BASIC (11-96)

RS 00204.095 Notice Language

Policy

This section provides paragraphs, identified by universal text identifier (UTI) numbers, necessary to prepare initial and postentitlement notices involving the lawful presence requirement.

UTI G46: Payment Possible To Other Family Member-Benefits Delayed-Beneficiary Not Lawfully Present in U.S.

Even though we cannot pay you benefits, we may be able to pay other individuals if they are entitled on this record.

This UTI will be generated whenever UTI S24 is requested on input. Sequence under heading "Rules For Lawful Presence In the U.S.,” immediately following UTI S25.

UTI J13: Reminder To Inform Us If Alien Status Changes

Based on the information we have, your lawfully present status will end (fill-in). To receive benefits after that date, you must give us new evidence by (fill-in) about your status. This evidence must show that your status has been extended or changed to another lawfully present category. If we do not receive this evidence by (fill-in) we will stop your benefits.

Fill-in: (Date lawful alien status expires)

Request on input. When requested, this UTI will immediately follow the opening statement (G49).

UTI J15: Alien Suspension-Requirements for Resumption of Benefits

Let us know right away if you become a U.S. citizen, if your alien status changes, or if you leave the U.S. To receive benefits in the U.S., you must be a U.S. citizen or national, or lawfully present in the U.S. as defined by the Attorney General as an alien:

  • lawfully admitted for permanent residence;

  • admitted as a refugee under section 207 of the Immigration and Nationality Act (INA);

  • granted asylum under section 208 of the INA;

  • paroled under section 212(d)(5) of the INA (except for aliens paroled for an exclusion hearing or prosecution in the U.S.);

  • whose deportation is being withheld under section 243(h) of the INA;

  • granted conditional entry as a refugee under section 203(a)(7) of the INA as in effect prior to April 1, 1980;

  • inspected and admitted to the U.S. and who has not violated the applicable terms of his/her status;

  • with a pending application for political asylum under section 208 of the INA or a pending application for withholding of deportation under section 243(h) of the INA, and employment authorization; or

  • belonging to any specific class of aliens permitted to remain in the U.S. under U.S. law or policy, for humanitarian or other public policy reasons.

Request on input and place under heading “Your Benefits.”

UTI R02: Reinstatement-Alien Provided Evidence That He Is Lawfully in U.S.

We have started to pay you again because you have provided evidence that you are lawfully present in the U.S.

Request on input and sequence immediately following UTI G53.

UTI S24: Benefits Delayed-Beneficiary Not Lawfully Present in U.S.

Under the law we can pay you for any month you are lawfully present in the U.S. To receive benefits, you must be a U.S. citizen or national, or lawfully present in the U.S., defined by the Attorney General as an alien:

  • lawfully admitted for permanent residence;

  • admitted as a refugee under section 207 of the Immigration and Nationality Act (INA);

  • granted asylum under section 208 of the INA;

  • paroled under section 212(d)(5) of the INA (except for aliens paroled for an exclusion hearing or prosecution in the U.S.);

  • whose deportation is being withheld under section 243(h) of the INA;

  • granted conditional entry as a refugee under section 203(a)(7) of the INA as in effect prior to April 1, 1980;

  • inspected and admitted to the U.S. and who has not violated the applicable terms of his/her status;

  • with a pending application for political asylum under section 208 of the INA or a pending application for withholding of deportation under section 243(h) of the INA, and employment authorization; or

  • belonging to any specific class of aliens permitted to remain in the U.S. under U.S. law or policy, for humanitarian or other public policy reasons.

Request on input and place as the 1st UTI under the caption “Rules For Lawful Presence in The U.S.”

UTI S25: Requirement Not Met For Payment As An Alien Lawfully Present in the U.S.

Based on the information we have, you do not meet the above requirement. We may begin to pay you benefits if your alien status changes or if you leave the U.S. We will send you another letter if we begin your benefits.

This UTI will be systems generated whenever UTI S24 is requested on input. Sequence under the caption “Rules For Lawful Presence in the U.S.,” immediately following UTI S24.

UTI S26: Benefits Suspended-Failure to Meet Requirements To Be Considered Lawful