PROGRAM OPERATIONS MANUAL SYSTEMPart RM – Records MaintenanceChapter 102 – The Social Security Number, Policy and General ProceduresSubchapter 11 – Alien Evidence for an SSNTransmittal No. 33, 08/15/2019
We were notified by the USCIS Domestic Asylee Division that they are not issuing I-94s with an admit stamp for applicants who are granted asylum domestically. Instead, they are now issuing an I-797/tear-off I-94. This will affect about 3,000 asylees.
We have reviewed the evidence requirements and determined that this evidence is sufficient to include in our asylee POMS RM 10211.205 and RM 10211.207.
There is no change to our current procedure for verifying asylee status.
Summary of Changes
RM 10211.205 Evidence of Asylee Status for an SSN Card
We added a bullet (second position) to include the I-797 (Notice of Action) with tear off Form I-94 as acceptable evidence and referenced RM
RM 10211.207 Evidence of Asylee Status When Form I-94 (Arrival and Departure Record)
We expanded the title of this section by adding: or Form I-797A
(Notice of Action) with the tear-off Form I-94 (Arrival and Departure
Record) is submitted.
We modified Section A by changing the subtitle to Document Description and adding an introductory paragraph to introduce the two types of documents. We divided the information about each type of document subsections 1 and 2, corresponding to current description of Form I-94 and the new description of Form I-797, respectively.
An asylee is an alien granted asylum by the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) or the Department of Justice (DOJ), Executive Office for Immigration Review (EOIR).
SSN applicants who have applied for asylum but have not yet been granted asylum are NOT asylees.
RM 10211.001B.6, definition of asylee
RM 10211.205D, policy when an applicant has applied for asylum
Asylees may submit one of the following documents as evidence of asylum granted status:
Form I-94 (Arrival/Departure Record) with asylum granted stamp, see RM
Form I-797 (Notice of Action) with tear-off Form I-94, see RM
Form I-766 (Employment Authorization Document) with Category "A5", "A05", or "A-5", see RM 10211.209; or
Order of the Immigration Judge granting asylum, see RM 10211.211.
If an asylee submits more than one unexpired immigration document, enter the most recently issued document on the "Proof of Legal Alien Status" screen in the Enumeration System per RM 10211.510A. If an asylee presents both the I-94 and unexpired foreign passport select “I-94 w/NO Foreign Passport” on the SSNAP Proof of Legal Alien Status screen per RM 10211.140B.
NOTE: On rare occasions, asylees applying for an original SSN may submit only one document to prove age, identity, and immigration status for an SSN card. For information on the exception to providing two documents when an asylee submits only one, see RM 10210.020D.
Treat SSN applicants who submit evidence of asylee status as permanent resident aliens with permanent employment authorization. The Social Security Administration (SSA) issues asylees unrestricted SSN cards (cards without a legend).
When the evidence submitted or SAVE response shows the SSN applicant has applied but not yet been granted asylum, do not process the SSN application under the evidence of asylee status policy.
Generally, aliens who have applied but not yet been granted asylum:
have an I-766 showing Category "C8", "C08", or "C-8";
may get a SAVE response with the COA field code "AS";
are NOT treated as permanent resident aliens with permanent employment authorization;
are issued SSN cards with the legend, "VALID FOR WORK WITH DHS AUTHORIZATION" when the alien submits evidence of non-permanent work-authorized status;
are subject to the two document requirement described in RM 10210.020; and
are subject to the evidence requirements in RM 10211.420 when the alien submits an I-766 that does not meet the criteria in RM 10211.209A
While the applicant’s I-766 card with Category “C8”, “C08”, or “C-8” is not evidence of asylum granted status, it is evidence of immigration status and employment authorization per RM 10211.420.
When an asylee submits either a Form I-94 or a Form I-797A with the tear off Form I-94 as evidence of asylee status, examine the document's corresponding characteristics as described below:
The I-94 for an asylee shows an admission stamp with the following data:
the legend "Asylum status granted pursuant to section 208 of the INA valid to (date)";
a period of validity (generally shown as "indefinite"); and
the port of entry (POE), action date (the date asylum was granted), and inspector stamp number.
In addition, the I-94 for an asylee:
does not show a class of admission (or alien classification code);
may show the words "Employment Authorized";
may include a photo of the applicant;
generally shows a typed or handwritten alien registration number (A# or ARN) on the front or back of the I-94, in addition to the I-94 admission number.
The I-797 with tear-off I-94 for an asylee shows:
I-797A Notice of Action;
Petitioner's ARN and name;
Beneficiary's ARN and name.
The tear off I-94 shows:
Name of beneficiary;
Class of Admission;
Valid "From" "Until"; and
Petitioner (name and address).
Administrative Confidential Memorandum (ACM), exhibit of the most recent DHS asylum stamp
RM 10211.135C.2, description of White card stock
RM 10211.137E, exhibit of an I-94 issued to an asylee
When taking an SSN application, always verify asylee status by first requesting the SAVE Initial Verification (SAVE IV) through the Enumeration System per RM
The SAVE IV response verifies asylee status (i.e., asylum granted) when the response is:
"Asylee — Employment Authorized", and
the class of admission (COA) field shows one of the following codes: AS1, AS2, AS3, AS6, AS7, AS8, ASP, or AY.
NOTE: If the SAVE IV response COA field shows code "AS," this means the alien applied for asylum but DHS has not yet determined whether they will grant asylum. The Enumeration System does not accept a SAVE IV response with a COA of "AS" as verification of asylee status. For policy on when an applicant has applied for asylum, see RM 10211.205D.
Normal SAVE procedures apply except when the SAVE IV response does not verify asylee status.
If the SAVE IV response does not verify asylee status or the system response field shows “Institute Additional Verification” or "Incomplete", immediately verify asylee status via the Department of Justice, Executive Office for Immigration Review (EOIR) case status line per RM 10211.213. Do not wait 10 days after the asylee’s arrival to the U.S. before requesting verification through EOIR.