TN 45 (04-12)

SI 00501.430 Verification of Alien Status with the Department of Homeland Security (DHS) to Establish Permanent Residence Under Color of Law (PRUCOL)

Use the information in this section when you need to make a PRUCOL determination under the 1996 immigration reform Supplemental Security Income (SSI) eligibility rules. See information on SSI eligibility for nonqualified aliens who were receiving SSI on 8/22/96 - 1998 “Grandfathering” Legislation SI 00502.153.

A. Development for verification of alien status

We base verification on information provided by the Department of Homeland Security (DHS), except where we can establish continuous residence in the U.S. since before January 1, 1972 per SI 00501.425.

1. Alien status valid indefinitely

  1. Use instructions in SI 00501.430A.2 (in this section) for aliens newly legalized by the Immigration Reform and Control Act (IRCA). See also SI 00501.440 for policy on immigration.

  2. If a claimant presents a document with no expiration date as evidence of his or her alien status, verify that status with DHS, but do not delay adjudication of the claim. (For DHS verification procedures, see SI 00501.430B and SI 00501.430C (in this section.)) Retain a copy of the document in the file. Assign an AR code based on the status indicated by the DHS document. For field coding, see SM 01005.632.

  3. Upon receipt of DHS verification, take appropriate action, if necessary.

  4. Diary the case and re-verify the alien's status after 1 year to ensure that there has been no change. For information on lawful presence, see RS 00204.025. If you adjust the alien's status to lawfully admitted for permanent residence (LAPR) status, consider whether sponsor to alien deeming applies. For policy on income deeming, see SI 01320.900.

2. Alien status valid for at least 1 year (but not indefinite)

  1. The assumption that DHS does not contemplate enforcing the individual's departure does not apply to the nonimmigrants listed in SI 00501.420C.3.b.

    See Also:

    SI 00501.420C.3.a., Enforcement of Departure Assumptions—Status Invalid Indefinitely

  2. Use the assumption for aliens who present proof that they are Lawful Temporary Residents (LTR's) under the IRCA. See information on IRCA of 1986 in SI 00501.440. Aliens, other than Special Agricultural Workers (SAW's), granted LTR status from DHS should have an I-766 (Employment Authorization Card) valid for 18 months from the date DHS granted the status.

    NOTE: Although we will grant SAW's LTR status, we consider them LAPR's. PRUCOL guidelines do not apply. See guidelines for determining LAPR status in GN 00303.440.

  3. If an alien presents a DHS document with an expiration date at least 1 year from the date of issuance as evidence of alien status, verify his or her status including, where appropriate, whether DHS contemplates enforcing the alien's departure. Develop following the procedure in SI 00501.430A.1.b. (in this section).

  4. Diary the case for verification.

  5. Verify the alien's status shortly before the expiration date. If the IRCA legalized an alien, verify the LTR status before the end of 18 months.

3. Alien status valid for less than 1 year

  1. If a claimant presents a document valid for less than 1 year from the date of issuance as evidence of alien status, verify the alien's status with DHS prior to adjudication including, where appropriate, whether DHS contemplates enforcing the alien's departure. For verification procedures, see SI 00501.430B and SI 00501.430C (in this section). Retain a copy of the document in the file.

  2. If the alien status meets PRUCOL, diary the claim for re-verification. Follow the instructions on evidence requirement establishing U.S. lawful presence in RS 00204.025.

  3. Re-verify the alien's status shortly before the expiration date.

    EXCEPTION: If an alien presents a letter from DHS that shows that DHS is allowing him or her to remain in the U.S. for a specified period of time due to the conditions in the alien's home country (extended voluntary departure), develop following the procedure in SI 00501.430A.2. (in this section).

B. When to verify alien status with DHS

1. Initial claims

  1. Verify an alien’s status with DHS prior to adjudicating their initial claim , even when DHS enforces departure of any alien who:

    • provides a DHS document valid for less than 1 year (except aliens with extended voluntary departure; see SI 00501.430A.3.d. (in this section));

    • provides a document that contains insufficient information to determine the alien's status;

    • alleges a status other than that indicated on the DHS document;

    • provides no documentation at all; or

    • provides a document of questionable authenticity (including an expired document).

  2. Verify an alien’s status with DHS after we adjudicate their claim when an alien presents:

    • an unexpired DHS document valid for at least 1 year from the date of issuance,

    • a DHS document valid for an indefinite period of time, or

    • a DHS letter indicating that DHS is allowing him or her to remain in the U.S. due to conditions in their home country (extended voluntary departure).

2. Post-eligibility situations when verifying alien status

Verify the alien's status with DHS including, if appropriate, whether DHS contemplates enforcing departure of an alien recipient:

  1. once a year for an alien with a DHS document valid for an indefinite period of time (using the diary required by procedure in SI 00501.430A (in this section)),

  2. shortly before the expiration date of an DHS document valid for at least 1 year (but not indefinite) or for less than 1 year (using the diary required by procedure in SI 00501.430A (in this section)), or

  3. at any time there is reason to believe there was a change in the alien status.

SSA did not diary records of SSI recipients found eligible based on PRUCOL instructions before October 24, 1984 for post eligibility DHS verification. Instructions issued October 24, 1984 required re-verification of alien status with DHS. We require the periodic verification in SI 00501.430B.2.a. and SI 00501.430B.2.b. (in this section) only if we establish eligibility October 24, 1984 or later.

C. How to verify alien status with DHS

1. Which forms to use to verify alien status with DHS

When it is necessary to contact DHS for verification initially, upon redetermination, or upon expiration of the DHS document:

  • the parallel field office (FO) sends form SSA-4471 ( Social Security Administration Request for Immigration and Naturalization Service Information) to DHS for completion.

  • Reproduce form SSA-4471 locally in the FO. See an exhibit of the form SSA-4471 in SI 00501.430C.2. (in this section).

  • Use form G-845 (Document Verification Request)

  • For information on transmitting form SSA-4471 and a copy of all pertinent DHS documents to the DHS district office, see SI 00502.115.

  • Check block 8 of form G-845, “other,” and show “Supplemental Security Income benefits, form SSA-4471 attached for alien status verification.”

Aliens who have applied to DHS for legalization of their status under IRCA must sign the waiver of confidentiality statement on form SSA-4471. The waiver of confidentiality statement authorizes DHS to release information in their files to SSA. Inform an applicant who refuses to sign the waiver that, if DHS cannot verify his or her status because of the refusal we may deny the claim for SSI benefits. Send the original form signed by the individual to DHS. The signed waiver must be included for all legalization applicants.

2. Exhibit of Form SSA-4471 (Social Security Administration Request for Immigration and Naturalization Service Information)

 

G-SSA-4471-1

 View PDF Version

 

G-SSA-4471-2

 View PDF Version

D. Procedures to determine establishment of PRUCOL

1. Review the SAVE or DHS Response

When DHS completes and returns the form, make a determination (or redetermination) of PRUCOL based on DHS responses in accordance with the following:

Part A

  1. If any item except item 15 is checked and there is no expiration date, it meets PRUCOL.

  2. If DHS issues the claimant an immigrant visa, the claimant is a lawful permanent resident. Change AR field to K, PRUCOL is no longer an issue.

  3. If item 15, the IRCA, is checked and it shows lawful temporary resident, it meets PRUCOL. The AR field code is R.

  4. If item 15 is checked and we determine the alien a lawful permanent resident, PRUCOL is no longer an issue. Change AR field to S.

  5. If item 15 is checked and the alien is a seasonal agricultural worker or additional agricultural worker, consider the alien LAPR for SSI purposes. PRUCOL does not apply. The AR field code is Y.

Part B

  • Question 1:

    1. If no, then N13.

    2. If yes, then proceed to next question.

Question 2:

  1. If yes, it meets PRUCOL.

  2. If no, then proceed to next question.

Question 3:

  1. If no, then proceed to question 6.

  2. If yes, then proceed to next question.

Question 4:

  1. If no, then proceed to question 6.

  2. If yes, then proceed to next question.

Question 5:

  1. If no, then proceed to next question.

  2. If yes, it meets PRUCOL.

Question 6:

  1. If no it meets PRUCOL.

  2. If yes, then proceed to next question.

Question 7:

  1. If yes, it meets PRUCOL.

  2. If no, then N13.

2. Verify alien status in initial claims

  1. Claimants with status valid for less than 1 year.

    • If DHS contemplates enforcing departure; i.e., the answers to questions 1. or 5. and 7. in Part B of the form are “No,” then the alien does not meet PRUCOL. Deny the claim.

    • If DHS does not contemplate enforcing departure, initiate payment effective with the effective date of the application or the effective date of the DHS status (whichever is later).

  2. Claimants with status valid for at least 1 year or for an indefinite period.

    • If DHS contemplates enforcing departure; i.e., the answers to questions 5. and 7. in Part B of the form are “No,” then the alien does not meet PRUCOL. Suspend payments immediately. Ineligibility is effective with the effective date of filing. Follow routine overpayment procedures in SI 02201.005.

    • If DHS does not contemplate enforcing departure, continue payments. Diary the case for recontact. Re-verify alien status shortly before the expiration date or upon FO redetermination.

3. Post-eligibility determinations for alien status

  1. If, upon a FO redetermination or re-verification request, DHS contemplates enforcing departure as of a specific date, use that date to show the individual no longer meets PRUCOL. Suspend eligibility effective with the month following the month in which the individual no longer meets PRUCOL. If the date provided by DHS is in the past; i.e., includes prior months of payment, develop for overpayment.

  2. If, upon a redetermination or re-verification request, DHS contemplates enforcing departure, but or does not provide a specific date, suspend eligibility effective with the month following the month the form was signed. Any payments received after this date is overpayments.

  3. If, upon redetermination or re-verification request, DHS does not contemplate enforcing departure, continue payments and re-diary for future re-verification before the expiration date.

4. Regional office and central office contact

Bring any case in which a question remains after contact with DHS to the attention of the Assistant Regional Commissioner for Program Operations and Systems (POS).

If you need further guidance, the POS will refer the case to the Office of Income and Security Programs.

E. References

  • NL 00804.170 Citizen/Alien Status/Non U.S. Resident Status

  • SM 01005.632 AR Field Coding

F. EXHIBIT of Summary Chart -- DHS document , legend, alien status category and code AR field

DHS
Document

Legend

Alien
Status
Category

SI 00501.420
Reference

Code AR
Field

none

none

entered and continuously resided since before January 1, 1972 (June 30, 1948 prior to November 6, 1986)

SI 00501.420B.2.m.

P

I-94 (Arrival-Departure Record)

“Refugee Conditional Entry”

Section 203(a)(7)

SI 00501.420B.2.a.

F

 

Parole pursuant to section 212(d)(5)

Parolee

SI 00501.420B.2.b

G

 

“Cuban/Haitian Entrant (Status Pending) Reviewable January 15, 1981”

Cuban/Haitian Entrant

SI 00501.420B.2.b.

X

 

None (may also have a letter)

indefinite stay of deportation

SI 00501.420B.2.d.

W

 

None (may also have a letter)

indefinite voluntary departure

SI 00501.420B.2.e.

T

 

None (may also have a I-210 (Voluntary Departure Form))

immediate relative petition approved

SI 00501.420B.2.f.

Z /change to K after visa granted

 

None (may also have a letter or a copy of the court order)

stay of deportation

SI 00501.420B.2.h.

W

 

asylee pursuant to section 208 or other pertinent section of the INA

asylum granted

SI 00501.420B.2.i.

L

 

“Admitted as a refugee pursuant to section 207 of the INA”

refugee

SI 00501.420B.2.j.

F

 

none

voluntary departure, awaiting visa

SI 00501.420B.2.k.

T/change to K after visa granted

 

none (may also have letter)

suspension of deportation pursuant to section 244 of the INA

SI 00501.420B.2.n.

J/change to K after visa granted

 

fingerprint/
security counterfoil, code W or S

illegal alien apprehended 11/6/86-5/4/87

SI 00501.420B.2.p.

code appropriate for PRUCOL status

 

“Registered for temporary protected status under section 302 IMMACT90”

Temporary Protected Status (TPS), work not authorized on TPS document

SI 00501.420D.2.

none not eligible

 

“Registered for temporary protected status under section 303 IMMACT90”

TPS (native of El Salvador) work not authorized on TPS document

SI 00501.420D.2.

none not eligible

I-151 or 551 (Alien Registration Receipt Card)

none

lawful permanent resident pursuant to section 249 of the INA

LAPR (do not consider PRUCOL) GN 00303.440

K

I-181 (Memorandum of Creation of Record of Lawful Permanent Residence)

none (may have passport stamped “adjustment application” or “employment authorized during status as adjustment applicant”

filed or granted application for adjustment

SI 00501.420B.2.g.

J/change to K after visa granted

I-210

none

immediate relative petition approved

SI 00501.420B.2.f.

Z/change to K after visa granted

 

none

voluntary departure, awaiting a visa

SI 00501.420B.2.k.

T/change to K after visa granted

 

none

deferred action

SI 00501.420B.2.l.

J

I-220B (Order of Supervision)

none

order of supervision

SI 00501.420B.2.c.

J

I-688 (Temporary Resident Card)
Obsolete – no longer accepted

I-766

status granted pursuant to section 245a of the INA

lawful temp. resident

SI 00501.420B.2.p.

R/change to S when LPR status granted

I-688A (Employment Authorization Card) Obsolete – no longer accepted

I-766

employment authorization

applicant for temporary resident status under IRCA

SI 00501.420B.2.p.

J

I-688B (Employment Authorization Card) Obsolete – no longer accepted

I-766

section 274(a).12(a)(12) or 274(a).12(c)(19)

TPS

SI 00501.420D.2.

none not eligible

order from immigration judge

none

deportation withheld 243(h)

SI 00501.420B.2.o.

J

DHS letter

There are national and locally-developed letters we use in lieu of or in conjunction with other DHS forms to identify various alien statuses. It will be necessary to discern the status of the alien if the letter is the only document provided. If there is any question, contact the local DHS office for assistance in identifying the alien's status.

   

local DHS office documents

Some DHS offices have developed their own stamps; therefore, where the chart indicates no legend on a form, it is possible that there will be a locally produced one. if there is any question as to the veracity or status of the document, contact DHS.

   

questionable
documents

Regardless of the above, if the document presented is questionable or fraudulent, follow instructions in the Administrative-Confidential Memorandum.

   

To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0500501430
SI 00501.430 - Verification of Alien Status with the Department of Homeland Security (DHS) to Establish Permanent Residence Under Color of Law (PRUCOL) - 07/31/2012
Batch run: 07/31/2012
Rev:07/31/2012