TN 22 (05-95)

GN 00303.440 Determining LAPR Status

Citations:

8 CFR 211.3, 25 USC 1300B-13

A. Policy

DHS has jurisdiction for the determination of LAPR status and the issuance of documentation of lawful permanent resident status to aliens determined to be LAPR.

If no DHS determination has been made, a determination of LAPR is made for SSA purposes if certain limited situations described in GN 00303.440B.2.-3. apply.

B. Procedure - Acceptable Evidence of LAPR

1. DHS Issued LAPR Evidence

Accept any of the following DHS issued documents as evidence of LAPR status:

IMPORTANT: The alien must submit the appropriate original document issued by DHS. A receipt from DHS showing that the alien applied for the document is not acceptable.

a. I-551

This is the form DHS is currently issuing. (See GN 00303.400F.1. and GN 00303.400F.2. for exhibits.)

A large “W” (indicating waived) may appear in the signature area for infants and children too young to sign their own names. Children under the age of 14 are not always fingerprinted; a “W” may appear in the fingerprint portion. Individuals age 14 and over should have a fingerprint on the card.

NOTE: LTRs may apply for LAPR status after the temporary residence period has been completed. The I-551 for these legalized aliens will show the class code of “W16”, “W26” , or “W36.”

Two types of I-551s usually seen are:

  • Type 1 (regular I-551), held by an alien permanently residing in the U.S.

  • Type 2 (commuter I-551), held by a permanent resident of the U.S. who chooses to live in Mexico or Canada but is authorized to work in the U.S.

b. Temporary I-551

When the alien does not have a machine readable immigrant visa (see RM 10211.025C.2), DHS places a temporary I-551 stamp in the foreign passport as evidence of immigration status when the alien is admitted to the U.S. as an LAPR for the alien to use until the permanent I-551, Permanent Resident Card, is received. The stamp may be placed in the alien’s foreign passport or on a Form I-94, Arrival/Departure record, when the alien does not have a passport.

When an alien previously admitted to the U.S. applies for a replacement I-551 or adjusts to LAPR status, DHS places a temporary I-551 stamp in the foreign passport.

When the alien does not have a foreign passport, DHS places the temporary I-551 stamp, a photo of the alien, and DHS seal on Form I-94. The temporary I-551 stamp, which is printed in red ink, reads:

Upon endorsement, serves as

temporary I-551 evidencing

permanent residency for one year.

Issue date    (date)

Officer      (name)

EMPLOYMENT AUTHORIZED

Valid Until  (date)

Each stamp is uniquely numbered with a five-digit identifier which can be found below the “Valid Until” line. Also, the officer writes the “A” number on the stamp.

See the ACM Alert No. 2006A-31 New DHS/USCIS ADIT Stamp under the “I-94” document number and “I-551” document number for more information on the design and fluorescent security features.

NOTE: DHS may not specify an expiration date. The stamp is valid until the alien receives an I-551. If the stamped document has no date entered in the “Valid Until” area, check the date of entry to the U.S. If the entry date is over a year old, verify with DHS that the person’s alien status is unchanged.

c. I-688 EXT.

The Department of Homeland Security no longer issues Form I-688 (Temporary Resident Card) to aliens in temporary resident status. There are no currently valid I-688 cards (or extension stickers) and DHS is no longer issuing this document..)

d. I-151

DHS issued this form from July 1946 through 1977. (See GN 00303.400F.3. for an exhibit.) The I-151 is no longer a valid immigration document. See GN 00303.610B.6 for information concerning these exception cases for verification of the claimant’s status (as opposed to verifying the I-151 card) when it is presented as evidence.

e. AR-3, AR-3a

DHS issued these forms from 1941 through part of 1949. Treat this form as an I-551.

2. Canadian-Born American Indian

To establish LAPR status for a Canadian-born American Indian, accept as evidence of “one-half American Indian blood” a document that indicates the percentage of American Indian blood and is in the form of a:

  • birth certificate issued by the Canadian reservation, or

  • letter, card or other record issued by the tribe.

If the individual cannot present any listed document to verify his/her American Indian status, refer the person to DHS to determine his/her alien status.

Do not accept a Certificate of Indian Status card (“Band” card) issued by the Canadian Department of Indian Affairs or any other document not directly issued by the individual's tribe.

3. Kickapoo Indian Born in Mexico

To establish Kickapoo Indian status, accept the tribal enrollment card issued by The Bureau of Indian Affairs (as of late 1983) to all members of the Texas Band of Kickapoo included on the tribal roll. Accept this card, along with evidence of birth in Mexico, to establish the individual's LAPR status.

IMPORTANT: DHS also issues members of the Texas Band of Kickapoo an American Indian Card. A class code of “KIP” establishes LAPR. (See GN 00303.300B.1.j. for information on American Indian Cards as evidence of U.S. citizenship.)

4. Evidence of SAW Status

Accept as evidence of SAW status an I-688 annotated that status has been granted pursuant to section 210 of the INA. The “210” annotation will be in the “BEARER ENTITLED TO...” block, to the right of the photo.

5. Alien Status Adjustment from LTR to LAPR

Accept as evidence of alien status adjustment from LTR to LAPR an I-551 or an I-688 with a label (I-688EXT) on the back of the form (to use until the I-551 is received).

6. LAPR For Claim Previously Established

An IDN code of “H” on the Numident is not evidence of LAPR.

a. Currently Entitled to SSI Benefits

If the individual is currently entitled to SSI and is applying for HI/ SMI uninsured benefits, accept an AR code of “K” as evidence that the claimant is LAPR.

b. Currently Entitled to Benefit For Which Establishment of LAPR Status Is Required

If the individual is applying for SSI and has previously established entitlement to deemed insured HI, uninsured HI/SMI or Special Age 72 benefits, accept an MBR showing current entitlement as evidence that the claimant is LAPR.

CAUTION: Aliens who are requesting reinstatement of SSI payments must present evidence of their alien status as though filing an initial claim. Eligibility for SSI payments is not evidence the alien was or is LAPR. (He/ She may have been/be permanently residing in the U.S. under color of law.)

C. Procedure - Documentation

Examine all DHS documents submitted for current validity, referring to GN 00303.400 and the Administrative Confidential Memorandum as applicable. Do not accept expired documents.

1. MCS Claims

Follow GN 00301.285 and GN 00301.286 for documenting acceptable evidence of LAPR status for the claim.

2. All Other Claims

a. Alien Granted LAPR Status

Place in the file a copy of the DHS document.

b. American Indian Born in Canada

Place in the file a copy of evidence establishing birth in Canada and that the individual has “one-half” American Indian blood.

c. Kickapoo Indian Born in Mexico

Place in the file a copy of evidence establishing birth in Mexico and a tribal enrollment card or American Indian Card verifying LAPR status.

d. SAWs

Place in the file a copy of the alien's I-688.

e. Alien Status Adjustment from LTR to LAPR

Place in the file a copy of the alien's I-688EXT or I-551.

f. Alien Status Previously Established

  • Place in the file a copy of the SSR or MBR, annotated “LAPR evidence.”

  • For MSSICS claims: Annotate the remarks section of the AALN screen: CITZ     , e.g., CITZ MBR.


To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0200303440
GN 00303.440 - Determining LAPR Status - 02/23/2012
Batch run: 02/23/2012
Rev:02/23/2012