TN 12 (05-05)

SI 00502.130 Documentary Evidence of Qualified Alien Status

A. General

Use the following documentary evidence in conjunction with the Department of Homeland Security (DHS) verification provided via the online SAVE response (primary verification) or the Form G-845 and the Supplement to the G-845 (secondary verification) to establish qualified alien status. See SI 00502.115G. for an exhibit of the Supplement to the G-845 and SI 00502.115B. for when DHS verification of immigration documents/status is required.

B. Procedure – Evidence of Alien Status by DHS Category

1. Lawfully Admitted for Permanent Residence (LAPR)

a. General

See GN 00303.440 and SI 00502.115D.1. for evidence of LAPR status. See RM 10211.135C. for a description of various versions of Form I-94.

NOTE: Consider sponsor-to-alien deeming if the individual otherwise appears to be eligible (SI 00502.200).

b. LAPRs Who Are Amerasian Immigrants

Obtain the immigrant’s Form I-551 which must show a class of admission of AM6, AM7, or AM8, or a foreign passport stamped with an unexpired temporary I-551 stamp or a machine readable immigrant visa (MRIV) showing a class of admission code of AM1, AM2, or AM3. Derive the date of admission as an Amerasian immigrant from the I-551, or the date of inspection on the I-551 stamp on Form I-94. If the date is missing on the I-94, verify status with DHS. (See SI 00502.106 if time-limited eligibility is involved.)

c. Adjustment under NACARA, HRIFA or the CAA66

Nationals of Cuba or Haiti who adjust to LAPR under the Nicaraguan and Central American Relief Act (NACARA) or the Haitian Refugee Immigration Fairness Act (HRIFA) are also considered to be “Cuban/Haitian entrants” for SSI purposes. Also, nationals of Cuba or Haiti who adjusted to LAPR status under the Cuban Adjustment Act of 1966 (CAA66) are to be treated as “Cuban/Haitian entrants” for SSI eligibility purposes.

See SI 00502.108B.5., SI 00502.108B.6., and SI 00502.115E.9. for more information on these provisions. Refer to the table in SI 00502.130B.7. for documentary evidence of “Cuban/Haitian entrant” status.

2. Conditional Entry Pursuant to Section 203(a)(7) of the Immigration and Nationality Act (INA) as in Effect Prior to 4/1/80

Obtain Form I-94 identifying the bearer as “REFUGEE-CONDITIONAL ENTRY” and a citation of section 203(a) (7) of the INA.

NOTE: The alien may also have a refugee employment authorization document, Form I-688B annotated “274a.12 (a) (3)” or Form I-766 annotated “A3.”

3. Parolee Under Section 212(d)(5) of the INA for 1 Year or More

Obtain a currently valid Form I-94 that indicates the bearer has been paroled pursuant to section 212(d)(5) of the INA, with an expiration date of at least 1 year from the date issued or indefinite.

NOTE: DHS Form I-688B annotated “274a.12(a)(4)” or “274a.12(c)(11)” or I-766 annotated “A4” or “C11” indicates status as a parolee but does not reflect the length of the parole period. If the individual cannot provide Form I-94, contact DHS in accordance with SI 00502.115D.3. to verify status and length of the parole period before adjudication.

Establish an AT diary (SM 01301.215B. and SM 01301.230) for the month the alien’s status expires or, if earlier, for 1 year, to verify alien status.

4. Refugee Under Section 207 of the INA

a. In Refugee Status

Obtain Form I-94 annotated with stamp showing admission under section 207 of the INA. Derive the date of admission from the date of inspection on the Form I-94 refugee stamp. If the date is missing, verify with DHS.

NOTE: Form I-94 is necessary because we cannot establish eligibility as a refugee without determining the date of admission. DHS Form-688B annotated “274a.12 (a) (3)” and I-766 annotated “A3” indicate status as a refugee, but do not reflect the date of admission. DHS Form I-571 (Refugee Travel Document) also indicates status as a refugee, but does not reflect the date of admission. If Form I-94 is not available, verify with DHS. (See SI 00502.115D.2. for verification of date through SAVE.)

b. In LAPR Status, Alleges Entry as a Refugee

A classification code of RE6, RE7, RE8, or RE9 on Form I-551 indicates admission as a refugee. (See the Administrative Confidential Memorandum for the location of the classification code on Form I-551.) If the alien alleges entry as a refugee within the previous 7 years, derive the date of admission as a refugee from the date of admission on Form I-551. Other classification codes do not establish entry as a refugee under section 207 of the INA.

c. Refugee/Former Refugee’s Form I-94 Stamped “REENTRY”

If a refugee, asylee, or LAPR who is a former refugee or asylee presents Form I-94 stamped “REENTRY” at the top, do not use it to establish the date of entry in that status or the date status was granted. Verify status with DHS pre-adjudicatively. See SI 00502.106 if time-limited eligibility is involved.

5. Asylee Under Section 208 of the INA

a. In Asylee Status

Obtain either a Form I-94 annotated with stamp showing grant of asylum under section 208 of the INA, a grant letter from the Asylum Office, or an order of an immigration judge. Derive the date status granted from the date on Form I-94, the grant letter, or the date of the court order. If the date is missing from Form I-94, request the grant letter from the alien. If it is not available, verify the date status was granted with DHS.

NOTE: DHS Form I-688B annotated “274.a.12 (a) (5)” and I-766 annotated “A5” indicate status as an asylee. However, the date of the form does not reflect when the status was granted. Request Form I-94, the grant letter from the Asylum Office of DHS or the alien’s copy of a court order of the immigration judge granting asylum. Verify with DHS if none of these are available.

See SI 00502.106 if time-limited eligibility is involved.

b. In LAPR Status, Alleges Previous Asylum Status

If the alien alleges having been granted asylum within the previous 7 years, contact DHS using Form G-845 and G-845 supplement with a copy of Form I-551 attached.

If an alien in LAPR status alleges prior status as an asylee and presents evidence of such status that is acceptable under SI 00502.130B.5.a., such evidence may be used to determine the date asylum was granted. This will usually be a Form I-94 that was not destroyed by DHS on adjustment to LAPR. See SI 00502.106 if time-limited eligibility is involved.

c. Asylee/Former Asylee’s Form I-94 Stamped “REENTRY”

If a refugee, asylee, or LAPR who is a former refugee or asylee presents Form I-94 stamped “REENTRY” at the top, do not use it to establish the date of entry in that status or the date status was granted. Verify status with DHS pre-adjudicatively. See SI 00502.106 if time-limited eligibility is involved.

6. Deportation Withheld Under Section 243(h) of the INA as in Effect Prior to 4/1/97, or Removal Withheld Under Section 241(b)(3) of the INA

a. Acceptable Documents

For an alien whose deportation was withheld under section 243(h) of the INA or whose removal was withheld under section 241(b)(3) of the INA obtain:

  • Form I-688B annotated “274a.12(a)(10)”, or

  • Form I-766 annotated “A10,” or

  • The alien’s copy of the order from an immigration judge showing deportation withheld under section 243(h) of the INA as in effect prior to 4/1/97, or removal withheld under section 241(b)(3) of the INA.

  • Letter from asylum officer granting withholding of deportation under section 243(h) of the INA as in effect prior to 4/1/97 or withholding of removal under section 241(b)(3) of the INA.

NOTE: DHS Form I-688B annotated “274a.23(a)(10)” and I-766 annotated “A10” indicate deportation was withheld under section 243(h) of the INA or removal was withheld under section 241(b)(3) of the INA, but normally do not reflect the date of withholding. Request the alien’s copy of the court order. If not available, verify with DHS.

See SI 00502.106 if time-limited eligibility is involved.

b. In deportation/Removal Withheld Status

Obtain the alien’s copy of the order from the immigration judge showing deportation withheld under section 243(h) of the INA as in effect prior to 4/1/97, or removal withheld under section 241(b)(3) of the INA. Derive date deportation/removal withheld from the date of the court order.

c. In LAPR Status, Alleges Previous Deportation/Removal Withheld Status

If the alien alleges having had deportation/removal withheld within the previous 7 years, contact DHS using Form G-845 and supplement with a copy of Form I-551 attached.

NOTE: Aliens who have been granted a suspension of deportation are not eligible for SSI benefits on the basis of that status alone. The description and annotations on the DHS documents must be as shown above in order to establish eligibility based on withholding of deportation or removal.

7. Cuban/Haitian Entrants

a. General

See SI 00502.108B. for a full description of the categories of aliens who meet the definition of Cuban/Haitian entrant. In short, the categories of aliens who meet the definition of “Cuban/Haitian entrant” or are to be treated as “Cuban/Haitian entrants” are as follows:

  • CATEGORY 1 –

    Subcategory A: Classification as “Cuban/Haitian Entrant

    (Status Pending)” on or after 4/21/80, or

    Subcategory B: Paroled into the U.S. on or after 10/10/80 or,

  • CATEGORY 2(A) - Parolees who have not attained any other INA status

  • CATEGORY 2(B) - In removal proceedings

  • CATEGORY 2(C) - Asylum application pending with DHS

  • Nationals of Cuba or Haiti who adjust to a LAPR status under NACARA or HRIFA (See SI 00502.108B.5. for a complete discussion of this provision).

  • Nationals of Cuba who adjust to a LAPR status under the CAA 66 are to be treated as Cuban/Haitian entrants for SSI purposes by virtue of the adjustment. See SI 00502.108B.6. for a complete discussion of this provision.

NOTE: An alien could meet more than one of these categories. Status as a “Cuban/Haitian entrant” begins with the earliest date the alien met one of these categories listed in this subsection. The 7-year period of limited eligibility, if applicable, begins with the earliest date an alien meets one of these “Cuban/Haitian entrant” categories or one of the other 7-year categories such as asylee, refugee, etc. (see SI 00502.106A.).

b. Evidence of Cuban or Haitian Nationality

Absent evidence to the contrary, accept any of the following as convincing evidence of Cuban or Haitian nationality for purposes of determining whether an alien is a “Cuban/Haitian entrant:”

  • SAVE Primary verification; or

  • DHS or Executive Office of Immigration Review (EOIR) document(s) showing Cuban/Haitian entrant status, or Cuban or Haitian nationality, or Cuba or Haiti as the place of birth; or

  • Cuban or Haitian passport or identity card; or

  • Cuban or Haitian birth certificate; or

  • DHS secondary verification determination of “Cuban/Haitian entrant.”

c. Documentary Evidence of Status by Cuban/Haitian Entrant Category

If the individual cannot provide documentation of status, refer him/her to DHS for evidence of current immigration status in accordance with SI 00502.110B.2.a.

NOTE: Ask DHS to verify any of the following documents using the G-845 and the G-845 Supplement process in SI 00502.115E.9. unless an exception to the verification requirement applies.

The following table lists documents that are acceptable evidence of “Cuban/Haitian entrant” status:

CATEGORY/DOCUMENTARY EVIDENCE OF STATUS

DATE STATUS ACQUIRED

LOSS OF STATUS

CATEGORY 1

  • DHS Form I-94 with stamp showing parole at any time as “Cuban/Haitian Entrant (Status Pending)”, or

  • DHS Form I-94 with stamp showing parole (other than for law enforcement purposes) into the U.S. on or after 4/21/80

In addition, a national of Cuba or Haiti who has one of the following documents may be a Category 1B Cuban/Haitian entrant if the parole was for other than law enforcement purposes:

  • DHS Form I-688A annotated with codes “274a.12(a)(4)” or “274a.12(c)(11),” or

  • DHS Form I-688B annotated with codes “274a.12(a)(4)” or “274a.12(c)(11),” or

  • DHS Form I-766 annotated with code “A4” or “C11.”

CAUTION: An individual who has an immigration document with code CH6 may or may not be a Category 1 Cuban/Haitian entrant.

The date “Cuban/Haitian entrant” status was acquired for Category 1 cases is the original date of parole into the U.S. under the terms described in SI 00502.108B.1. The listed documents may not always show the date the individual was paroled into the U.S. as a “Cuban/Haitian entrant,” and, where shown, the date may not be reliable because replacement documents may have been issued.

An alien who meets the requirements remains a Category 1 Cuban/Haitian entrant without regard to his/her current immigration status.

CATEGORY 2(A)

  • Unexpired DHS Form I-94 showing parole into the U.S.; or

  • Unexpired DHS employment authorization document (Form I-688A, Form I-688B or Form I-766) with code “274a.12(a)(4)” “274a.12(c)(11),” “A4,” or “C11.”

NOTE: Expired documents may be accepted for category 2(A) to document status as of 8/22/96 (for lawfully residing/blind or disabled exception) and beginning of 7-year period if the alien adjusted to another status; e.g., LAPR.

The date “Cuban/Haitian entrant” status was acquired for Category 2(A) is the original date the alien obtained parole into the U.S.

NOTE: The listed documents may not always show the date the individual was paroled into the U.S. as a “Cuban/Haitian entrant,” and, where shown, the date may not be reliable because replacement documents may have been issued.

Category 2(A) Cuban/Haitian entrant status ends with:

  • Loss of parole status (consider qualified alien status under the present status), or

  • The entry of an order of removal that is final, non-appealable, and legally enforceable (SI 00502.108C.).

CATEGORY 2(B)

  • DHS Form I-221 (Order to Show Cause and Notice of Hearing); or

  • DHS Form I-862 (Notice to Appear), or

  • DHS Form I-122 (Notice to Applicant Detained for a Hearing Before an Immigration Judge)

CAUTION: Do not accept copies of DHS forms, such as Form I-589 (Application for Asylum and Withholding of Removal), or I-485 (Application to Register Permanent Residence or to Adjust Status) or other application for immigration relief date stamped by EOIR. According to DHS, copies of documents have no probative value.

NOTE: Submit an SSA-8510 signed by the claimant to DHS with request for verification if an application for asylum is involved (SI 00502.115E.9.c. Step 4).

The date the alien acquired status as a Category 2(B) “Cuban/Haitian entrant” is the date the alien was first placed in removal proceedings, as shown by the date on DHS Forms I-221,

I-862, or I-122.

Category 2(B) Cuban/Haitian entrant status ends with:

  • Termination of removal proceedings for any reason (consider qualified alien status under the new status), or

  • The entry of an order of removal that is final, non-appealable, and legally enforceable (SI 00502.108C.).

CATEGORY 2(C)

  • DHS receipt for filing Form I-589 (Application for Asylum and Withholding of Removal); or

  • Unexpired DHS employment authorization document (DHS Forms I-688A, I-688B or I-766) with code “274a.12(c) (8)” or “C8.”

CAUTION: Do not accept copies of DHS forms, such as Form I-589 (Application for Asylum and Withholding of Removal) or I-485 (Application to Register Permanent Residence or to Adjust Status). According to DHS, copies of documents have no probative value.

NOTE: Submit an SSA-8510 signed by the claimant to DHS with request for verification if an application for asylum is involved (SI 00502.115E.9.c. Step 4).

The date the alien acquired status as a Category 2(C) “Cuban/Haitian entrant” is the date he/she filed Form I-589 with DHS, as shown by the DHS receipt for the application. If the individual did not have an earlier period of “Cuban/Haitian entrant” status under another category and the date is material to eligibility, request the alien’s receipt for filing Form I-589.

NOTE: the date on an DHS employment authorization document (DHS Forms I-688A, I-688B or I-766) with code “274A.12(c)(8)” or “C8” is not the date “Cuban/Haitian entrant” Category 2(C) status was acquired. This is because under DHS rules, an asylum applicant is not eligible to apply for employment authorization until 60 or 150 days (depending upon the application date) after filing the application for asylum.

Category 2(C)

Cuban/Haitian entrant status ends with:

  • Termination of status as an applicant for asylum (consider qualified alien status under the present status); or

  • Termination of DHS jurisdiction over the application (if the asylum application is pending in EOIR, Cuban/Haitian entrant status may continue/be established under Category 2(B)); or

  • Entry of an order of removal that is final, non-appealable, and legally enforceable (qualified alien status ends, (