Identification Number:
EM-13039 REV
Intended Audience:All RCs/ARCs/ADs/FOs/TSCs/PSCs/OCO/
OCO-CSTS/ODARHQ
Originating Office:ORDP OISP
Title:Claims Alien Eligibility and Evidence: Deferred Action for Child Arrivals (DACA) and I-94 Arrival Departure Record Automation -One-Time-Only Instructions
Type:EM - Emergency Messages
Program:Title VIII (SVB); Title XVI (SSI); Disability
Link To Reference:See References at the end of this EM.
 
NEW Retention Date: February 10, 2017

Retention Date: August 10, 2016
Retention Date: February 10, 2016
Retention Date: August 10, 2015

REVISION: We are reissuing a new version of EM-13039 because of the extension of the Deferred Action for Childhood Arrivals Program (DACA) announced by the President on November 20, 2014. We are updating section B to include the new requirements for DACA eligibility.

A. Purpose
    This Emergency Message is a two-part message. The first part covers Title II lawful presence eligibility and verification procedures for DACA-approved individuals. The second part covers changes to the I-94, arrival departure record due to automation.

    B. DACA Eligibility
      On November 20, 2014, the President announced the extension of the deferred action period and employment authorization to “three years” from two years if you meet the following requirements:

      You:


        · entered the United States before the age of 16;
        · have lived in the United States continuously since at least January 1, 2010, rather than the prior requirement of June 15, 2007;
        · are of any age (removes the requirement to have been born prior to June 15, 1981); and
        · meet all the other DACA guidelines.
        Individuals who meet these criteria may apply for consideration of deferred action for childhood arrivals (DACA) with the Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS).

        If USCIS approves the DACA request and grants work authorization, they will issue the individual an Employment Authorization Document (EAD, I-766 Card) with a category designation of “C33”.

        For Title II eligibility purposes, we consider these individuals lawfully present in the U.S. A DACA approved individual is not a qualified alien for TXVI purposes.

        Use the Systematic Alien Verifications for Entitlements (SAVE) Program to verify lawful presence of a DACA-approved individual as follows:
          · carefully examine the I-766 Card following the guidelines in the Administrative Confidential Memorandum (ACM) with a black light;
          · if the I-766 Card does not appear genuine, request a paper G-845 following GN 00303.640;
          · if the I-766 Card appears genuine, initiate a SAVE Initial Verification. On the SAVE screen, select Form I-766 (Employment Authorization Card) as the document type;
          · enter the applicant’s information as shown on the I-766 Card;
          · either response, “DACA – Employment Authorized”, or “Temporary Employment Authorized”, verifies lawful presence as a DACA; and
          · if you do not receive one of these SAVE responses, request an Additional Verification (AV) following GN 00303.630I.

        C. Changes to the I-94 (Arrival/Departure Record) due to automation

        As of May 2013, the U.S. Customs and Border Protection (CBP) inspection officer places an admission stamp on foreign passports and provides foreign travelers arriving to the U.S. by aircraft or vessel with an I-94 Automation Tearsheet that instructs travelers to request an I-94 printout from CBP’s website (www.cbp.gov/i94).

        A CBP admission stamp in the unexpired foreign passport is sufficient evidence of lawful entry and lawful presence. Lawful presence is dependent on the class of admission shown on the admission stamp per RS 00204.025.

        Verify lawful presence by using SAVE and enter the alien’s I-94 number shown on the printout under the document type, “I-94 (Arrival/Departure Record) in the Unexpired Foreign Passport”, and completing the other required information. If the claimant does not present the I-94 printout, enter the admission stamp in the unexpired foreign passport into SAVE under the document type “Unexpired Foreign Passport”.

        Continue to accept the white card stock I-94 Arrival/Departure record from refugees, asylees, parolees, aliens entering the U.S. without a foreign passport and individuals entering the U.S. via a land port of entry.

        Direct all program–related and technical questions to your RO support staff or PSC OA staff. RO support staff or PSC OA staff may refer questions or problems to their Central Office contacts.

        References:
        RS 00204.020 Developing Lawful Presence of an Alien in the U.S.
        RS 00204.025 Evidence Requirements for Establishing U.S. Lawful Presence
        GN 00303.630 Requesting Initial and Additional Verification Using Web Based SAVE
        RM 10211.137 Description of Evidence of Non-Immigrant Status and Admission Stamps
        EM-13039 REV - Claims Alien Eligibility and Evidence: Deferred Action for Child Arrivals (DACA) and I-94 Arrival Departure Record Automation -One-Time-Only Instructions - 02/10/2015