Refugee Social Services Provider Manual

Appendix I
Status Verification

Revision 05-1; Effective April 1, 2005

Individuals Paroled as Refugees or Asylees Under §212(d)(5)
of the Immigration and Nationality Act (INA)*

Acceptable documents are:

*Note: This status has been granted rarely since 1980. It is unlikely that eligibility workers will encounter this type of documentation. Eligibility workers may encounter other individuals, not refugees or asylees, who have been paroled under §212(d)(5). The documentation of other parolees under §212(d)(5) may include language such as "humanitarian" or "public interest parole." An example of a population with this documentation would be parolees who receive benefits under the "Lautenberg Amendment," a special provision that allows nationals from the former Soviet Union, Vietnam, Laos, or Cambodia to adjust their status after having resided in the United States for one year. These types of parolees under §212(d)(5) are NOT eligible for ORR benefits. Only individuals who are listed as refugees or asylees are eligible under this provision. However, if the individual is a national of Cuba or Haiti, he or she may be eligible under the provisions concerning Cuban and Haitian entrants.

Refugees Admitted Under §207 of the INA

Acceptable documents are:

*Note: The INS Form I-571, which is a United States Refugee Travel Document, does not distinguish between refugees and asylees. An individual with a United States Refugee Travel Document may be a refugee or an asylee.

Asylees Whose Status Was Granted Under §208 of the INA

Acceptable documents are:

*Note 1: The INS Form I-571, which is a United States Refugee Travel Document, does not distinguish between refugees and asylees. An individual with a United States Refugee Travel Document may be a refugee or an asylee.

**Note 2: If the INS has reserved its right to appeal, an Immigration Judge Order will not serve, on its own, as proof of asylee status. If an asylee brings an Immigration Judge Order that shows the INS has reserved its right to appeal, eligibility workers must wait 30 days from the date on the Immigration Judge Order. On or after the 31st day, the eligibility worker will need to call the Executive Office for Immigration Review (EOIR) case status line at (800) 898-7180 to find out whether the INS has appealed the case. (The EOIR reports that it may take up to five days after the appeal deadline for the information to be relayed to the case status line.) If the INS has appealed the case, the individual is not yet an asylee and is not eligible for benefits. If the INS has not appealed the case and 30 days have passed since the date on the Immigration Judge Order, the individual is an asylee and is eligible for ORR assistance and services.

Cuban and Haitian Entrants, In Accordance With the Requirements in 45 CFR §401.2

1. Acceptable documents for any individual granted parole status as a Cuban/Haitian Entrant (Status Pending) or granted any other special status* subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided:
   
   
   

   Documents/Codes	Comments
   An I-94 Arrival/departure card with a stamp showing parole at any time as a "Cuban/Haitian Entrant (Status Pending)"	I-94 may refer to §212(d)(5).
   CH6 adjustment code on the I-551	Even after a Cuban/Haitian Entrant (Status Pending) becomes a permanent resident, he/she technically retains the status Cuban/Haitian Entrant (Status Pending).
   An I-94 Arrival/departure card with a stamp showing parole into the U.S. on or after April 21, 1980	I-94 may refer to §212(d)(5).
   A Cuban or Haitian passport with a §212(d)(5) stamp dated after October 10, 1980.	-

   
   

   *Note: ORR does not interpret the phrase, "any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti" to refer to lawful permanent residence obtained under the Nicaraguan Adjustment and Central American Relief Act (NACARA) or the Haitian Refugee Immigration Fairness Act (HRIFA). Although NACARA and HRIFA offer a special opportunity for nationals of Cuba and Haiti, the status conferred by these laws — lawful permanent residence—is not a "special status." Thus, if the person did not qualify as a Cuban and Haitian entrant, adjustment of status, regardless of the legal basis for the adjustment, does not make the person a Cuban and Haitian entrant.

2. Acceptable documents for a national of Cuba or Haiti who was paroled into the United States and has not acquired any other status under the INA and with respect to whom a final, nonappealable, and legally enforceable order of removal, deportation, or exclusion* has not been entered:
   
   
   

   Documents/Codes	Comments
   An I-94 Arrival/departure card showing parole into the United States	I-94 may refer to §212(d)(5), humanitarian or public interest parole.**
   I-766 Employment Authorization Document with the code A04	-
   I-766 Employment Authorization Document with the code C11	-
   I-688B Employment Authorization Document with the provision of law 274a.12(a)(4)***	This is an older version of the employment authorization document but is still in use.
   I-688B Employment Authorization Document with the provision of law 274a.12(c)(11)***	This is an older version of the employment authorization document but it is still in use.

   
   

   *Note 1: The question of whether there is a final, nonappealable, legally enforceable order of removal, deportation, or exclusion is essentially a legal determination that cannot simply be made by reviewing any of the listed documents. Moreover, it is not a decision that can easily be made by eligibility workers in the regular course of eligibility determinations. ORR suggests that eligibility workers require a written declaration, under penalty of perjury, that the individual has a status that makes him or her eligible for ORR programs and attempt to use other methods to uncover this information, such as calling the EOIR case status line at (800) 898-7180, submitting Form G-845 to the local INS office, asking the applicant for more information, or, if participating, accessing the INS SAVE system. Note that these methods may not be definitive. If an applicant appears eligible given the available information, the agency should provide benefits while conducting further investigation. If, after reviewing documents and attempting to determine whether there is a final, nonappealable, legally enforceable order of removal, deportation, or exclusion, an eligibility worker remains uncertain about an applicant's eligibility, please call Anna Marie Bena at (202) 260-5186.

   **Note 2: As treatment of Cuban and Haitian entrants has developed, INS officials occasionally may have used notations on the I-94s of Cuban and Haitian entrants that are not listed above. Eligibility workers may see various notations that convey parole. For example, eligibility workers previously may have seen the notation, "EWI," which technically stands for "Entered Without Inspection" but was being used for individuals who were paroled. Please call Anna Marie Bena at (202) 260-5186 if you encounter unusual notations or if you are uncertain of the relevance of a particular notation.

   ***Note 3: If an individual provides an I-688B, Employment Authorization Document, which does not provide information about nationality, eligibility workers must request other documentation to confirm that the individual is a Cuban or Haitian national.

3. Acceptable documentation for a national of Cuba or Haiti who is the subject of removal, deportation, or exclusion proceedings* under the INA and with respect to whom a final, nonappealable, and legally enforceable order of removal, deportation, or exclusion** has not been entered:
   
   
   

   Documents/Codes	Comments
   INS Form I-221	Order to show cause and notice of hearing
   INS Form I-862	Notice to appear
   INS Form I-220A	Order of release on recognizance
   INS Form I-122	Notice to applicant detained for a hearing before an immigration judge
   INS Form I-221S	Order to show cause, notice of hearing and warrant for arrest
   Copy of INS Form I-589 date stamped by the Executive Office for Immigration Review (EOIR)	Application for asylum and withholding of removal; individual is subject of removal, deportation or exclusion proceedings.
   Copy of INS Form I-485 date stamped by EOIR	Application to register permanent residence or to adjust status; individual is subject of removal, exclusion or deportation proceedings.
   EOIR-26	Notice of appeal, date stamped by the office of the immigration judge
   I-766 Employment Authorization Document with the code C10	Application for suspension of deportation/cancellation of removal submitted
   I-688B Employment Authorization Document with the provision of law 274a.12(c)(10)***	Application for suspension of deportation/cancellation of removal submitted
   Other applications for relief that have been date stamped by EOIR	-
   Other documentation pertaining to an applicant's removal, exclusion or deportation proceedings	Example: a notice of a hearing date before an Immigration Judge

   
   

   *Note 1: Although the above documents show that proceedings have been initiated in a case, they cannot confirm that proceedings are continuing. In order to confirm that proceedings are continuing, eligibility workers will need to use other methods, such as calling the EOIR case status line at (800) 898-7180, submitting Form G-845 to the local USCIS office, or, if participating, accessing the USCIS SAVE system. If an eligibility worker cannot determine whether proceedings are ongoing, please call Anna Marie Bena at (202) 260-5186.

   **Note 2: The question of whether there is a final, nonappealable, legally enforceable order of removal, deportation, or exclusion is essentially a legal determination that cannot simply be made by reviewing any of the listed documents. Moreover, it is not a decision that can easily be made by eligibility workers in the regular course of eligibility determinations. ORR suggests that eligibility workers require a written declaration, under penalty of perjury, that the individual has a status that makes him or her eligible for ORR programs and attempt to use other methods to uncover this information, such as calling the EOIR case status line at (800) 898-7180, submitting Form G-845 to the local USCIS office, asking the applicant for more information, or, if participating, accessing the INS SAVE system. Note that these methods may not be definitive. If an applicant appears eligible given the available information, the agency should provide benefits while conducting further investigation. If, after reviewing documents and attempting to determine whether there is a final, nonappealable, legally enforceable order of removal, deportation, or exclusion, an eligibility worker remains uncertain about an applicant's eligibility, please call Anna Marie Bena at (202) 260-5186.

   ***Note 3: If an individual provides an I-688B, Employment Authorization Document, which does not provide information about nationality, eligibility workers must request other documentation to confirm that the individual is a Cuban or Haitian national.

4. Acceptable documents for a national of Cuba or Haiti who has an application for asylum pending with the INS and with respect to whom a final, nonappealable, and legally enforceable order of removal, deportation, or exclusion* has not been entered:
   
   
   

   Documents/Codes	Comments
   INS receipt for filing Form I-589	Application for asylum and withholding of removal
   I-766 Employment Authorization document with the code C08	-
   I-688B Employment Authorization Document with the provision of law 274a.12(c)(8)**	This is an older version of the employment authorization document but it is still in use.

   
   

   *Note 1: The question of whether there is a final, nonappealable, legally enforceable order of removal, deportation, or exclusion is essentially a legal determination that cannot simply be made by reviewing any of the listed documents. Moreover, it is not a decision that can easily be made by eligibility workers in the regular course of eligibility determinations. ORR suggests that eligibility workers require a written declaration, under penalty of perjury, that the individual has a status that makes him or her eligible for ORR programs and attempt to use other methods to uncover this information, such as calling the EOIR case status line at (800) 898-7180, submitting Form G-845 to the local USCIS office, asking the applicant for more information, or, if participating, accessing the USCIS SAVE system. Note that these methods may not be definitive. If an applicant appears eligible given the available information, the agency should provide benefits while conducting further investigation. If, after reviewing documents and attempting to determine whether there is a final, nonappealable, legally enforceable order of removal, deportation, or exclusion, an eligibility worker remains uncertain about an applicant's eligibility, please call Anna Marie Bena at (202) 260-5186.

   **Note 2: If an individual provides an I-688B, Employment Authorization Document, which does not provide information about nationality, eligibility workers must request other documentation to confirm that the individual is a Cuban or Haitian national.

Certain Amerasians

Acceptable documents for certain Amerasians (as defined in §7.303(1)(E)) are:

Lawful Permanent Residents Who Previously Held One of the Above Identified Statuses

Note that this does not refer to Amerasians who are admitted as lawful permanent residents. Acceptable documents are:

Victim of a Severe Form of Trafficking

Acceptable documents for individuals certified by the U.S. Department of Health and Human Services (HHS) under section 107(b) of the Trafficking Victims Protection Act of 2000:

Designated Eligible by the Director of ORR

Anytime the director of ORR designates or changes eligibility, OIRA will notify contractors in writing of the changes in eligible statuses and documentation.

Contractors cannot certify individuals as eligible if they do not meet one of the criteria listed in §7.303(1), unless OIRA has issued a formal notification letter noting an exception.

Additional Information

If an I-94 does not contain a date of birth, providers may use any documentation available to determine date of birth. For example, biographical data from the U.S. Department of State would be acceptable for arriving refugees.

If an I-94 is presented that does not have a date of arrival stamped on it, providers must direct the applicant to petition the INS for a revised I-94. If the applicant is a refugee who was resettled by the RCA provider or local VOLAG, data provided by the U.S. Department of State can be accepted until a revised I-94 is received.

If an I-94 is presented that does not have an A# documented on it and the applicant meets all other eligibility standards, services may be provided with the permission of OIRA. Applicants should contact the INS immediately and request verification that their A# has been provided to them.

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