (visit the USCIS website for information about how to make an FOIA request).

d. Verifying the immigration status of foreign students (F-1 and M-1) and exchange visitors (J-1) non-immigrants

When a non-immigrant (see RS 00204.025B.1.) submits DHS-issued documentation showing F-1, J-1, or M-1 alien classification:

  • Follow the instructions in RS 00204.020C.4. to verify the alien's immigration status via the online SAVE program and the document appears valid.

  • If the document does not appear genuine, do not query online SAVE. Follow instructions in RS 00204.020C.6.b., second bullet, for verifying a suspect document using Form G-845 and mailing it to the DHS office as listed in RM 10210.205 for your office.

  • Follow these instructions if the online SAVE data disagrees with the documents, or if the online SAVE data does not confirm immigration status and the F-1, M-1 or J-1 applicant has been in the U.S. for at least 10 days

    • Fax a G-845 verification request and a special fax cover sheet with a copy of the applicant's Form I-20/DS-2019 and the applicant's I-94 to the Los Angeles Immigration Status Verification unit of DHS (LOS ISV) in California. LOS ISV has been designated by DHS as the sole verification unit to handle these faxed requests. LOS ISV unit will respond to SSA within 5 business days by faxing back the completed G-845s to the requesting SSA office.

      IMPORTANT: For the purpose of verifying an alien's U.S. lawful presence, it is not necessary to verify the alien's employment authorization. Therefore, do not fax an Employment Authorization Document (EAD), generally, Form I-688B or Form I-766, to LOS ISV when verifying an alien's U.S. lawful presence. When verifying F1, J1, or M1 immigration status for enumeration purposes, follow instructions in RM 10211.340 and RM 10211.280.

    • Fill out the SEVIS fax cover sheet per instructions in RM 10211.275.

    • Complete section A of Form G-845 per instructions in RM 10214.170.

    • Fax the materials to LOS ISV per instructions in RM 0211.280. Follow the instructions in RM 10214.170E when timely response is not received from LOS ISV.

  • When LOS ISV verifies F-1, J-1 or M-1 status, it will complete Item 9 of the G-845 as follows:

    • “This document appears valid and relates to an alien who is a non-immigrant.”

    • The alien's class will be annotated, e.g., “F-1.”

  • When LOS ISV cannot verify the F-1, J-1 or M-1 status, it will check the last item block on the G-845, “Other,” and add language, “Unable to verify – refer person to school or program.”

  • You should check the online SAVE program again to see if the query response verifies the immigration status before processing the claim and suspending benefits for failing to meet the requirements of the U.S. lawful presence provisions.

  • You may also check with the school or sponsor before processing the claim and suspending benefits for failure to meet the requirements of the U.S. lawful presence provisions per instructions in RM 10211.395.

7. Interpret Form G-845 response

Use the following table to determine if the DHS response to the G-845 request verifies an alien's U.S. lawful presence based on the immigration document submitted. See RS 00204.020C.6.g. for interpreting the Form G-845 for foreign students (F-1 and M-1) and exchange visitors (J-1).

CAUTION: Mere validity of the document alone, as indicated by DHS's response to a G-845 request, does not confer an alien's U.S. lawful presence. The claimant also must have submitted an immigration document indicating immigration status in one of the categories in RS 00204.025.

If DHS Checks …

And…

Then…

Item 1 (lawful permanent resident alien), or Item 2 (conditional resident alien),

NOTE: DHS checks item 3 whenever it verifies an EAD. Not all aliens issued EADs meet the lawful presence categories.

 

U.S. lawful presence is verified.

Item 4 (alien who has an application pending),

The alien alleges being the spouse or child of a United States citizen whose visa petition has been approved and the alien has a pending application for adjustment of status,

U.S. lawful presence is verified.

Item 5 (alien granted asylum/refugee status) or Item 6 (alien paroled),

NOTE: Not all parolees fall into a lawful presence category.

 

U.S. lawful presence is verified.

Item 7 (Cuban/Haitian Entrant),

NOTE: The Supplement to Form G-845 must also be requested (RS 00204.020C.8.) when verifying Cuban/Haitian entrant status.

The alien alleges being a Cuban/Haitian entrant (as described in RS 00204.025B.1.g. and RS 00204.025B.4.c.),

Interpret DHS's response to the Supplement to Form G-845 per instructions in RS 00204.020C.9.

Item 8 (conditional entrant),

 

U.S. lawful presence is verified.

Item 9 (non-immigrant)

 

U.S. lawful presence is verified.

Item 10 (document appears valid),

NOTE: DHS checks this block when the document (whatever it is) is valid. Not all valid documents establish that the alien is lawfully present (e.g., a document showing the alien is paroled to the U.S. for prosecution in the U.S. does not establish U.S. lawful presence).

 

U.S. lawful presence is verified.

Item 11 (legal alien pending further information),

 

Consider this response as an interim reply and wait for the final decision. If no final response is received within 20 federal workdays, telephone the DHS office.
If no final response is received after two telephone followups, refer the case to the RO.

Item 12 (document not valid),

The document is expired,

Follow RS 00204.020C.1.

Item 12 (document not valid),

The document is not expired,

Refer the case to the OIG for a fraud investigation per instructions in GN 04111.000.

Items 13-15 (no determination can be made),

 

Resubmit the G-845 request with a clear photocopy of both sides of the DHS document.

8. Complete the Supplement to Form G-845

The Supplement to Form G-845, although originally intended to verify certain DHS-issued immigration documents and alien categories for Supplemental Security Income (SSI) eligibility purposes, is also used to verify DHS-issued documents for benefit payment under the U.S. lawful presence payment provisions. See the instructions in RS 00204.020C.9. when interpreting the DHS response to a Supplement to Form G-845 request for information.

a. When to complete the Supplement to Form G-845

Complete the Supplement to Form G-845, in addition to the G-845, when the alien alleges U.S. lawful presence as a “qualified alien” in a category indicated in RS 00204.025B.1. and you are completing Form G-845 as require in RS 00204.020C.6. For instructions on interpreting the Supplement to Form G-845, see RS 00204.020C.9.

b. How to complete the Supplement to Form G-845

This section provides instructions on completing the Supplement to Form G-845 per when verifying a Department of Homeland Security document submitted to establish an alien's U.S. lawful presence.

  • Current Immigration Status (Question #1): Request this information if the alien alleges being in a “qualified alien” status listed in RS 00204.025B.1.

  • Date Alien Entered the U.S. (Question #2): Do not request this information if it is shown on the DHS document.

  • Effective Date of Current Immigration Status (Question #3): Request this information in all cases.

  • Date Current Immigration Status Expires (Question #4): Request this information in all cases.

  • Prior Immigration Status (Question #5): Request this information if the claimant alleges or other information indicates a change in immigration status since the benefit application filing date.

  • Citizenship Status (Question #6): Do not request this information.

  • Special Benefit Provisions for Certain Victims of Abuse (Question #7): Do not request this information to verify U.S. lawful presence based on battery or extreme cruelty. See instructions in RS 00204.025B.1.h. and SI 00502.116 for the evidence requirements and special verification procedures for establishing U.S. lawful presence based on battery or extreme cruelty.

  • Affidavit of Support (Question #8): Do not request this information.

  • Cuban/Haitian Entrant Verification (Question #9): If the alien is a national of Cuba or Haiti, ask DHS to answer the following items on the Supplement to the G-845 by checking the appropriate blocks on the “to be completed by Requesting SSA Office” portion of the supplement:

    • Item 2 - Date of entry into the United States,

    • Item 3 - The effective date of the current immigration status,

    • Item 4 - The date the current immigration status will expire,

    • Item 5 - Information about prior immigration status, and

    • Item 9 - Cuban/Haitian entrant status.

      IMPORTANT: If Category 2(C) or Category 2(B) Cuban/Haitian entrant status with an asylum application is involved (see RS 00204.025B.1.g. for evidence required to establish Cuban/Haitian entrant status as a “qualified alien”), the Department of Homeland Security requires written consent from the alien to disclose information related to the application for asylum. Obtain the individual's consent on Form SSA-8510 (SI 00601.100). Include the consent form with the verification request. Check the block: “See SSA-8510 attached…” in the “To Be Completed by Requesting SSA Office” section of the G-845 Supplement.

  • Absent other arrangements with DHS, allow 30 calendar days, plus 5 days for mail delivery for DHS to process the request before making a follow-up request (RM 10214.170E).

9. Interpret Supplement to Form G-845

  • Use the checked boxes in the “TO BE COMPLETED BY DHS” section of the Supplement to Form G-845 to determine which immigration status establishes the alien's U.S. lawful presence.

  • Use the checked boxes in the “TO BE COMPLETED BY DHS SECTION” of the Supplement to Form G-845 to determine which immigration status establishes the alien's U.S. lawful presence.

  • If DHS checked item #9 (Cuban/Haitian entrant), use the answers in items #9-1 through #9-19 to determine U.S. lawful presence. Follow the instructions in the chart on page #6 of the form to establish U.S. lawful presence. See RS 00204.025B.1.g. for re-verification requirements for Cuban/Haitian entrants who are “qualified aliens.”

CAUTION: The chart and the guidelines on page 6 of the G-845 Supplement may not address every issue affecting Cuban/Haitian entrant status. Contact your regional office for guidance if you cannot determine alien eligibility based on information provided by DHS on the G-845 Supplement.

10. Verify refugee and asylee immigration status when not verified through the online SAVE query response

Follow these instructions if you are unable to verify the alien's immigration status via online SAVE program (RS 00204.020C.4.b.) and the alleged immigration status is refugee or asylee.

a. Refugee admitted to the U.S. under Section 207 of the INA

If the online SAVE query response does not confirm refugee status, verify with the Department of State Worldwide Refugee Processing system (DOS-WRAPS) per instructions in RM 10211.185D. If there is no information on the person in the WRAPS database, verify through the G-845 process per instructions in RS 00204.020C.6.

b. Granted asylum under section 208 of the INA

If the online SAVE query response does not confirm asylee status, call the Executive Office for Immigration Review (EOIR) case status line following procedures in RM 10211.205D. If not verified by the prior methods, verify via the G-845 process per instructions in RS 00204.020C.6.

D. Procedure – obtain non-department of homeland security documentation

DHS cannot verify a document that was issued by another agency (i.e., a passport issued by a foreign country or a visa issued by the U.S. Department of State). See instructions in RS 00204.025B.2. for establishing U.S. lawful presence for aliens admitted to the U.S. without DHS-issued documenta