A recent entrant is a noncitizen who has been in the U.S. 12 full calendar months or less. For example, consider an noncitizen who actually enters the U.S. on December 16, 1988, to be a recent entrant through December 1989. DHS files for noncitizens who recently have arrived in the U.S. frequently are in transit as part of DHS processing and are unavailable for review for up to 12 months.

When a noncitizen has been in the U.S. 6 full calendar months or less, assume the DHS file is unavailable for review, and contact DHS postadjudicatively. You may extend this assumption to noncitizens who have been in the U.S. from 7 to 12 full calendar months, based on the servicing DHS office's experience in receiving files for recent entrants. For example, if the DHS office states that it routinely takes 9 months to obtain a folder, contact DHS postadjudicatively for all entrants who have been in the U.S. 8 months or less. Place in file the justification for deferring contact beyond 6 months (e.g., a precedent established by the FO parallel to the DHS office).

Whenever using the assumption that the DHS file is unavailable, diary the case for the postadjudicative contact with DHS. However, develop sponsorship and the sponsor's income and resources before adjudication of the claim (per GN 00502.160B.).

Whenever DHS states that its file is unavailable for review, complete DHS verification postadjudicatively. Consider an DHS file unavailable for review if DHS will be unable to provide information from the file within 6 weeks of the date of initial request. Document the contact with DHS; diary the case for a postadjudicative followup using DHS' estimate of when the file will be available, and develop per SI 00502.160B.

If DHS states that a file is lost, proceed with the development in GN 00502.160B. and do not recontact DHS. (Of course, if DHS states that a file is “lost” but that there is a possibility it may retrieve the file at some later date, at your discretion, diary the case for postadjudicative contact.)

If a noncitizen alleges sponsorship, develop in accordance with SI 01320.915 and SI 01320.920, but defer verification with DHS.

If a noncitizen alleges that they were granted permanent resident status because an employer provided a guarantee of employment upon entry, document the noncitizen's allegation either on a signed statement or recorded on the Report of Contact page. Contact the employer to verify that an offer of employment was the basis for admission. Obtain the employer's written statement regarding their offer of employment and details regarding the noncitizen's period of employment. If the information shows that a guarantee of employment was the basis of admission, process the case without sponsor-to-noncitizen deeming.

A noncitizen may be granted permanent residence if they can provide DHS with assurances of their ability to support themself upon entry. If they allege they entered the U.S. on this basis, they are alleging they have no sponsor and are not subject to sponsor-to-noncitizen deeming. They must explain the loss of income or resources that now requires them to file for SSI. They must submit evidence of the loss. Retain this evidence in the file. If they do not explain and document the loss adequately, state your conclusion on an SSA-553 or a Report of Contact and deny their claim for failure to submit required information.

If a noncitizen alleges that they were granted permanent resident status because an organization promoted their admission to the U.S., document their allegation either on a signed statement or recorded on the Report of Contact page. Contact the organization to verify that it assured DHS in writing that it would seek shelter and support for the noncitizen. Obtain a written statement from the organization. After receiving verification from the organization, process the case without sponsor-to-noncitizen deeming.