[Federal Register Volume 62, Number 221 (Monday, November 17, 1997)]
[Notices]
[Pages 61344-61416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29851]
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DEPARTMENT OF JUSTICE
[AG Order No. 2129-97]
Interim Guidance on Verficiation of Citizenship, Qualified Alien
Status and Eligibility Under Title IV of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996
AGENCY: Department of Justice.
ACTION: Notice of interim guidance with request for comments.
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SUMMARY: Title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (``PRWORA'') requires the Attorney General,
by February 1998, to promulgate regulations requiring verification that
an applicant for federal public benefits is a qualified alien eligible
to receive federal public benefits under the Act. Amendments to the
PRWORA by the Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 also require the Attorney General, within the same time
period, to establish fair and nondiscriminatory procedures for
applicants to provide proof of citizenship. Amendments to the PRWORA by
the Balanced Budget Act of 1997 require the Attorney General, by
November 3, 1997, to issue interim verification guidance that sets
forth procedures that benefit providers can use to verify citizenship,
qualified alien status, and eligibility under Title IV of the PRWORA
prior to issuance of the final regulations. In accordance with this
last statutory requirement, the Attorney General, in consultation with
federal benefit-granting agencies, has developed this interim guidance.
DATES: This Interim Guidance is effective October 29, 1997.
ADDRESSES: Comments should be submitted to: John E. Nahan, Immigration
and Naturalization Service, 425 I St., N.W., ULLICO Building, 4th
Floor, Washington, D.C. 20536, (202) 514-2317.
FOR FURTHER INFORMATION CONTACT:
John E. Nahan, Immigration and Naturalization Service, 425 I St., N.W.,
ULLICO Building, 4th Floor, Washington, D.C. 20536, (202) 514-2317.
SUPPLEMENTARY INFORMATION: By the authority vested in me as Attorney
General by law, including section 432(a) of the Personal Responsibility
and Work Opportunity Reconciliation Act of 1996 (as amended), I hereby
issue the following Interim Guidance on Verification of Citizenship,
Qualified Alien Status and Eligibility Under Title IV of the Personal
Responsibility and
[[Page 61345]]
Work Opportunity Reconciliation Act of 1996.
Dated: October 29, 1997.
Janet Reno,
Attorney General.
Interim Guidance on Verification of Citizenship, Qualified Alien Status
and Eligibility Under Title IV of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996
Introduction
A. Summary
Title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (the ``Act'') provides that, with certain
exceptions, only United States citizens, United States non-citizen
nationals and ``qualified aliens'' (and sometimes only particular
categories of qualified aliens) are eligible for federal, state and
local public benefits. The Act, as amended by the Balanced Budget Act
of 1997, requires the Attorney General, by November 3, 1997, to issue
interim guidance on the verification of eligibility of aliens for
federal public benefits. The Act also requires the Attorney General, by
February 1998, to promulgate final regulations requiring verification
that an applicant is a qualified alien eligible to receive federal
public benefits under the Act. States have an additional twenty-four
months to put into effect a verification system that complies with
those regulations. Amendments to the Act by the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 further require the
Attorney General to establish fair and nondiscriminatory procedures for
applicants to provide proof of citizenship. Benefit providers, however,
are required to implement the Act, and hence to make determinations
regarding citizenship, qualified alien status, and eligibility under
Title IV of the Act, before the Attorney General's issuance of new
regulations and the States' development of conforming verification
systems.
This memorandum provides guidance on how to verify citizenship,
immigration status and eligibility under Title IV of the Act during
this interim period. This guidance adopts a four-step procedure: (1)
Determine if your program provides a ``federal public benefit'' subject
to the Act's verification requirements; (2) Determine whether the
applicant is otherwise eligible for benefits under general program
requirements; (3) Verify the applicant's status as a U.S. citizen, U.S.
non-citizen national or qualified alien; and (4) Verify the applicant's
eligibility for benefits under the Act. If at any step you determine
that you are not required to verify (or further verify) immigration
status, you should not go on to the following step(s). If you have any
questions regarding verification of immigration status pursuant to this
Guidance, contact the local office of the Immigration and
Naturalization Service (``INS'') serving your geographic area. A list
of local INS offices is set forth in Attachment 1. Attachment 1 also
includes a copy of INS Form G-845 and the Supplement thereto to be used
to verify immigration status pursuant to this Guidance.
This Guidance applies only to federal public benefits, and does not
directly address the citizenship and immigration requirements that
Title IV of the Act imposes on the provision of state and local public
benefits. To the extent that you are required to verify that an
applicant is a U.S. citizen, U.S. non-citizen national or qualified
alien when determining eligibility for a state or local program,
however, the Attorney General will be promulgating regulations that set
forth procedures by which state and local providers can verify alien
eligibility for such benefits. During the interim, we advise that you
use this Guidance in consultation with state and local authorities.
B. Programs With Governmental Verification
Some federal programs (e.g., Medicaid) require federal, state and
local governmental agencies, but not private providers, to verify
citizenship and immigration status as part of program eligibility
determinations. The private entities actually providing the benefits
must abide by the verification determination made by the governmental
agency; they engage in no independent verification. Nothing in this
Guidance modifies such program requirements: providers of benefits
under programs where verification is performed by a governmental agency
are not required by this Guidance to verify that an applicant is a U.S.
citizen, non-citizen national or qualified alien, and they should not
engage in such verification. They should continue to provide benefits
pursuant to program requirements based on the verification
determinations made by the appropriate governmental agency.
C. Programs Currently Required To Use the SAVE System
Some federal programs (e.g., Medicaid, unemployment compensation,
educational assistance under Title IV of the Higher Education Act of
1965, assisted housing programs administered by the Department of
Housing and Urban Development) already require, absent a waiver,
verification of the immigration status of noncitizens applying for
benefits through the Systematic Alien Verification for Entitlements
(``SAVE'') system. SAVE is an intergovernmental information-sharing
program that is available to benefit-granting agencies that need to
determine an alien's immigration status. With one exception, nothing in
the Act changes preexisting legal requirements regarding use of the
SAVE system or relieves the administrators of statutorily mandated
programs of their obligations to comply with the SAVE program
(including the terms of any waiver of SAVE program requirements
received from the appropriate federal agency); section 840 of the Act,
however, did remove the requirement that a state agency use the SAVE
system to verify eligibility for Food Stamps. You should note that SAVE
does not provide all of the information that may now be necessary to
determine an individual's eligibility under Title IV of the Act. You
should use this Guidance to obtain or verify that new information.
D. Exemption for Nonprofit Charitable Organizations
Subject to such verification regulations as the Attorney General
may subsequently adopt and the limitations set forth immediately below,
a ``nonprofit charitable organization'' providing a federal, state or
local public benefit covered by the Act is not required under Title IV
of the Act to determine, verify, or otherwise require proof of an
applicant's eligibility for such benefits based on the applicant's
status as a U.S. citizen, U.S. non-citizen national or qualified alien.
Thus, a nonprofit charitable organization is not required by the Act to
seek an applicant's confirmation that he or she is a qualified alien,
or to have a separate entity verify the applicant's status before
providing benefits. To be eligible for this exemption, an organization
must be both ``nonprofit'' and ``charitable.'' For purposes of this
Guidance, an organization is ``nonprofit'' if it is organized and
operated for purposes other than making gains or profits for the
organization, its members or its shareholders, and is precluded from
distributing any gains or profits to its members or shareholders. An
organization is ``charitable'' if it is organized and operated for
charitable purposes. The term ``charitable'' should be interpreted in
its generally accepted legal sense as developed by judicial decisions.
It includes organizations
[[Page 61346]]
dedicated to relief of the poor and distressed or the underprivileged,
as well as religiously-affiliated organizations and educational
organizations. If you have any questions as to whether your
organization is a nonprofit charitable organization exempt from the
Act's verification requirements, you should contact the federal, state
or local agency overseeing the program you administer to obtain
guidance.
The exemption for nonprofit charitable organizations is limited to
verification requirements imposed by Title IV of the Act and to those
instances in which the nonprofit charitable organization itself would
be required by Title IV to engage in verification. Certain programs,
however, require federal, state and local agencies to verify
citizenship and immigration status as part of program eligibility
determinations, while benefits are provided, at least in part, by
charitable organizations. Other programs currently require verification
by the charitable organization itself. These independent requirements
are not altered by the provision exempting nonprofit charitable
organizations from the Act's verification requirements. If a non-exempt
entity (e.g., a state agency) performs verification for benefits
provided through a nonprofit charitable organization, you must abide by
those determinations. Similarly, if your program has procedures
unrelated to Title IV of the Act that require verification by your
charitable organization, or adopts such procedures in the future, you
must comply with such procedures.
A nonprofit charitable organization that chooses not to verify
cannot be penalized (e.g., through cancellation of its grant or denial
of reimbursement for benefit expenditures) for providing federal public
benefits to an individual who is not a U.S. citizen, U.S. non-citizen
national or qualified alien, except when it does so either in violation
of independent program verification requirements or in the face of a
verification determination made by a non-exempt entity. However, if
your organization chooses to verify, even though it is a nonprofit
charitable organization that is not required to do so under the Act,
you should comply with the procedures set forth in this Guidance and
provide benefits only to those whom you verify to be U.S. citizens,
U.S. non-citizen nationals or qualified aliens. Any verification
request to INS by a nonprofit charitable organization must be
accompanied by the written consent of the individual whose status is to
be verified to the release of information about the individual to a
nongovernmental entity. The consent must be notarized or executed under
penalty of perjury. (INS Form G-639 may be used for this purpose.)
E. Nondiscrimination and Privacy Requirements
Various federal civil rights laws and regulations prohibit
discrimination by governmental and private entities on the basis of
race, color, national origin, gender, religion, age and disability.
They include Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d
et seq. (``Title VI''), Section 504 of the Rehabilitation Act of 1973,
29 U.S.C. 794, the Americans with Disabilities Act of 1990, 42 U.S.C.
12101 et seq., the Age Discrimination Act of 1975, 42 U.S.C. 6101 et
seq., and the Fair Housing Act, 42 U.S.C. 3601 et seq. These laws apply
to entities' provision of any public benefits, including their
implementation of the Act. In particular, Title VI prohibits
discrimination on the basis of race, color, or national origin in any
program or activity, whether operated by a public or private entity,
that receives federal funds or other federal financial assistance.
Thus, in operating or participating in a federally assisted program and
implementing the requirements of the Act, including those set forth in
this Guidance, a provider should not, on the basis of race, color or
national origin, directly or indirectly differentiate among persons in
the types of program services, aids or benefits it provides or the
manner in which it provides them. For example, benefit providers should
treat all similarly situated individuals in the same manner, and should
not single out individuals who look or sound foreign for closer
scrutiny or require them to provide additional documentation of
citizenship or immigration status. The nondiscrimination requirements
of Title VI and other applicable civil rights laws are discussed more
fully in Attachment 2.
If you have questions regarding issues of discrimination that may
arise with respect to benefit-granting procedures or the implementation
of this Guidance, you should contact the civil rights office of the
pertinent benefit-granting agency or the applicable office in the Civil
Rights Division of the U.S. Department of Justice. Contact numbers in
the U.S. Department of Justice, Civil rights Division are set forth in
Attachment 2.
When implementing the Act's verification requirements, you should
be sensitive to privacy interests, and should use the citizenship and
immigration status information received only for purposes of verifying
the applicant's eligibility for benefits under the Act and, if you are
a governmental entity, for sharing such information with the INS and
other governmental entities as provided by the Act. You should also
review the Privacy Act (5 U.S.C. 552a), state and local privacy laws,
and your program's requirements to ensure that you comply with all
applicable privacy requirements.
Verification Procedures
Step 1: Determine if Your Program Provides a ``Federal Public Benefit''
Subject to the Act's Verification Requirements
The Act's requirement that benefit recipients be U.S. citizens,
U.S. non-citizen nationals or qualified aliens does not apply to all
federally funded activity or programs; it applies only to non-exempted
``federal public benefits''. Therefore, benefit providers should first
determine whether the particular program they are administering
provides a ``federal public benefit'' for which the Act requires them
to verify citizenship, nationality or immigration status. Preliminary
guidance on which programs provide ``federal public benefits'' subject
to the Act's verification requirements is set forth in Attachment 3. If
the federal program does not provide a ``federal public benefit''
covered by the Act (e.g., the program is exempted by Attorney General
Order No. 2049, 61 FR. 45,985 (1996), regarding government-funded
community programs, services or assistance that are necessary for the
protection of life or safety), the benefit provider is not required to,
and should not attempt to, verify an applicant's status, unless
otherwise required or authorized to do so by law, because all aliens,
regardless of their immigration status, are eligible for such benefits.
If one program provides several public benefits, the Act's
requirements apply only to those benefits that are non-exempted federal
public benefits under the Act. A provider is not required to, and
should not, verify the citizenship, nationality and immigration status
of applicants for other benefits provided by the program that do not
constitute federal public benefits.
Step 2: Determine Whether Applicant is Eligible for Benefits Under
General Program Requirements
Given the potential intrusiveness and possibly time-consuming
nature of the citizenship and alien status verification inquiry, a
provider should determine whether an applicant otherwise meets specific
program requirements for
[[Page 61347]]
benefit eligibility before initiating the verification process, unless
determining program eligibility would be considerably more complex and
time-consuming than verifying immigration status. This will reduce
verification inquiries that prove unnecessary because the applicant is
not otherwise eligible for the benefits requested. This Guidance does
not address these other program eligibility requirements; a provider
should refer to the statute, regulations and agency guidance (if any)
governing its program for such requirements. (Note, however, that Title
IV contains provisions requiring that, upon the effective date of the
new affidavit of support, required under section 213A of the Act, when
determining eligibility for federal means-tested public benefits and
the amount of such benefits to which an alien is entitled, the income
and resources of the alien be deemed to include those of any person
executing an affidavit of support on behalf of the alien and that
person's spouse, if applicable, with certain exceptions for indigent
qualified aliens and aliens who (or whose children or parents) have
been battered or subjected to extreme cruelty in the U.S. by a spouse,
parent or member of the spouse or parent's family. See Exhibit B of
Attachment 5.)
Determining program eligibility will normally include verifying
that the applicant is who he or she claims to be. Although many of the
documents and procedures relevant to determining citizenship or
immigration status may also be relevant to identity verification, this
Guidance is designed to provide assistance in determining the status of
applicants whose identity has already been verified, and does not
address appropriate identity verification procedures. It is your
responsibility to assure yourself, pursuant to non-discriminatory
procedures, of the identity of the applicant.
Step 3: Verify Applicant's Status as A U.S. Citizen, U.S. Non-Citizen
National or Qualified Alien
Because the process of verifying an individual's status as a U.S.
citizen, U.S. non-citizen national or qualified alien raises
significant issues involving privacy and anti-discrimination
protections, no verification of an applicant's status as a U.S.
citizen, U.S. non-citizen national or qualified alien should be
undertaken where benefits are not contingent on such status. In
addition, if an alien is applying for benefits on behalf of another
person, you may, under federal law, only verify the status of the
person who will actually be receiving the benefits.
Except as set forth in this paragraph, if your program provides a
non-exempted ``federal public benefit,'' and thus is available only to
U.S. citizens, U.S. non-citizen nationals and qualified aliens, you
should verify an applicant's status as set forth below. If you are a
private provider of a ``federal public benefit'' and your program
requires verification by a federal, state or local governmental agency,
but not by a private provider, you should not engage in any independent
verification and should continue to comply with the verification
determinations made by the appropriate governmental entity. If you are
on the SAVE system, you should continue following the SAVE procedures
and should use this Guidance only for matters not addressed under the
SAVE program.
A. U.S. Citizen or Non-Citizen National
1. Ask for Declaration of Status. If you are required to verify an
applicant's status as a U.S. citizen, U.S. non-citizen national or
qualified alien, you should begin by asking the applicant to submit a
written declaration, under penalty of perjury, that he or she is a
citizen or non-citizen national of the U.S. (or that he or she is a
qualified alien--see Paragraph B.1. below).
Subject to certain exceptions and qualifications (particularly with
respect to derivative citizenship), a United States citizen is:
A person (other than the child of a foreign diplomat) born
in one of the several States or in the District of Columbia, Puerto
Rico, Guam, the U.S. Virgin Islands, or the Northern Mariana Islands
who has not renounced or otherwise lost his or her citizenship;
A person born outside of the United States to at least one
U.S. citizen parent (sometimes referred to as a ``derivative
citizen''); or
A naturalized U.S. citizen.
As a general matter, a United States non-citizen national is a
person born in an outlying possession of the United States (American
Samoa or Swain's Island) on or after the date the U.S. acquired the
possession, or a person whose parents are U.S. non-citizen nationals
(subject to certain residency requirements).
The law regarding U.S. citizenship and nationality is complex.
These broad definitions are provided for general guidance only, and do
not address all of the complexities involved in attaining or losing
status as a U.S. citizen or non-citizen national. See 8 U.S.C. 1401 et
seq.
If you have any questions regarding whether an applicant is a U.S.
citizen or non-citizen national, you should consult with the INS (in
the case of a naturalized citizen) or the federal agency or department
that oversees your program.
2. Verify Status. A number of programs have existing procedures for
verifying that an applicant is a U.S. citizen or non-citizen national
for purposes of program eligibility. You should continue to comply with
any existing or future legal requirements for verifying citizenship and
nationality that are imposed on your program, as well as with any
applicable existing or future guidance provided by the agency or
department overseeing your program. If a program has no requirements or
guidance regarding verification, a benefit provider should refer to
this Guidance.
The appropriate method of verifying an applicant's citizenship will
depend upon the requirements and needs of the particular program,
including, but not limited to , the nature of the benefits to be
provided, the need for benefits to be provided on an expedited basis,
the length of time during which benefits will be provided, the cost of
providing the benefits, the length of time it will take to verify based
on a particular method, and the cost of a particular method of
verification. For example, a benefit provider could adopt a quick and
simple verification procedure if it provides short-term benefits and
the cost of extensive verification will outweigh the cost of the
benefits or if verification will be time-consuming and the benefits are
needed in the short term. On the other hand, if the benefit provider
provides substantial, long-term benefits, it may be reasonable to
require more extensive verification of citizenship.
Regardless, a benefit provider's decision as to the appropriate
method must be made in a non-discriminatory fashion; for example, it
cannot turn on the fact that the applicant looks or sounds foreign or
has an ethnic surname. A benefit provider should adopt neutral
procedures that apply equally to all applicants regardless of their
appearance, ethnicity or accent. A benefit provider should not
implement its procedures in a manner that discriminates against
applicants whom it assumes to be foreign; nor should a benefit provider
treat any applicant in a more beneficial manner based on assumptions as
to the applicant's citizenship. (See Nondiscrimination Advisory in
Attachment 2.)
To verify that an applicant is a U.S. citizen or non-citizen
national, a benefit provider could do any one of the following:
[[Page 61348]]
(a) Ask the applicant to present a document demonstrating that he
or she is a U.S. citizen or non-citizen national. Documents that can be
used to make this demonstration are described in Attachment 4. (A
benefit provider may also consult records of verified citizenship, if
any, maintained by the agency overseeing its program.)
(i) If the document reasonably appears on its face to be genuine
and to relate to the individual presenting it (or, if your program
already has existing guidance or procedures mandating a higher standard
of proof for acceptance of documentary evidence of status, the document
satisfied that higher standard), the provider should accept the
document as conclusive evidence that the applicant is a U.S. citizen or
non-citizen national, and should not verify status any further.
(ii) If the document presented does not on its face reasonably
appear to be genuine (or to satisfy a higher applicable standard) or to
relate to the individual presenting it, the benefit provider should
contact the governmental entity that originally issued the document
presented or that can confirm the applicant's status as a U.S. citizen
or non-citizen national. (With regard to naturalized citizens and
derivative citizens presenting certificates of citizenship, the INS is
the appropriate governmental entity to contact for verification of such
status. If the applicant presents a document relating to such status
and that document does not on its face reasonably appear to be genuine
or to relate to the applicant (or to satisfy a higher applicable
standard), the provider may request verification of status by filing
INS Form G-845 along with copies of the pertinent documents provided by
the applicant with the local INS office. If an applicant has lost his
or her original documents or never had an original document
demonstrating naturalized or derivative citizenship, refer the
applicant to the local INS office to obtain documentation of status.)
(b) Accept a written declaration, made under penalty of perjury and
possibly subject to later verification of status, from one or more
third parties indicating a reasonable basis for personal knowledge that
the applicant is a U.S. citizen or non-citizen national.
(c) Accept the applicant's written declaration, made under penalty
of perjury and possibly subject to later verification of status, that
he or she is a U.S. citizen or non-citizen national.
The options described in subparagraphs (b) and (c) above present a
greater potential for undetected false claims of being a United States
citizen or non-citizen national, and therefore should be used with
caution in appropriate circumstances. For example, before using these
options, a provider might require the applicant to demonstrate why a
document evidencing that he or she is a U.S. citizen or non-citizen
national does not exist or cannot be readily obtained. Such a
requirement must be imposed equally on all applicants, and cannot be
applied in a discriminatory manner.
3. Action Pending Verification. In an applicant has satisfied the
above requirements regarding submission of a sworn declaration and
presentation of any other required evidence of status, you should refer
to the legal requirements of your program and to any applicable
guidance provided by the federal agency or department overseeing your
program to determine if you should grant or withheld benefits during
the period of time in which you are verifying the applicant's status.
If your program has no such requirements or guidance and the applicant
has submitted a written declaration, under penalty of perjury, that he
or she is a U.S. citizen or non-citizen national, you should not delay,
deny, reduce or terminate the applicant's eligibility for benefits
under the program on the basis of an applicant's citizenship or
nationality during the period of time it takes to verify his or her
status.
4. Take Action Based on Results of Verification. If you verify that
the applicant is a U.S. citizen or non-citizen nation, you are subject
to no further verification requirements under Title IV of the Act and
should grant the benefits requested if the applicant is otherwise
eligible for them under the specific program's requirements. If you
cannot verify that the applicant is a U.S. citizen or non-citizen
national after exhausting the above-described methods (and the
applicant is not a qualified alien--see below), you should deny the
benefits requested, and notify the applicant pursuant to your regular
procedures of his or her rights under the applicable program to appeal
the denial of benefits. If the INS was involved in the provider's
attempt to verify naturalized or derivative citizenship, the INS will,
upon request of the agency or department handling the appeal, conduct a
thorough review of its initial verification response and will provide
the agency or department with information in its possession necessary
to resolve the appeal.
B. Qualified Alien
1. Ask for Declaration of Status. If an applicant is not a U.S.
citizen or U.S. non-citizen national, you may grant the applicant non-
exempt federal public benefits only if the applicant submits a written
declaration, under penalty of perjury, that he or she has an
immigration status that makes him or her a ``qualified alien'' and you
verify that status as set forth below.
A ``qualified alien'' is:
An alien lawfully admitted for permanent residence under
the Immigration and Nationality Act (``INA'');
An alien granted asylum under section 208 of the INA;
A refugee admitted to the U.S. under section 207 of the
INA;
An alien paroled into the U.S. under section 212(d)(5) of
the INA for at least one year;
An alien whose deportation is being withheld under section
243(h) of the INA as in effect prior to April 1, 1997, or whose removal
is being withheld under section 241(b)(3) of the INA;
An alien granted conditional entry pursuant to section
203(a)(7) of the INA as in effect prior to April 1, 1980;
An alien who is a Cuban or Haitian entrant as defined in
section 501(e) of the Refugee Education Assistance Act of 1980; or
An alien who (or whose child or parent) has been battered
or subjected to extreme cruelty in the U.S. and otherwise satisfies the
requirements of Sec. 431(c) of the Act (see Exhibit B of Attachment 5).
2. Request Documentation of Immigration Status. Ask the applicant
to provide documentation evidencing his or her status as a qualified
alien. The documents that will demonstrate that an applicant is a
``qualified alien'' are described in Attachment 5. Note that, if the
applicant is applying for federal means-tested public benefits covered
by the Act, or possibly a program funded by a Social Services Block
Grant, the applicant may well have to present additional documentation
demonstrating eligibility under the Act--see Step 4 below--and you will
also want to ask the applicant to provide any such additional
documentation demonstrating eligibility.
3. If Supported by Documents, Conclude that the Applicant is a
Qualified Alien. If the documentation reasonably appears on its face to
be genuine (or, if your program already has existing guidance or
procedures mandating a higher standard of proof for acceptance of
documentary evidence of immigration status, the document satisfies that
higher standard) and to relate to the individual presenting it, you
should accept the documentation as conclusive evidence that the
applicant is a qualified alien, you should not further verify
immigration status with
[[Page 61349]]
the INS (unless you are a SAVE user, in which case you should proceed
to verify status according to SAVE procedures), and you should proceed
to determine if the applicant satisfies the Act's other eligibility
requirements for the particular benefits discussed in Step 4 below
(addressing SSI, Food Stamps, TANF, Medicaid, programs funded by a
Social Services Block Grant, and federal means-tested public benefits).
4. If, Based on the Documents Presented, You Are Considering
Concluding that the Applicant Is Not a Qualified Alien, Take the
Following Steps.
(a) Verify Status. If, based on your review of the documents
presented, you are considering determining that an applicant is not a
qualified alien and thus is not eligible for the benefits requested
based on his or her immigration status--e.g., because the document does
not on its face reasonably appear to be genuine (or to satisfy a higher
applicable standard) or to relate to the person presenting it--you
should check with the INS to verify the information presented as set
forth below. (You do not need to check with the INS if the applicant
presents a document that is valid and demonstrates lawful immigration
status but that simply does not qualify him or her for status as a
qualified alien: e.g., INS Form I-94 showing admission as a
nonimmigrant visitor.) Do not determine that an applicant is not a
qualified alien, and do not conclusively deny benefits on that basis,
without first verifying the applicant's status with the INS as follows.
If you are connected to the INS SAVE system, check the applicant's
immigration status using the standard procedures for use of the SAVE
system, including both the electronic mechanism and, if necessary
(e.g., if information regarding the pertinent immigration status cannot
be confirmed through the electronic SAVE database), the procedures for
secondary verification. If you are not connected to the SAVE system and
the applicant presents documents relating to such status, request
verification of immigration status by filing INS Form G-845 and
Supplement along with copies of the pertinent immigration documents
provided by the applicant with the local INS office. In either
instance, the INS will conduct a thorough review of its records to
determine if the applicant is a qualified alien. If the applicant
presents expired documents or is unable to present any documentation
evidencing his or her immigration status, refer the applicant to the
local INS office to obtain documentation of status. In unusual cases
involving applicants who are hospitalized or medically disabled, or who
can otherwise show good cause for their inability to present
documentation, and for whom securing such documentation would
constitute an undue hardship, if the applicant can provide an alien
registration number, you may file INS Form G-845 and Supplement, along
with the alien registration number a copy of any expired INS document
presented, with the local INS office to verify status. As with any
documentation of immigration status, you should confirm that the status
information you receive back from INS pertains to the applicant whose
identity you have verified.
(b) Action Pending Verification. You should refer to the legal
requirements of your program and to any applicable guidance provided by
the federal agency or department overseeing your program, if any, to
determine whether you should grant or withhold benefits during the
period of time in which you are verifying the applicant's immigration
status. If your program has not such requirements or guidance and the
applicant has submitted a written declaration, under penalty of
perjury, that he or she is a qualified alien, you should not delay,
deny, reduce or terminate the applicant's eligibility for benefits
under the program on the basis of an applicant's immigration status
during the period of time it takes to verify his or her immigration
status. If you are to grant benefits pending verification, you should
first determine if the applicant satisfies the Act's other eligibility
requirements (if any) for the benefits requested as set forth in Step 4
below.
(c) Take Action Based on Response to Verification Inquiry. If the
INS notifies you that the applicant has an immigration status that
makes him or her a qualified alien within the meaning of the Act, you
should accept the INS verification of and proceed to determine whether
the applicant satisfies the Act's other eligibility requirements (if
any) for the benefits requested as set forth in Step 4 below.
If the INS modifies you that it cannot verify that the applicant
has an immigration status that makes him or her a qualified alien
within the meaning of the Act, you should deny benefits and notify the
applicant pursuant to your program's regular procedures of his or her
rights under the applicable program to appeal the denial of benefits.
Upon request of the agency or department handling the appeal, the INS
will conduct a thorough review of its initial verification response and
will provide the agency or department with information in its
possession necessary to resolve the appeal.
Step 4: Verify Eligibility Under the Act
Title IV of the Act provides that all qualified aliens are eligible
for some federal public benefits, while it imposes additional
eligibility requirements for receipt of other benefits. If the
qualified alien is applying for a benefit for which all qualified
aliens are eligible, you should not engage in any further verification
of immigration status. If he or she is applying for a program for which
the Act imposes additional eligibility requirements, however, you
should determine whether the applicant satisfies those requirements.
A. Federal Public Benefits With No Further Immigration Eligibility
Requirements for Qualified Aliens
Except as set forth below, all qualified aliens are eligible for
all federal public benefits. If the qualified alien is applying for a
federal public benefit for which all qualified aliens are eligible, you
should not engage in any further verification of immigration status.
Wtih some exceptions, individuals receiving SSI as of August 22,
1996, continue to be eligible for such benefits until the Commissioner
of Social Security, prior to September 30, 1998, redetermines their
eligibility; if, as a result of that redetermination, an individual is
found to be ineligible for SSI, the individual can nevertheless
continue receiving benefits until September 30, 1998.
In the absence of a State's decision to restrict eligibility for
programs funded by a Social Services Block Grant, all qualified aliens
are eligible for Social Services Block Grant programs. In the absence
of a State's decision to restrict eligibility for TANF and Medicaid,
the Act does not restrict the availability of these benefits to
qualified aliens who entered the United States prior to August 22,
1996, and who were continuously present in the United States until
attaining qualified alien status; however, because the Department of
Health and Human Services has determined that TANF and Medicaid are
federal means-tested public benefits, see 62 FR 45,256 (August 26,
1997), aliens who entered the United States on or after August 22,
1996, are ineligible for those programs for five years from the date
that they attain qualified alien status (see discussion of federal
means-tested public benefits in Paragraph B below and Attachment 7).
You should determine whether your State is continuing to provide TANF,
Medicaid,
[[Page 61350]]
and programs funded by a Social Services Block Grant to all qualified
aliens:
' If the State is continuing to provide programs funded by a Social
Services Block Grant to all qualified aliens, you should not engage in
any further verification of immigration status;
' If the State is continuing to provide TANF and Medicaid to all
qualified aliens, you should refer to Paragraph B below and Attachment
7 for further guidance on additional eligibility requirements; and
' If the State has restricted qualified aliens' eligibility for
TANF and Medicaid, you should determine whether the applicant is
eligible for such benefits as set forth in Paragraph B below.
B. Federal Benefits With Additional Eligibility Requirements for
Qualified Aliens SSI, Food Stamps, TANF, Medicaid, and Programs Funded
by a Social Services Block Grant
The Act provides that only certain excepted categories of aliens
are eligible for SSI and Food Stamps. A State may, however, choose to
issue Food Stamp benefits to individuals that are otherwise ineligible
for such benefits under sections 402 or 403 of the Act, provided that
the State reimburses the federal government for the costs of such
benefits and complies with certain administrative requirements. In
addition, if a State has exercised its right to limit qualified aliens'
eligibility for TANF, Medicaid, and programs funded by a Social
Services Block Grant, certain excepted categories of aliens remain
eligible for such programs. The excepted categories of aliens that
remain eligible for SSI are somewhat broader than the excepted
categories for Food Stamps, Medicaid, TANF and programs funded by a
Social Services Block Grant. Consult Attachment 6 for a more specific
description of these excepted categories and the documentation that
will demonstrate that an alien falls within such an exception and thus
remains eligible for these programs.
Federal Means-Tested Public Benefits. With certain exceptions
discussed in greater detail in Attachment 7, qualified aliens are
ineligible to receive federal means-tested public benefits for five
years from the date that they attain qualified alien status. However,
aliens who entered the United States prior to August 22, 1996, and who
were continuously present in the United States until attaining
qualified alien status are not subject to this restriction. In
addition, exceptions are made for refugees, asylees, aliens whose
deportation or removal has been withheld, Cuban/Haitian entrants,
certain Amerasian immigrants, and aliens who are veterans honorably
discharged or on non-training active duty and their families. This
restriction, moreover, does not apply after the expiration of the five-
year period. If a qualified alien is applying for such a benefit, you
should determine, in accordance with Attachment 7, whether he or she
arrived in the United States prior to August 22, 1996, whether he or
she falls within one of the enumerated exceptions, or whether he or she
has been a qualified alien for at least five years.
Attachment 1
Local INS Office Addresses
----------------------------------------------------------------------------------------------------------------
State or territory County File control office Address
----------------------------------------------------------------------------------------------------------------
Alabama......................... ........................... Atlanta, GA.......... 77 Forsyth Street, S.W.,
Atlanta, GA 30303-3427.
Alaska.......................... ........................... Anchorage, AK........ 620 East 10th Avenue,
Suite 102, Anchorage, AK
99501.
Arizona......................... ........................... Phoenix, AZ.......... 2035 North Central Avenue,
Phoenix, AZ 85004-1548.
Arkansas........................ ........................... Memphis, TN.......... 1341 Sycamore View, Suite
100, Memphis, TN 38134.
California...................... Inyo, Kern, Los Angeles, Los Angeles, CA...... 300 North Los Angeles
Orange, Riverside, San Street, Los Angeles, CA
Bernardino, San Luis 90012.
Obispo, Santa Barbara, and
Ventura.
Imperial and San Diego..... San Diego, CA........ 880 Front Street, Suite
1234, San Diego, CA 92101-
8834.
Alameda, Alpine, Amador, San Francisco, CA.... 630 Sansome Street, Room
Butte, Calaveras, Colusa, 300, San Francisco, CA
Contra Costa, Del Norte, 94111-2280.
El Dorado, Fresno, Glenn,
Humboldt, Kings, Lake,
Lassen Madera, Marin,
Mariposa, Mendocino,
Merced, Modoc, Mono,
Monterey, Napa, Nevada,
Placer, Plumas,
Sacramento, San Benito,
San Francisco, San
Joaquin, San Mateo, Santa
Clara, Santa Cruz, Shasta,
Sierra, Siskiyou, Solono,
Sonoma, Stainislaus,
Sutter, Tehama, Trinity,
Tulare, Tuolumne, Yolo,
and Yuba.
Colorado........................ ........................... Denver, CO........... 4730 Paris Street, Albrook
Center, Denver, CO 80239-
2804.
Connecticut..................... ........................... Hartford, CT......... Ribicoff Federal Building,
450 Main Street,
Hartford, CT 06103-3060.
Delaware........................ ........................... Philadelphia, PA..... 1600 Callowhill Street,
Philadelphia, PA 19130-
4112.
District of Columbia............ ........................... Arlington, VA........ 4420 North Fairfax Drive,
Arlington, VA 22203.
[[Page 61351]]
Florida......................... ........................... Miami, FL............ 7880 Biscayne Blvd. Miami,
FL 33138-4797.
Georgia......................... ........................... Atlanta, GA.......... 77 Forsyth Street, S.W.,
Atlanta, GA 30303-3427.
Guam............................ ........................... Agana, GU............ Pacific News Bldg., Room
801, 238 Archbishop
Flores Street, Agana, GU
96910.
Hawaii.......................... ........................... Honolulu, HI......... 595 Ala Moana Blvd.,
Honolulu, HI 96813.
Idaho........................... ........................... Helena, MT........... 2800 Skyway Drive, Helena,
MT 59601.
Illinois........................ ........................... Chicago, IL.......... 10 West Jackson Blvd.,
Chicago, IL 60604.
Indiana......................... ........................... Indianapolis, IN..... Gateway Plaza, 950 North
Meridian Street, Room
400, Indianapolis, IN
46204.
Iowa............................ ........................... Omaha, NE............ 3736 132nd Street, Omaha,
NE 68144.
Kansas.......................... ........................... Kansas City, MO...... 9747 North Conant Avenue,
Kansas City, MO 64153.
Kentucky........................ ........................... Memphis, TN.......... 1341 Sycamore View, Suite
100, Memphis,TN 38134.
Louisiana....................... ........................... New Orleans,LA....... Postal Services Building,
701 Loyola Avenue, Room T-
8011, New Orleans, LA
70113-1912.
Maine........................... ........................... Portland, ME......... 739 Warren Avenue,
Portland, ME 04103-1187.
Maryland........................ ........................... Baltimore, MD........ Nations Bank Center, Tower
One, 100 South Charles/
12th Floor, Baltimore, MD
21201-2725.
Massachusetts................... ........................... Boston, MA........... John F. Kennedy Federal
Bldg., Government Center,
Room E-160, Boston, MA
02203-0701.
Michigan........................ ........................... Detroit, MI.......... Federal Building, 333 Mt.
Elliott Street, Detroit,
MI 48207-4381.
Minnesota....................... ........................... St. Paul, MN......... 2901 Metro Drive, Suite
100, Bloomington, MN
55425.
Mississippi..................... Alcron, Attala, Benton, Memphis, TN.......... 1341 Sycamore View, Suite
Bolivar, Calhoun, Carroll, 100, Memphis, TN 38134.
Chickasaw, Choctaw, Clay,
Coahoma, DeSoto, Grenada,
Humphreys, Itawamba,
Lafayette, Lee, Leflore,
Lowndes, Marshall, Monroe,
Montgomery, Oktibbeha,
Panola, Pontotoc,
Prentiss, Quitman,
Sunflower, Tallahatchie,
Tate, Tippah, Tishomingo,
Tunica, Union, Washington,
Webster, Winston, and
Yalobusha.
Adams, Amite, Claiborne, New Orleans, LA...... Postal Services Building,
Clarke, Copiah, Covington, 701 Loyola Avenue, Room T-
Forrest, Franklin, George, 8011, New Orleans, LA
Greene, Hancock, Harrison, 70113-1912.
Hinds, Holmes, Issaquena,
Jackson, Jasper,
Jefferson, Jefferson
Davis, Jones, Kemper,
Lamar, Lauderdale,
Lawrence, Leake, Lincoln,
Madison, Marion, Neshoba,
Newton, Noxubee, Pearl
River, Perry, Pike,
Rankin, Scott, Sharkey,
Simpson, Smith, Stone,
Walthall, Warren, Wayne,
Wilkinson, and Yazoo.
Missouri........................ Andrew, Atchison, Barry, Kansas City, MO...... 9747 North Conant Avenue,
Barton, Bates, Benton, Kansas City, MO 64153.
Boone, Buchanan, Caldwell,
Callaway, Camden, Carroll,
Cass, Cedar, Christian,
Clay, Clinton, Cole,
Cooper, Dade, Dallas,
Daviess, De Kalb, Douglas,
Gentry, Greene, Grundy,
Harrison, Henry, Hickory,
Holt, Howard, Howell,
Jackson, Jasper, Johnson,
Laclede, Lafayette,
Lawrence, Livingston,
McDonald, Mercer, Miller,
Moniteau, Morgan, Newton,
Nodaway, Oregon, Osage,
Ozark, Pettis, Platte,
Polk, Pulaski, Putnam,
Ray, St. Clair, Saline,
Stone, Sullivan, Taney,
Texas, Vernon, Webster,
Worth, and Wright.
[[Page 61352]]
Adair, Audrain, Bollinger, St. Louis, MO........ Robert A. Young Federal
Butler, Cape Girardeau, Bldg., 1222 Spruce
Carter, Chariton, Clark, Street, Room 1100, St.
Crawford, Dent, Dunklin, Louis, MO 63103-2815.
Franklin, Gasconade, Iron,
Jefferson, Knox, Lewis,
Lincoln, Linn, Macon,
Madison, Maries, Marion,
Mississippi, Monroe,
Montgomery, New Madrid,
Pemiscot, Perry, Phelps,
Pike, Ralls, Randolph,
Reynolds, Ripley, St.
Charles, St. Francois, St.
Louis, Ste. Genevieve,
Schuyler, Scotland, Scott,
Shannon, Shelby, Stoddard,
Warren, Washington, and
Wayne.
Montana......................... ........................... Helena, MT........... 2800 Skyway Drive, Helena,
MT 59601.
Nebraska........................ ........................... Omaha, NE............ 3736 132nd Street, Omaha,
NE 68144.
Nevada.......................... Clark, Esmeralda, Lincoln, Las Vegas, NV........ 3373 Pepper Lane, Las
and Nye. Vegas, NV 89120.
Churchill, Douglas, Elko, Reno, NV............. 1351 Corporate Boulevard,
Eureka, Humboldt, Lander, Reno, NV 89502.
Lyon, Mineral, Pershing,
Storey, Washoe, and White
Pine.
New Hampshire................... ........................... Boston, MA........... John F. Kennedy Federal
Bldg., Government Center,
Room E-160, Boston, MA
02203-0701.
New Jersey...................... ........................... Newark, NJ........... Peter Rodino Federal
Building, 970 Broad
Street, Newark, NJ 07102-
2506.
New Mexico...................... ........................... El Paso, TX.......... 1545 Hawkins, Suite 167,
El Paso, TX 79925.
New York........................ Albany, Broome, Chenango, Albany, NY........... James T. Foley Federal
Columbia, Delaware, Courthouse, 445 Broadway,
Fulton, Greene, Hamilton, Room 227, Albany, NY
Herkimer, Madison, 12207-2999.
Montgomery, Onoeida,
Otsego, Rensselaer,
Saratoga, Schenectady,
Schoharie, Tioga, Warren,
and Washington.
Allegany, Cattaraugus, Buffalo, NY.......... 130 Delaware Avenue,
Cayuga, Chautauqua, Buffalo, NY 14202-2404.
Chemung, Clinton,
Cortland, Erie, Essex,
Franklin, Genesee,
Jefferson, Lewis,
Livingston, Monroe,
Niagara, Onandaga,
Ontario, Orleans, Oswego,
St. Lawrence, Schuyler,
Seneca, Steuben, Tompkins,
Wayne, Wyoming, and Yates.
Bronx, Dutchess, Kings, New York, NY......... 26 Federal Plaza, New
Nassau, New York, Orange, York, NY 10278-0127.
Putnam, Queens, Richmond,
Rockland, Suffolk,
Sullivan, Ulster, and
Westchester.
North Carolina.................. ........................... Charlotte, NC........ 6 Woodlawn Green, Bldg. 6,
Suite 138, Charlotte, NC
28217-2216.
North Dakota.................... ........................... St. Paul, MN......... 2901 Metro Drive, Suite
100, Bloomington, MN
55425.
Ohio............................ Adams, Athens, Brown, Cincinnati, OH....... J.W. Peck Federal
Butler, Champaign, Clark, Building, 550 Main
Clermont, Clinton, Darke, Street, Room 8525,
Delaware, Fairfield, Cincinnati, OH 45202.
Fayette, Franklin, Gallia,
Greene, Hamilton,
Highland, Hocking,
Jackson, Licking,
Lawrence, Logan, Madison,
Meigs, Miami, Montgomery,
Perry, Pickaway, Pike,
Preble, Ross, Scioto,
Shelby, Union, Vinton, and
Warren.
Allen, Ashland, Ashtabula, Cleveland, OH........ Anthony J. Celebreeze
Auglaize, Belmont, Federal Bldg., 1240 E.
Carroll, Columbiana, 9th Street, Room 1917,
Coshocton, Crawford, Cleveland, OH 44199.
Cuyahoga, Defiance, Erie,
Fulton, Geauga, Guernsey,
Hancock, Hardin, Harrison,
Henry, Holmes, Huron,
Jefferson, Knox, Lake,
Lorain, Lucas, Mahoning,
Marion, Medina, Mercer,
Monroe, Morgan, Morrow,
Muskingum, Noble, Ottawa,
Paulding, Portage, Putman,
Richland, Sandusky,
Seneca, Stark, Summit,
Trumbull, Tuscarawas, Van
Weft, Washington, Wayne,
Williams, Wood, and
Wyandot.
[[Page 61353]]
Oklahoma........................ ........................... Dallas, TX........... 8101 North Stemmons
Freeway, Dallas, TX
75247.
Oregon.......................... ........................... Portland, OR......... 511 N.W. Broadway,
Portland, OR 97209.
Pennsylvania.................... Adams, Berks, Bradford, Philadelphia, PA..... 1600 Callowhill Street,
Bucks, Cameron, Carbon, Philadelphia, PA 19130-
Centre, Chester, Clinton, 4112.
Columbia, Cumberland,
Dauphin, Delaware,
Franklin, Fulton,
Huntingdon, Juniata,
Lackawanna, Lancaster,
Lebanon, Lehigh, Luzerne,
Lycoming, Mifflin, Monore,
Montgomery, Montour,
Northampton,
Northumberland, Perry,
Philadelphia, Pike,
Potter, Schuylkill,
Snyder, Sullivan,
Susquehanna, Tioga, Union
Wayne, Wyoming, and York.
Allegheny, Armstrong, Pittsburgh, PA....... Federal Building, Room
Beaver, Bedford, Blair, 314, 1000 Liberty Avenue,
Butler, Cambria, Clarion, Pittsburgh, PA 15222-
Clearfield, Crawford, Elk, 4181.
Erie, Fayette, Forest,
Greene, Indiana,
Jefferson, Lawrence,
McKean, Mercer, Somerset,
Venango, Warren,
Washington, and
Westmoreland.
Puerto Rico..................... ........................... San Juan, PR......... P.O. Box 365068, San Juan,
PR 00936-5068.
Rhode Island.................... ........................... Providence, RI....... 200 Dyer Street,
Providence, RI 02903-
3993.
South Carolina.................. ........................... Charlotte, NC........ 6 Woodlawn Green, Bldg. 6,
Suite 138, Charlotte, NC
28217-2216.
South Dakota.................... ........................... St. Paul, MN......... 2901 Metro Drive, Suite
100, Bloomington, MN
55425.
Tennessee....................... ........................... Memphis, TN.......... 1341 Sycamore View, Suite
100, Memphis, TN 38134.
Texas........................... Anderson, Andrews, Archer, Dallas, TX........... 8101 North Stemmons
Armstrong, Bailey, Baylor, Freeway, Dallas, TX
Borden, Bosque, Bowie, 75247.
Briscoe, Callahan, Camp,
Carson, Cass, Castro,
Cherokee, Childress, Clay,
Cochran, Collin,
Collingsworth, Comanche,
Cooke, Cottie, Crosby,
Dallam, Dallas, Dawson,
Deaf Smith, Delta, Denton,
Dickens, Donley, Eastland,
Ellis, Erath, Fannin,
Fisher, Floyd, Foard,
Franklin, Freestone,
Gaines, Garza, Gray,
Grayson, Gregg, Hale,
Hall, Hamilton, Hansford,
Hardeman, Harrison,
Hartley, Haskell,
Hemphill, Henderson, Hill,
Hockley, Hood, Hopkins,
Houston, Howard, Hunt,
Hutchinson, Jack, Johnson,
Jones, Kaufman, Kent,
King, Knox, Lamar, Lamb,
Leon, Limestone, Lipscomb,
Lubbock, Lynn, Marion,
Martin, Mitchell,
Montague, Moore, Morris,
Motley, Navarro, Nolan,
Ochiltree, Oldham, Palo
Pinto, Panola, Parker,
Parmer, Potter, Rains,
Randall, Red River,
Roberts, Rockwall, Rusk,
Scurry, Shackelford,
Sherman, Smith, Somervell,
Stephens, Stonewall,
Swishers, Tarrant, Taylor,
Terry, Throckmorton,
Titus, Upshur, Van Zandt,
Wheeler, Wichita,
Wilbarger, Wise, Wood,
Yoakum, and Young.
Brewster, Crane, Culberson, El Paso, TX.......... 1545 Hawkins Suite 167, El
Ector, El Paso, Hudspeth, Paso, TX 79925.
Jeff Davis, Loving,
Midland, Pecos, Presidio,
Reeves, Terrell, Upton,
Ward, and Winkler.
Brooks, Cameron, Hidalgo, Harlingen, TX........ 2102 Teege Road,
Kenedy, Kleberg, Starr, Harlingen, TX 78550.
and Willacy.
[[Page 61354]]
Angelina, Austin, Brazoria, Houston, TX.......... 509 N. Sam Houston Parkway
Chambers, Colorado, Fort East, Houston, TX 77060.
Bend, Galveston, Grimes,
Hardin, Harris, Jasper,
Jefferson, Liberty,
Madison, Matagorda,
Montgomery, Nacogdoches,
Newton, Orange, Polk,
Sabine, San Augustine, San
Jacinto, Shelby, Trinity,
Tyler, Walker, Waller,
Washingoton, and Wharton.
Aransas, Aascosa, Bandera, San Antonia, TX...... 8940 Four Winds Drive,
Bastrop, Bee, Bell, Bexar, Suite 2020, San Antonia,
Blanco, Brozos, Brown, TX 78239.
Burleson, Burner,
Caldwell, Calhoun, Coke,
Coleman, Comal, Concho,
Coryell, Crockett, De
Witt, Dimmit, Duval,
Edwards, Falls, Fayette,
Frio, Gillespie,
Glasscock, Goliad,
Gonzales, Guadalupe, Harp,
Haynes, Irion, Jackson,
Jim Hogg, Jim Wells,
Karnes, Kendall, Kerr,
Kimble, Kinney, Lampasas,
La Salle, Lavaca, Lee,
Live Oak, Llano,
McCulloch, McLennan,
McMullen, Mason, Maverick,
Medina, Menard, Milam,
Mills, Nueces, Reagan,
Real, Refugio, Robertson,
Runnels, San Patricio, San
Saba, Schleicher,
Sterling, Sutton, Tom
Green, Travis, Uvalde, Val
Verde, Victoria, Webb,
Williamson, Wilson,
Zapata, and Zavala.
Utah............................ ........................... Salt Lake City, UT... 5272 South College Drive,
Suite 100, Salt Lake, UT
84123.
Vermont......................... ........................... St. Albans, VT....... Federal Building, P.O. Box
328, 50 South Maine
Street, St. Albans, VT
05478-0238.
Virginia........................ Accomack, Amelia, Norfolk, VA.......... Norfolk Commerce Park,
Brunswick, Caroline, 5280 Hennenman Drive,
Charles City, Norfolk, VA 23513.
Chesterfield, Colonial
Heights, Dinwiddie, Essex,
Fredericksburg,
Gloucester, Goochland,
Greensville, Hanover,
Henrico, Isle of Wight,
James City, King and
Queen, King William,
Lancaster, Louisa,
Lunenburg, Mathews,
Mecklenburg, Middlesex,
New Kent, Northampton,
Northumberland, Nottoway,
Powhatan, Prince Edward,
Prince George, Richmond,
Southhampton,
Spotsylvania, Surry,
Sussex, Westmoreland, and
York.
Albemarle, Alleghany, Arlington, VA........ 4420 North Fairfax Drive,
Amherst, Appomattox, Arlington, VA 22203.
Arlington, Augusta, Bath,
Bedford, Bland, Botetourt,
Buchanan, Buckingham,
Campbell, Carroll,
Charlotte, Clarke, Craig,
Culpepper, Cumberland,
Dickenson, Fairfax,
Fauquier, Floyd, Fluvanna,
Franklin, Frederick,
Giles, Grayson, Greene,
Halifax, Henry, Highland,
King George, Lee, Loudoun,
Madison, Montgomery,
Nelson, Orange, Page,
Patrick, Pittsylvania,
Prince William, Pulaski,
Rappahannock, Roanoke,
Rockbridge, Rockingham,
Russell, Scott,
Shenandoah, Smyth,
Stafford, Tazewell,
Warren, Warwick,
Washington, Wise, and
Wythe.
Virgin Islands.................. ........................... St. Thomas, VI....... P.C. Box 610, Federal
Building, Suite 117,
Veterans Drive, Charlotte
Amalie, St. Thomas, U.S.
Virgin Islands, 00801.
Washington...................... ........................... Seattle, WA.......... 815 Airport Way South,
Seattle, WA 98134.
West Virginia................... ........................... Pittsburgh, PA....... Federal Building, Room
314, 1000 Liberty Avenue,
Pittsburgh, PA 15222-
4181.
[[Page 61355]]
Wisconsin....................... ........................... Milwaukee, WI........ Federal Building, 517 East
Wisconsin Avenue, Room
186, Milwaukee, WI 53202.
Wyoming......................... ........................... Denver, CO........... 4730 Paris Street, Albrook
Center, Denver, CO 80239-
2804.
----------------------------------------------------------------------------------------------------------------
Submitting Verification Requests to INS
A copy of INS Form G-845 is attached, along with a supplemental
form that should be used to obtain more detailed information on
immigration status, citizenship, and sponsorship. (The supplemental
form may only be used in conjunction with Form G-845, not separately.)
Requests for verification on Form G-845 may be mailed to the
Immigration and Naturalization Service at the addresses listed on the
following pages. To speed processing, please indicate ``Attention:
Immigration Status Verifier'' on the envelope.
The attached form G-845 may be copied for submission to the INS; it
should be reproduced as a two-sided document. Additional copies may be
obtained in three ways:
1. Request Form G-845 from the INS Forms Distribution Center
serving your region:
Eastern Forms Center, P.O. Box 567, Williston, VT 05497 (east of the
Mississippi River)
Forms Center West, 5600 Rickenbacker Road, Building 701A, Bell, CA
90201 (west of the Mississippi River)
2. Download Form G-845 from the Internet: www.usdoj.gov/ins/forms.
3. Call the INS Forms Request Line: 1-800-870-3676. (Due to the
high volume of calls to this line, the best time to call is early on
weekday mornings.)
INS formerly required that Form G-845 be printed on blue paper
stock to distinguish it from Form G-845S, which is printed on white
paper. Form G-845 may now be submitted on white stock, and existing
copies on blue stock may also be submitted during this transition
period. As a result of this change, it is particularly important that
copies of the forms include the form number at the bottom of the page
to allow INS to distinguish between them.
When submitting copies of documents with Form G-845, please send
copies made from the originals, if possible, in order to enhance the
quality of the reproduction.
BILLING CODE 4410-10-M
[[Page 61356]]
[GRAPHIC] [TIFF OMITTED] TN17NO97.000
[[Page 61357]]
[GRAPHIC] [TIFF OMITTED] TN17NO97.001
[[Page 61358]]
[GRAPHIC] [TIFF OMITTED] TN17NO97.002
[[Page 61359]]
[GRAPHIC] [TIFF OMITTED] TN17NO97.003
BILLING CODE 4410-10-C
[[Page 61360]]
Attachment 2--Nondiscrimination Advisory
Various federal civil rights laws, regulations and executive orders
prohibit discrimination by governmental and private entities on the
basis of race, national origin, gender, religion, age and disability.
These laws, of course, apply to entities' implementation of Title IV of
the Personal Responsibility and Work Opportunity Reconciliation Act of
1996 (the ``Act''). Because of the particular potential for national
origin and race discrimination under the Act and its verification
requirements, and because persons with disabilities are more likely to
need benefits under various public benefit programs, this Advisory
focuses on the laws relating to discrimination based on national
origin, race and/or disability. Emphasizing these particular laws,
however, is in no way meant to minimize the importance of guarding
against all forms of illegal discrimination, and you should comply with
all nondiscrimination requirements applicable to your program.
A. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq.
(``Title VI'')
Because Title IV of the Act imposes new and significant
restrictions on the ability of noncitizens to receive federal, state or
local public benefits, there is particular potential for discrimination
on the basis of national origin. It is important to remember that,
although the Act limits the benefits available to some aliens, many
aliens will continue to be entitled to receive public benefits. If
improperly applied, the Act's restrictions may result in national
origin discrimination against applicants who are eligible to receive
benefits. It is therefore important to understand which aliens are
eligible for which benefits.
Title VI prohibits discrimination on the basis of race, color, or
national origin in any program or activity, whether operated by a
state, local or private entity, that receives federal funds or other
federal financial assistance. When operating or participating in a
federally assisted program, a benefit provider cannot, on the basis of
race, color or national origin, either directly or indirectly,
including through contractual means, distinguish among individuals in
the types, quantity, quality or timeliness of program services, aids or
benefits that it provides or the manner in which it provides them. This
prohibition applies to disparate treatment, as well as to the
utilization of facility neutral procedures, criteria or methods of
administration that have the effect of discriminating against
individuals because of their race, color, or national origin. Policies
and practices that are neutral in design and operation but have a
disparate impact based on race, color or national origin must be
eliminated unless they are necessary to the program's operation and
there is no less discriminatory alternative.
Violations of Title VI may be obvious or subtle. A benefit provider
that denies benefits or delays determinations of eligibility on the
basis of an individual's race, color or national origin may violate
Title VI. A benefit provider may violate Title VI if it concludes that
applicants are ineligible for benefits because they have ethnic
surnames or origins outside the United States, or because they look or
sound foreign. It also may violate Title VI if it acts upon the
assumption that applicants with these characteristics are illegal
aliens, or if it imposes additional eligibility requirements on ethnic
or racial minorities because of their ethnicity or race.
When confirming immigration status for purposes of determining
eligibility for public benefits, benefit providers should be aware that
there is no single immigration document that will establish all aliens'
qualifications to receive benefits under the Act. The types of
documents that an alien will be able to present to establish
immigration status will vary depending upon the status in which the
alien entered the U.S. and his or her individual circumstances.
Demanding that an alien present one specific type of document to the
exclusion of all other legally valid documents establishing immigration
status, or demanding more or different documentation based on
assumptions about the applicant's citizenship or national origin rather
than knowledge of such status obtained in a non-discriminatory fashion,
may constitute a violation of Title VI. For example, it may be
discriminatory to demand that a specific applicant present three
documents to establish her identity merely because she speaks Spanish
or looks Asian, while allowing English-speaking persons and non-Asians
to present only one identity document. It may also violate Title VI to
assume, based on an applicant's national origin, that his or her
documents are fraudulent.
B. Civil Rights Laws Applicable to Persons With Disabilities
Sections 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794
(``Section 504''), and the Americans with Disabilities Act of 1990, 42
U.S.C. 12101 et seq., prohibit discrimination on the basis of
disability by public entities and recipients of federal funds. Public
service providers are required to offer their services in locations
that are accessible to applicants with disabilities, including people
who use wheelchairs. In addition, service providers must ensure
effective communication with applicants who have impaired hearing,
vision, or speech, and service providers must make reasonable
modifications to their policies and practices to ensure that eligible
people with disabilities are not excluded from participation in a
program as a result of their disability. Appropriate auxiliary aids may
include sign language interpreters for applicants who have hearing
impairments or readers or audiotaped materials for applicants who have
vision impairments. Applicants who have impaired manual skills may
require assistance in completing forms. Citizens, non-citizen nationals
and qualified aliens with disabilities may find it difficult to provide
the information needed to establish their citizenship, nationality or
immigration status. Therefore, if an applicant has a disability that
limits the applicant's ability to provide the required evidence of
status (e.g., mental retardation, amnesia, or other cognitive, mental
or physical impairment), you should make every effort to assist the
individual to obtain the required evidence.
You should work with the applicant or his or her representative to
obtain leads for possible sources of evidence. In many cases, a current
or prior employer will have employment records for the individual that
will identify his or her immigration status and provide other relevant
information. You should also seek cooperation from local agencies, the
INS and other organizations (e.g., rehabilitation programs, advocacy
groups and homeless shelters) to assist the individual in obtaining
evidence from existing records. If the applicant has been granted
another benefit that is contingent upon being a U.S. citizen, U.S. non-
citizen national or qualified alien, contact that benefit-granting
agency to determine what evidence it relied upon to establish
eligibility. When conducting a search for documentation, use all
possible spelling variations of the applicant's name.
C. Other Applicable Federal Civil Rights Laws
There are a number of other federal civil rights laws that prohibit
[[Page 61361]]
discrimination based on other characteristics. They include the
following:
The Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq.
The Age Discrimination Act prohibits discrimination on the basis of
age in programs or activities receiving federal financial assistance.
There are specific exceptions to the general prohibition against age
discrimination, however, and you should consult the statute, 42 U.S.C.
6101 et seq., as well as the regulations published by the Department of
Health and Human Services, 45 CFR part 90, for further information
The Fair Housing Act, 42 U.S.C. 3601 et seq.
The Fair Housing Act prohibits discrimination in the provision of
housing based on race, color, religion, sex, familial status, national
origin or handicap.
D. Contact Numbers
Benefit providers with questions may call the following numbers for
information on the various federal civil rights laws:
Title VI--U.S. Department of Justice, Civil Rights Division,
Coordination and Review Section, 1-888-TITLE-06 (1-888-848-5306).
ADA--U.S. Department of Justice, Civil Rights Division, Disability
Rights Section, 1-800-514-0301 (voice) or 1-800-514-0383 (TDD).
Age Discrimination Act--U.S. Department of Health and Human
Services, 1-800-368-1019.
Fair Housing Act--U.S. Department of Housing and Urban Development,
1-800-669-9777 (voice) or 1-800-927-9275 (TDD).
Questions regarding discrimination in immigration status
verification procedures or other benefit-granting procedures can be
referred to the civil rights office of the pertinent benefit-granting
agency. Such questions can also be referred to the Office of Special
Counsel for Immigration Related Unfair Employment Practices in the
Civil Rights Division of the U.S. Department of Justice, 1-800-255-8155
(voice) or 1-800-237-2515 (TDD).
Attachment 3--Federal Public Benefits
Title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (the ``Act'') applies only to non-exempted
``federal public benefits'' as defined by the Act, rather than to all
federally funded programs. (It also applies to certain state and local
public benefits, which are not the subject of this Attachment.) Under
the Act, benefit providers are only required to verify the immigration
status of applicants for benefits that fall within the Act's definition
of ``federal public benefits'' and are not specifically exempted from
the Act's requirements. (If the program independently requires benefit
providers to verify the citizenship, nationality and/or immigration
status of an applicant, however, you should continue to comply with
such requirements even if the program does not provide a ``federal
public benefit'' covered by the Act.) Set forth below is preliminary
guidance on the meaning of ``federal public benefit,'' as well as a
summary of the benefits specifically exempted from the Act's
verification requirements. If you have any questions as to whether a
particular program provides a federal public benefit covered by the Act
or a benefit that is exempted from the Act's requirements, you should
consult with the federal agency or department that oversees the
program.
Federal Public Benefit: A ``federal public benefit'' is:
(a) Any grant, contract, loan, professional license, or commercial
license provided by an agency of the United States or by appropriated
funds of the United States; or
(b) Any retirement, welfare, health, disability, public or assisted
housing, post-secondary education, food assistance, unemployment
benefit, or any other similar benefit for which payments or assistance
are provided to an individual, household, or family eligibility unit by
an agency of the United States or by appropriated funds of the United
States.
Subject to the list of exceptions set forth below, Title IV of the
Act precludes all aliens who are not ``qualified aliens'' from
receiving any ``federal public benefit.'' In determining whether a
program provides a ``federal public benefit,'' you should first
consider whether the program provides one of the benefits expressly
enumerated in either (a) or (b) above. Under (a), if your program
provides a ``grant,'' ``contract,'' ``loan,'' ``professional license,''
or ``commercial license'' to an individual, either through a U.S.
agency or with U.S. appropriated funds, then you provide a ``federal
public benefit.'' If you do not provide a benefit of the type
enumerated in (a), you should then go on to consider whether your
program provides a benefit covered by (b).
To fall within (b), the benefit provided by your program must be
one of the types of benefits described (``retirement,'' ``welfare,''
``health,'' ``disability,'' ``public or assisted housing,'' ``post-
secondary education,'' ``food assistance,'' ``unemployment benefit,''
or ``any other similar benefit''), it must be ``provided by an agency
of the United States or by appropriated funds of the United States,''
and it must be provided to one of the enumerated categories of
recipients (an ``individual household, or family eligibility unit'').
Thus, for example, if you provide an ``unemployment benefit'' to an
``individual, household, or family eligibility unit'' using
``appropriated funds of the United States,'' the definition is
satisfied. In contrast, if you provide generally available services
such as fire or ambulance services, or do not provide benefits to an
``individual, household, or family eligibility unit,'' or do not
provide benefits through an ``agency of the United States'' or with
``appropriated funds of the United States,'' the definition does not
apply.
If your program provides payments or assistance to an individual,
household or family eligibility unit through a U.S. agency or by U.S.
appropriated funds, but the benefits are not expressly enumerated
above, you should consider whether the benefits are ``similiar'' to one
of the benefits enumerated in (b). If you believe that the benefit is
arguably similar to an enumerated benefit, you should consult with the
federal agency or department that oversees your program to confirm that
the benefit constitutes a federal public benefit covered by the Act.
Finally, you should consider who is actually receiving the benefits
that you provide. Although the Act prohibits certain aliens from
receiving non-exempted ``federal public benefits,'' it does not
prohibit governmental or private entities from receiving federal public
benefits that they might then use to provide assistance to aliens, so
long as the benefit ultimately provided to the non-qualified aliens
does not itself constitute a ``federal public benefit.'' Thus, if a
local agency were to receive a ``grant'' (which is expressly identified
as a federal public benefit), but the agency uses it to provide police
services, fire protection or crime victim counseling (which are not
federal public benefits under the Act's definition because they are not
similar to an enumerated benefit), the prohibition would not apply.
Similarly, if you provide a ``grant'' to a community organization
(which is not an ``individual, household or family eligibility unit'')
that uses the funds to build a library or renovate a park (which are
not federal public benefits under the Act's definition), the
prohibition would not apply. In contrast, if the agency uses the
``grant'' to provide a ``federal public benefit''--e.g., a ``loan'' or
``welfare''
[[Page 61362]]
payment to a poor ``individual, household or family eligibility
unit''--then the prohibition would apply and non-qualified aliens would
be ineligible for such benefits.
Exceptions: The Act's verification requirements do not apply to all
``federal public benefits,'' as the Act specifically exempts certain
types of benefits. If a program provides ``federal public benefits''
that fall within one of the following exceptions, the program provider
is not required by this Act to, and should not attempt to, verify an
applicant's immigration status, unless otherwise required or authorized
to do so by federal law, except to the extent necessary to determine
whether the exemption applies:
Benefits covered by Attorney General Order No. 2049, 61 FR
45985 (1996), or any subsequent order, re: government-funded community
programs, services or assistance that are necessary for protection of
life or safety;
Any wages, pensions, annuities, or other earned payments
to which an alien is entitled as a result of federal, state, or local
government employment, provided that the alien is not residing or
present in the United States and provided that the employment was not
prohibited under the immigration laws;
Any veterans benefits to which an alien is entitled,
provided that the alien is not residing or present in the United
States;
Any contract, professional license, or commercial license
for a nonimmigrant whose visa for entry is related to such employment
in the U.S.;
Any contract, professional license, or commercial license
for a citizen of a freely associated state (Palau, the Federated States
of Micronesia, and the Marshall Islands), if section 141 of the
applicable compact of free association is in effect;
Any benefits that the U.S. is required to pay under the
reciprocal treaty agreements listed in the forthcoming Attorney General
Order to a work authorized nonimmigrant or alien lawfully admitted for
permanent residence qualified for such benefits;
Medical assistance under Title XIX of the Social Security
Act (or any successor program to such Title) for care and services that
are necessary for the treatment of an emergency medical condition (as
defined in section 1903(v)(3) of such Act) of the alien involved and
that are not related to an organ transplant procedure, if the alien
involved otherwise meets the eligibility requirements for medical
assistance under the state plan approved under such Title (other than
the requirement of the receipt of aid or assistance under Title IV of
such Act, SSI benefits under Title XVI of such Act, or a state
supplementary payment);
Short-term, non-cash, in-kind emergency disaster relief;
Public health assistance (not including any assistance
under Title XIX of the Social Security Act) for immunizations with
respect to immunizable diseases and for testing and treatment of
symptoms of communicable diseases whether or not such symptoms are
caused by a communicable disease;
Programs for housing or community development assistance
or financial assistance administered by the Secretary of Housing and
Urban Development (``HUD''), any program under Title V of the Housing
Act of 1949, or any assistance under section 306C of the Consolidated
Farm and Rural Development Act, to the extent that the alien is
receiving such a benefit on August 22, 1996;
Any benefit payable under Title II of the Social Security
Act to which entitlement is based on an application filed on or before
August 31, 1996, and any benefit covered by Attorney General Order No.
2054, 61 FR 47039 (1996), re: benefits payable under Title II of the
Social Security Act to an alien who is lawfully present in the U.S.;
Any benefit the nonpayment of which would contravene an
international agreement described in section 233 of the Social Security
Act (an agreement establishing totalization arrangements between the
social security system of the U.S. and that of any foreign country
which establishes entitlement to and the amount of old-age, survivors,
disability, or derivative benefits based on an individual's coverage
under both systems);
Any benefit the nonpayment of which would be contrary to
section 202(t) of the Social Security Act;
Any benefit under the school lunch program under the
National School Lunch Act, 42 U.S.C. 1751 et seq., or the school
breakfast program under section 4 of the Child Nutrition Act of 1966,
42 U.S.C. 1773, provided to an individual who is eligible to receive
free public education benefits under state or local law;
Any benefit payable under Title XVIII of the Social
Security Act (relating to the Medicare program) to an alien who is
lawfully present in the U.S., as determined by the Attorney General,
provided that, with respect to the attribution of the alien's wages for
purposes of eligibility for benefits payable under Part A of such
program, the alien was authorized to be employed; and
Any benefit payable under the Railroad Retirement Act of
1974 or the Railroad Unemployment Insurance Act to an alien who is
lawfully present in the U.S., as determined by the Attorney General, or
to an alien residing outside the U.S.
State Option: Each State may, but is not required to, provide
benefits under programs established under the laws listed below to
individuals who are not U.S. citizens, U.S. non-citizen nationals or
qualified aliens. You should determine whether your State is providing
such benefits to all persons, regardless of citizenship, alienage or
immigration status, or whether it is providing them only to U.S.
citizens, U.S. non-citizen nationals and qualified aliens. If your
State is providing such benefits to all persons, you should not verify
citizenship or immigration status; if it is limiting such benefits to
citizens, non-citizen nationals and qualified aliens, you may want to
use the Interim Guidance, in consultation with state and local
authorities, to verify citizenship and immigration status.
Programs (other than the school lunch program and the
school breakfast program) under the National School Lunch Act, 42
U.S.C. 1751 et seq., and the Child Nutrition Act of 1966, 42 U.S.C.
1771 et seq.;
Section 4 of the Agriculture and Consumer Protection Act
of 1973, 7 U.S.C. 612c note;
The Emergency Food Assistance Act of 1983, 7 U.S.C. 7501
et seq.; and
The food distribution program on Indian reservations
established under section 4(b) of the Food Stamp Act of 1977, 7 U.S.C.
2013(b).
Attachment 4--Interim Guidance Documentary Evidence of Status as a
U.S. Non-Citizen National
Copies of the following documents will, when combined with
satisfactory proof of identity (which will come from the document
itself if it bears a photograph of the person to whom it relates),
demonstrate that a person is a U.S. citizen or non-citizen national for
purposes of Title IV of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, as amended by the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996. (To the
extent citizenship or nationality of a child is relevant to a benefit
eligibility determination, the documents should demonstrate the child's
status rather than that of the parent.) The lists set forth in
Paragraphs A and B below are drawn from existing guidance published by
the Social Security Administration (``SSA'') and regulations issued by
the Immigration and
[[Page 61363]]
Naturalization Service (``INS'') regarding determination of U.S.
citizenship and nationality; the lists in Paragraphs C through F are
drawn solely from the SSA guidance. These lists are not exhaustive; you
should refer to guidance issued by the agency or department overseeing
your program to determine if it accepts documents or other evidence of
citizenship not listed below.
A. Primary Evidence
A birth certificate showing birth in one of the 50 States,
the District of Columbia, Puerto Rico (on or after January 13, 1941),
Guam, the U.S. Virgin Islands (on or after January 17, 1917), American
Samoa, Swain's Island or the Northern Mariana Islands, unless the
person was born to foreign diplomats residing in the U.S.
Note: If the document shows that the individual was born in
Puerto Rico, the U.S. Virgin Islands or the Northern Mariana Islands
before these areas became part of the U.S., the individual may be a
collectively naturalized citizen--see Paragraph C below.
United States passport (except limited passports, which
are issued for periods of less than five years);
Report of birth abroad of a U.S. citizen (FS-240) (issued
by the Department of State to U.S. citizens);
Certificate of birth (FS-545) (issued by a foreign service
post) or Certification of Report of Birth (DS-1350) (issued by the
Department of State), copies of which are available from the Department
of State;
Certificate of Naturalization (N-550 or N-570) (issued by
the INS through a Federal or State court, or through administrative
naturalization after December 1990 to individuals who are individually
naturalized; the N-570 is a replacement certificate issued when the N-
550 has been lost or mutilated or the individual's name has been
changed);
Certificate of Citizenship (N-560 or N-561) (issued by the
INS to individuals who derive U.S. citizenship through a parent; the N-
561 is a replacement certificate issued when the N-560 has been lost or
mutilated or the individual's name has been changed);
United States Citizen Identification Card (I-197) (issued
by the INS until April 7, 1983 to U.S. citizens living near the
Canadian or Mexican border who needed it for frequent border crossings)
(formerly Form I-179, last issued in February 1974);
Northern Mariana Identification Card (issued by the INS to
a collectively naturalized citizen of the U.S. who was born in the
Northern Mariana Islands before November 3, 1986);
Statement provided by a U.S. consular officer certifying
that the individual is a U.S. citizen (this is given to an individual
born outside the U.S. who derives citizenship through a parent but does
not have an FS-240, FS-545 or DS-1350); or
American Indian Card with a classification code ``KIC''
and a statement on the back (identifying U.S. citizen members of the
Texas Band of Kickapoos living near the U.S./Mexican border).
B. Secondary Evidence
If the applicant cannot present one of the documents listed in A
above, the following may be relied upon to establish U.S. citizenship
or nationality:
Religious record recorded in one of the 50 States, the
District of Columbia, Puerto Rico (on or after January 13, 1941), Guam,
the U.S. Virgin Islands (on or after January 17, 1917)), American
Samoa, Swain's Island or the Northern Mariana Islands (unless the
person was born to foreign diplomats residing in such a jurisdication)
within three months after birth showing that the birth occurred in such
jurisdiction and the date of birth or the individual's age at the time
the record was made;
Evidence of civil service employment by the U.S.
government before June 1, 1976;
Early school records (preferably from the first school)
showing the date of admission to the school, the child's date and place
of birth, and the name(s) and place(s) of birth of the parent(s);
Census record showing name, U.S. citizenship or a U.S.
place of birth, and date of birth or age of applicant;
Adoption Finalization Papers showing the child's name and
place of birth in one of the 50 States, the District of Columbia,
Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin
Islands (on or after January 17, 1917), American Samoa, Swain's Island
or the Northern Mariana Islands (unless the person was born to foreign
diplomats residing in such a jurisdiction) or, where or adoption is not
finalized and the State or other jurisdiction listed above in which the
child was born will not release a birth certificate prior to final
adoption, a statement from a state-approved adoption agency showing the
child's name and place of birth in one of such jurisdictions (NOTE: the
source of the information must be an original birth certificate and
must be indicated in the statement); or
Any other document that establishes a U.S. place of birth
or in some way indicates U.S. citizenship (e.g., a contemporaneous
hospital record of birth in that hospital in one of the 50 States, the
District of Columbia, Puerto Rico (on or after January 13, 1941), Guam,
the U.S. Virgin Islands (on or after January 17, 1917), American Samoa,
Swain's Island or the Northern Mariana Islands (unless the person was
born to foreign diplomats residing in such a jurisdiction).
C. Collective Naturalization
If the applicant cannot present one of the documents listed in A or
B above, the following will establish U.S. citizenship for collectively
naturalized individuals:
Puerto Rico:
Evidence of birth in Puerto Rico on or after April 11,
1899 and the applicant's statement that he or she was residing in the
U.S., a U.S. possession or Puerto Rico on January 13, 1941; or
Evidence that the applicant was a Puerto Rican citizen and
the applicant's statement that he or she was residing in Puerto Rico on
March 1, 1917 and that he or she did not take an oath of allegiance to
Spain.
U.S. Virgin Islands:
Evidence of birth in the U.S. Virgin Islands, and the
applicant's statement of residence in the U.S., a U.S. possession or
the U.S. Virgin Islands on February 25, 1927;
The applicant's statement indicating resident in the U.S.
Virgin Islands as a Danish citizen on January 17, 1917 and residence in
the U.S., a U.S. possession or the U.S. Virgin Islands on February 25,
1927, and that he or she did not make a declaration to maintain Danish
citizenship; or
Evidence of birth in the U.S. Virgin Islands and the
applicant's statement indicating residence in the U.S., a U.S.
possession or territory or the Canal Zone on June 28, 1932.
Northern Mariana Islands (NMI) (formerly part of the Trust
Territory of the Pacific Islands (TTPI)):
Evidence of birth in the NMI, TTPI citizenship and
residence in the NMI, the U.S., or a U.S. territory or possession on
November 3, 1986 (NMI local time) and the applicant's statement that he
or she did not owe allegiance to a foreign state on November 4, 1986
(NMI local time);
Evidence of TTPI citizenship, continuous residence in the
NMI since before November 3, 1981 (NMI local time), voter registration
prior to January 1, 1975 and the applicant's statement that he or she
did not owe allegiance to a foreign state on November 4, 1986 (NMI
local time); or
Evidence of continuous domicile in the NMI since before
January 1, 1974 and the applicant's statement that he or she did not
owe allegiance to a foreign state on November 4, 1986 (NMI local time).
[[Page 61364]]
Note: If a person entered the NMI as a nonimmigrant and lived in
the NMI since January 1, 1974, this does not constitute continuous
domicile and the individual is not a U.S. citizen.
D. Derivative Citizenship
If the applicant cannot present one of the documents listed in A or
B above, you should make a determination of derivative U.S. citizenship
in the following situations:
Applicant born abroad to two U.S. citizen parents:
Evidence of the U.S. citizenship of the parents and the
relationship of the applicant to the parents, and evidence that at
least one parent resided in the U.S. or an outlying possession prior to
the applicant's birth.
Applicant born abroad to a U.S. citizen parent and a U.S. non-
citizen national parent:
Evidence that one parent is a U.S. citizen and that the
other is a U.S. non-citizen national, evidence of the relationship of
the applicant to the U.S. citizen parent, and evidence that the U.S.
citizen parent resided in the U.S., a U.S. possession, American Samoa
or Swain's Island for a period of at least one year prior to the
applicant's birth.
Applicant born out of wedlock abroad to a U.S. citizen mother:
Evidence of the U.S. citizenship of the mother, evidence
of the relationship to the applicant and, for births on or before
December 24, 1952, evidence that the mother resided in the U.S. prior
to the applicant's birth or, for births after December 24, 1952,
evidence that the mother had resided, prior to the child's birth, in
the U.S. or a U.S. possession for a period of one year.
Applicant born in the Canal Zone or the Republic of Panama:
A birth certificate showing birth in the Canal Zone on or
after February 26, 1904 and before October 1, 1979 and evidence that
one parent was a U.S. citizen at the time of the applicant's birth; or
A birth certificate showing birth in the Republic of
Panama on or after February 26, 1904 and before October 1, 1979 and
evidence that at least one parent was a U.S. citizen and employed by
the U.S. government or the Panama Railroad Company or its successor in
title.
All other situations where an applicant claims to have a U.S.
citizen parent and an alien parent, or claims to fall within one of the
above categories but is unable to present the listed documentation:
If the applicant is in the U.S., refer him or her to the
local INS office for determination of U.S. citizenship;
If the applicant is outside the U.S., refer him or her to
the State Department for a U.S. citizenship determination.
E. Adoption of Foreign-Born Child by U.S. Citizen
If the birth certificate shows a foreign place of birth
and the applicant cannot be determined to be a naturalized citizen
under any of the above criteria, obtain other evidence of U.S.
citizenship;
Since foreign-born adopted children do not automatically
acquire U.S. citizenship by virtue of adoption by U.S. citizens, refer
the applicant to the local INS district office for a determination of
U.S. citizenship if the applicant provides no evidence of U.S.
citizenship.
F. U.S. Citizenship By Marriage
A woman acquired U.S. citizenship through marriage to a U.S.
citizen before September 22, 1922. Ask for: Evidence of U.S.
citizenship of the husband, and evidence showing the marriage occurred
before September 22, 1922.
Note: If the husband was an alien at the time of the marriage,
and became naturalized before September 22, 1922, the wife also
acquired naturalized citizenship. If the marriage terminated, the
wife maintained her U.S. citizenship if she was residing in the U.S.
at that time and continued to reside in the U.S.
G. Applicants With Disabilities and Nondiscrimination
If an applicant has a disability that limits the applicant's
ability to provide the required evidence of citizenship or nationality
(e.g., mental retardation, amnesia, or other cognitive, mental or
physical impairment), you should make every effort to assist the
individual to obtain the required evidence. In addition, you should not
discriminate against applicants on the basis of race, national origin,
gender, religion, age or disability. See Nondiscrimination Advisory,
Attachment 2 to Interim Guidance.
Attachment 5--Interim Guidance--Documentary Evidence of Status as A
``Qualified Alien'' Eligible for Federal Public Benefits
The documents listed below (descriptions of which are provided in
Exhibit A) will, when combined with satisfactory proof of identity
(which will come from the document itself if it bears a photograph of
the person to whom it relates), establish that an applicant falls
within one of the categories of ``qualified alien'' for purposes of
title IV of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, as amended by the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996.
Under the Immigration and Nationality Act (the ``INA''), all aliens
over the age of 14 who remain in the United States for longer than 30
days are required to register with the Immigration and Naturalization
Service (the ``INS'') and obtain an alien registration document. All
aliens over the age of 18 who receive a registration document are
required to carry it with them at all times. With certain exceptions
(e.g., Canadian visitors), aliens entering the U.S. are normally issued
a registration document (e.g., an INS Form I-94) at the time of entry.
The documents listed below that are registration documents are
indicated with an asterisk (``*'').
Each of the documents listed below will demonstrate lawful status,
and you should not require presentation of a registration document if
the applicant presents one of the other legally acceptable documents
that reasonably appears on its face to be genuine and to relate to the
person presenting it. However, if the document presented is not a
registration document and does not on its face reasonably appear to be
genuine or to relate to the person presenting it, it is appropriate to
ask the applicant to produce his or her registration document as
additional evidence of immigration status, so long as the request is
not made for a discriminatory reason (see Nondiscrimination Advisory,
Attachment 2 to Interim Guidance). Presentation of a registration
document listed below that reasonably appears on its face to be genuine
and to relate to the person presenting it (or to satisfy a higher
applicable standard) will often obviate the need to verify the
applicant's immigration status with the INS; if the applicant presents
a registration document that does not meet this standard, sending the
INS a copy of the document will assist it in verifying the applicant's
status quickly and accurately.
Alien Lawfully Admitted for Permanent Residence
*INS Form I-551 (Alien Registration Receipt Card, commonly
known as a ``green card''); or
Unexpired Temporary I-551 stamp in foreign passport or on
*INS Form I-94.
Asylee
*INS Form I-94 annotated with stamp showing grant of
asylum under section 208 of the INA;
[[Page 61365]]
*INS Form I-688B (Employment Authorization Card) annotated
``274a.12(a)(5)'';
*INS Form I-766 (Employment Authorization Document)
annotated ``A5'';
Grant letter from the Asylum Office of INS;or
Order of an immigration judge granting asylum.
Refugee
*INS Form I-94 annotated with stamp showing admission
under Sec. 207 of the INA;
*INS Form I-688B (Employment Authorization Card) annotated
``274a.12(a)(3)'';
*INS Form I-766 (Employment Authorization Document)
annotated ``A3''; or
INS Form I-571 (Refugee Travel Document).
Alien Paroled Into the U.S. for a Least One Year
*INS Form I-94 with stamp showing admission for at least
one year under section 212(d)(5) of the INA. (Applicant cannot
aggregate periods of admission for less than one year to meet the one-
year requirement.)
Alien Whose Deportation or Removal Was Withheld
*INS Form I-688B (Employment Authorization Card) annotated
``274a.12(a)(10)'';
*INS Form I-766 (Employment Authorization Document)
annotated ``A10''; or
Order from an immigration judge showing deportation
withheld under Sec. 243(h) of the INA as in effect prior to April 1,
1997, or removal withheld under Sec. 241(b)(3) of the INA.
Alien Granted Conditional Entry
*INS Form I-94 with stamp showing admission under
Sec. 203(a)(7) of the INA;
*INS Form I-688B (Employment Authorization Card) annotated
``274a.12(a)(3)''; or
*INS Form I-766 (Employment Authorization Document)
annotated ``A3.''
Cuban/Haitian Entrant
*INS Form I-551 (Alien Registration Receipt Card, commonly
known as a ``green card'') with the code CU6, CU7, or CH6;
Unexpired temporary I-551 stamp in foreign passport or on
*INS Form I-94 with the code CU6 or CU7; or
INS Form I-94 with stamp showing parole as ``Cuba/Haitian
Entrant'' under Section 212(d)(5) of the INA.
Alien Who Has Been Battered or Subjected to Extreme Cruelty
Guidance as to the requirements that must be met for an alien to
fall within this category of qualified alien is set forth in Exhibit B.
Note that Title IV, as amended by the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996, contains provisions requiring
that, upon the effective date of the new affidavit of support (required
under section 213A of the Act), when determining eligibility for
federal means-tested public benefits and the amount of such benefits to
which an alien is entitled, the income and resources of the alien be
deemed to include those of any person executing an affidavit of support
on behalf of the alien and that person's spouse. Certain exceptions are
made for indigent qualified aliens and for qualified aliens who (or
whose children) have been battered or subjected to extreme cruelty in
the U.S. by a spouse, parent or member of the spouse or parent's family
and for qualified alien children whose parents have been subjected to
such abuse. See Attachment 5, Exhibit B, Section II.
Expired or Absent Documentation
If an applicant presents expired documents or is unable to present
any documentation evidencing his or her immigration status, refer the
applicant to the local INS office to obtain documentation of status. In
unusual cases involving applicants who are hospitalized or medically
disabled, or who can otherwise show good cause for their inability to
present documentation, and for whom securing such documentation would
constitute an undue hardship, if the applicant can provide an alien
registration number, you may file INS Form G-845 and Supplement, along
with the alien registration number and a copy of any expired INS
document presented, with the local INS office to verify status. As with
any documentation of immigration status, you should confirm that the
status information you receive back from INS pertains to the applicant
whose identity you have verified.
Receipt for Replacement Document
If an applicant presents a receipt indicating that he or she has
applied to the INS for a replacement document for one of the documents
identified above, file INS Form G-845 and Supplement along with a copy
of the receipt with the local INS office to verify status. Upon return
receipt of information from INS, confirm that it pertains to the
applicant whose identity you have verified. You should ask to see the
replacement document at a later date.
Applicants with Disabilities and Nondiscrimination
If an applicant has a disability that limits the applicant's
ability to provide the required evidence of immigration status (.e.g.,
mental retardation, amnesia, or other cognitive, mental or physical
impairment), you should make every effort to assist the individual to
obtain the required evidence. In addition, you should not discriminate
against applicants on the basis of race, national origin, gender,
religion, age or disability. See Nondiscrimination Advisory, Attachment
2 to Interim Guidance.
Local INS Offices
A list of local INS offices and their addresses is set forth in
Attachment 1 to the Interim Guidance. Attachment 1 also includes a copy
of INS Form G-845 and the Supplement thereto to be used to verify
immigration status pursuant to the Interim Guidance.
EXHIBIT A TO ATTACHMENT 5
``PINK'' I-551 ``RESIDENT ALIEN'' CARD
FRONT: Pink background (blue header bar); blue INS seal overlaps
photo area. Repeating ``I-551'' becomes visible when card is tilted
under normal light. Expiration date on front of card: Moth, day, and
year.
BACK: Color gradually changes from pink to blue, with map of
U.S. in white. Three lines of machine readable printing at bottom on
white background. Immigrant classification and admission/adjustment
date on back of card. First set of code is immigrant classification,
beginning with letter(s) followed by numbers(s). Third set of code
is admission/adjustment date, beginning with year, month, and day.
``WHITE'' I-551 ``RESIDENT ALIEN'' CARD
FRONT: White background (blue header bar); salmon lines cover
the photo in an unbroken pattern. Printing ``detail'' in eagle is
excellent. Immigrant classification is on front of card in lower
right corner, beginning with letter(s) followed by number(s).
BACK: Pale greenish background, map of U.S. in white. Three
lines of machine readable codes. Admission/adjustment date is at
bottom, left corner on back of card, beginning with year, month, and
day.
UNEXPIRED FOREIGN PASSPORT WITH I-551 STAMP
An I-551 stamp may be present in a foreign passport, with a
handwritten ``Valid Until'' date. A proof of entry and inspection
stamp will also present in the passport, similar to the stamp for an
I-94. Date of entry is stamped. Immigrant visa classification
(letter and number) is printed or stamped on ``Admitted'' line.
Valid status expires on date enumerated at ``Until'' section of I-
551 stamp. The alien number may be printed beginning with letter A.
[[Page 61366]]
I-94 ARRIVAL/DEPARTURE RECORD
Proof of entry is signified by U.S. immigration stamp. Date of
entry is stamped. Non-immigrant visa classification (letter or
letter and number) is printed or stamped on ``Admitted'' line. Valid
status expires on date enumerated at ``Until'' section of stamp.
Refugees and asylees each receive a separate INS stamp. Asylum
seekers have ``valid to'' date, while refugees have a date of
admission.
``RED'' I-688B ``EMPLOYMENT AUTHORIZATION''
FRONT: White background, read header bar and yellow interlocking
wavy lines, gold INS seal becomes visible when tilted under normal
light. Expiration date is on front, month, day, and year.
BACK: Red outline of U.S., Alaska, and Hawaii. The word ``Void''
is capitalized and underlined.
``RED'' I-766 ``EMPLOYMENT AUTHORIZATION''
FRONT: White background, red header bar. Statue of Liberty, USA,
and Immigration and Naturalization Service symbols become visible
when tilted under normal light. Expiration date is at bottom, right
corner. Non-immigrant category listed over justice seal by a letter
and number abbreviation of the 274A.12 immigration law citation.
BACK: White background, black magnetic strip and bar code.
DECISION GRANTING ASYLUM
Documents issued to aliens, granted asylum vary.
REFUGEE TRAVEL DOCUMENT FORM I-571
Form I-571 is issued by the INS to aliens who have been granted
refugee status.
ORDER GRANTING WITHHOLDING OF DEPORTATION
The documents used by immigration judges to grant withholding of
deportation vary.
EXHIBIT B TO ATTACHMENT 5--ALIENS WHO HAVE BEEN BATTERED OR SUBJECTED
TO EXTREME CRUELTY WITHIN THE MEANING OF SECTION 431 OF THE ACT
INTRODUCTION
Section 431 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (the ``Act''), as amended by section 501
of the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (the ``Immigration Act'') and sections 5571-72 and 5581 of
the Balanced Budget Act of 1997 (``the Budget Act''), provides that
certain categories of aliens who have been subjected to battery or
extreme cruelty in the United States by a family member with whom
they resided are ``qualified aliens'' eligible for public benefits
under the Act. An alien whose child or an alien child whose parent
has been abused is also a ``qualified alien.'' Additionally, section
421 of the Act, as amended by section 552 of the Immigration Act and
section 5571 of the Budget Act, exempts this group of battered
aliens from the Act's new deeming requirements for a period of one
year, and for longer if the battery or cruelty has been recognized
in an order of a judicial officer or an administrative law judge or
in an Immigration and Naturalization Service (``INS'')
determination.
CONSIDERATIONS AFFECTING ALL APPLICANTS
Benfit providers should observe the following protocol with
regard to all applicants who seek qualified alien status under
section 431(c) of the Act:
(1) This Exhibit should be interpreted consistently with the
principles set forth in the Interim Guidance, including, but not
limited to, its standards for acceptance of documents demonstrating
status, its nondiscrimination advisory and its provisions regarding
whether to grant or withhold benefits pending verification of
qualified alien status. In addition, as specified in the Interim
Guidance, a provider should determine whether an applicant otherwise
meets specific program requirements for benefit eligibility before
initiating the verification process described below, unless
determining program eligibility would be considerably more complex
and time-consuming than verifying immigration status. (In the case
of providers who are considering referring individual applicants to
the Social Security Administration for issuance of a Social Security
number, the provider should first determine that the applicant is
otherwise eligible for program benefits.)
(2) Many of the applicants seeking assistance pursuant to this
provision will need assistance on various matters relating to both
their immigration status and their domestic violence-related
concerns. You should therefore direct applicants to the INS forms
request line (1-800-870-3676) so that applicants who are eligible to
self-petition under the Violence Against Women Act, 8 U.S.C.
1154(a)(1), but have yet to do so, may request an INS Form I-360 and
filing instructions. You should also refer them to the National
Domestic Violence Hotline (1-800-799-7233) so that applicants may
obtain assistance from a local domestic violence service provider
and referrals to immigration attorneys. (A copy of INS Form I-360 is
attached to this Exhibit).
(3) Except where this attachment directs otherwise, when asking
the INS or the Executive Office for Immigration Review (``EOIR'') to
verify an applicant's immigration status, a benefit provider should
submit a verification request form. Sample INS and EOIR verification
forms (hereinafter ``the INS Request Form'' and ``the EOIR Request
Form'' respectively) are attached hereto. These samples must be
replicated and submitted on your agency's letterhead in order for
INS or EOIR to provide verification information. The INS Request
Form should be faxed to the INS Vermont Service Center (fax: (802)
527-3159; tel: (802) 527-3160); the EOIR Request Form should be
faxed to the office of the appropriate immigration court (a list of
the immigration courts and their addresses, fax numbers and
telephone numbers is also attached to this Exhibit). In certain
limited circumstances described below, the benefit provider should
submit its verification request by filing INS Form G-845 and the G-
845 Supplement with the local INS office. Attachment 1 to the
Interim Guidance includes a copy of INS Form G-845 and the G-845
Supplement to be used as indicated below, as well as a list of local
INS offices.
(4) You should not share any information that you receive from
or regarding the applicant with any member of his or her family or
any other third party, without the express written permission of the
applicant.
I. PROCEDURES FOR DETERMINING QUALIFIED ALIEN STATUS
An alien is a ``qualified alien'' eligible for public benefits
under section 431(c) of the Act if he or she meets the following
four requirements:
(1) the INS or the EOIR has granted a petition or application
filed by or on behalf of the alien, the alien's child, or the alien
child's parent under one of several subsections of the Immigration
and Nationality Act (``INA'') described below or has found that a
pending petition sets forth a prima facie case;
(2) the alien, the alien's child, or the alien child's parent
has been abused in the United States \1\ as detailed below:
---------------------------------------------------------------------------
\1\ Some applicants may possess documents demonstrating that
they have been admitted to the United States because of battery or
extreme cruelty that occurred outside of the United States, but this
is insufficient by itself to make them eligible for benefits under
section 431(c). Section 431(c) does not apply unless some battery or
extreme cruelty occurred in the United States.
---------------------------------------------------------------------------
(a) in the case of the abused alien: the alien has been battered
or subjected to extreme cruelty in the United States by a spouse or
parent of the alien, or by a member of the spouse or parent's family
residing in the same household as the alien, if the spouse or parent
consents to or acquiesces in such battery or cruelty;
(b) in the case of an alien whose child is abused: the alien's
child has been battered or subjected to extreme cruelty in the
United States by a spouse or parent of the alien, or by a member of
the spouse or parent's family residing in the same household as the
alien if the spouse or parent consents to or acquiesces in such
battery or cruelty, and the alien did not actively participate in
the batter or cruelty;
(c) in the case of an alien child whose parent is abused: the
alien child's parent has been battered or subjected to extreme
cruelty in the United States by the parent's spouse, or by a member
of the spouse's family residing in the same household as the parent,
if the spouse consents to or acquiesces in such battery or cruelty;
(3) there is a substantial connection between the battery or
extreme cruelty and the need for the public benefit sought; and
(4) the battered alien, child, or parent no longer resides in
the same household as the abuser.
Each of these four requirements, and processes for assuring that
an applicant meets these requirements, are discussed in detail
below. (In addition to these four requirements, the alien must of
course meet the eligibility criteria of the particular
[[Page 61367]]
program from which benefits are sought.) A benefit provider must
determine that an applicant satisfies all four requirements. If an
applicant presents documentation indicating that an INS I-130
petition has been filed on the applicant's behalf under the INA
provisions listed in subparagraph (a) of requirement one below, or
that the applicant has filed an INS I-360 petition under the INA
provisions listed in subparagraph (b) of requirement one below, the
benefit provider should determine whether the applicant meets the
other three requirements for qualified alien status (including
battery or extreme cruelty) before verifying his or her immigration
status with the INS. If an applicant presents documentation
indicating that he or she has filed an INS I-360 petition based on
one of the INA provisions listed in subparagraph (c) or (d) of
requirement one below, or has sought suspension of deportation or
cancellation of removal from the EOIR under one of the INA
provisions listed in subparagraph (e) of requirement one below, INS
or EOIR will make the determination as to battery or extreme
cruelty. In such cases, the benefit provider may contact the INS or
the EOIR as applicable to initiate the verification process prior to
determining if the applicant meets the other two requirements for
qualified alien status. After contacting the INS or the EOIR, the
benefit provider should continue reviewing the applicant's
eligibility for qualified alien status under requirements three and
four below, and should not delay this evaluation while awaiting a
response from the INS or the EOIR.
Requirement 1: Appropriate INS Status. You must determine that
the INS or the EOIR, as applicable, has approved an applicant's
petition or application or has found that the applicant's pending
petition or application sets forth a prima facie case, under one of
the following provisions of the INA:
(a) Section 204(a)(1)(A)(i) and 204(a)(1)(B)(i) of the INA
(governing eligibility to receive law permanent resident (``LPR'')
status as a spouse or child of a U.S. citizen, or as a spouse, child
or unmarried son or daughter of an LPR, based on the petition of a
spouse or parent);
(b) Section 204(a)(1)(A)(ii) of the INA (governing eligibility
to apply for LPR status as an alien who is the widow or widower of a
U.S. citizen to whom the alien had been married for at least two
years at the time of such citizen's death);
(c) Sections 204(a)(1)(A)(iii) and 204(a)(1)(B)(ii) of the INA
(governing eligibility to apply for LPR status as an alien who is
the spouse of a U.S. citizen or LPR, who has resided with the spouse
in the United States, and who (or whose child) has been subjected to
battery or cruelty in the United States by his or her spouse);
(d) Sections 204(a)(1)(A)(iv) and 204(a)(1)(B)(iii) of the INA
(governing eligibility to apply LPR status as an alien who is the
child of a U.S. citizen or LPR, and who has resided with that parent
in the United States and been subjected to battery or cruelty in the
United States by his or her citizen or LPR parent); or
Section 244(a)(3) of the INA as in effect prior to April 1,
1997, or section 204A(b)(2) of the INA (governing the Attorney
General's authority to suspend deportation or cancel the removal and
adjust the status of an alien if the alien or the alien's child has
been subjected to battery or extreme cruelty in the United States by
a spouse or parent who is a U.S. citizen or LPR).\2\ Note: Only this
provision of the INA allows the alien parent of a battered child to
obtain relief from deportation or removal even if he or she is not
married to the U.S. citizen or LPR parent. This includes aliens who
were never married to the U.S. citizen or LPR parent, aliens who are
divorced from the U.S. citizen or LPR. Under the provisions
described in (a)-(d) above, the alien must have been married to the
U.S. citizen or LPR spouse at the time the petition was filed.
Unmarried children of U.S. citizen or LPRs less than 21 years of age
may petition for admission as a battered child under the provision
described in (a) or (d) at any time, regardless of their parents'
marital status.
---------------------------------------------------------------------------
\2\ While this provision includes unabused alien parents of
battered children, it does not include unabused alien children of
battered parents. This rule stands in contrast to the self-
petitioning provisions described in (c) above, which battered
spouses of U.S. citizen or LPRs can include their alien children in
their petitions for status.
---------------------------------------------------------------------------
Documentation
As set forth in Step 3 of the Interim Guidance regarding
verification of qualified alien status, you should ask the alien to
present documentation demonstrating his or her immigration status.
As described in the Interim Guidance, if the documentation indicates
that the applicant fall into one of the categories listed in (a)-(e)
above and reasonably appears on its face to be genuine (or, if your
program already has existing guidance or procedures mandating a
higher standard of proof for acceptance of documentary evidence of
immigration status, the document satisfies that higher standard) and
to relate to the individual presenting it, you should accept the
documentation as conclusive evidence that the applicant satisfies
requirement one and should not verify immigration status with the
INS or the EOIR. If, based on your review of the documents
presented, you are considering determining that an applicant does
not have the requisite immigration status and thus is not eligible
for the benefits requested based on his or her immigration status--
e.g., because the documents does not on its face reasonably appear
to be genuine (or to satisfy a higher applicable standard), to
demonstrate that the applicant falls into any of the categories
listed in (a)-(e) above, or to relate to the person presenting it--
you should check with the INS or the EOIR as applicable to verify
the information presented by the applicant. To verify status with
the INS, in most cases, your should fax the INS Request Form, on
your agency letterhead, as well as a copy of the document(s)
provided by the applicant, to the INS Vermont Service Center. In
some cases, as detailed in footnote three below, request for INS
verification should be submitted to the local INS office using from
G-845 and its supplement. To verify status with the EOIR, you should
fax the EOIR Request Form on your agency letterhead, as well as a
copy of the document(s) provided by the applicant, to the court
administrator of the appropriate immigration court.
Applicants who have filed a petition or application or had a
petition or application filed on their behalf, as applicable, under
any of the above-described provisions of the INA will apply to a
benefit provider in one of seven possible situations described
below.
(1) With documentation evidencing an approved petition or
application under one of the provisions listed in (a)-(e) above:
(a) INS Form I-551 (``Resident Alien Card'' or ``Alien
Registration Receipt Card'', commonly known as a ``green card'')
with one of the following INS class of admission (``COA'') codes
printed on the front of a white card or the back of a pink card
demonstrates approval of a petition under paragraphs (a)-(b) above:
\3\ AR1, AR6, C20 through C29, CF1, CF2, CR1, CR2, CR6, CR7, CX1
through CX3, CX6 through CX8, F20 through F29, FX1 through FX3, FX6
through FX8, IF1, IF2, IR1 through IR4, IR6 through IR9, IW1, IW2,
IW6, IW7, MR6, MR7, P21 through P23, or P26 through P28;
---------------------------------------------------------------------------
\3\ The green card codes, green card types, and stamps in
foreign passports or on INS Form I-94 that demonstrate an approved
petition or application under one of the provisions listed in (a)-
(b) above are too numerous to describe here. If an alien claiming
approved status presents a code different than those enumerated, or
if you cannot determine the class of admission from the I-551 stamp,
you should file INS Form G-845, and the G-845 Supplement (mark item
six on the Supplement) along with a copy of the document(s)
presented, with the local INS office in order to determine whether
the applicant gained his or her status because he or she was the
spouse, widow, or child of a U.S. citizen or the spouse, child, or
unmarried son or daughter of an LPR. (See Attachment 1 to Interim
Guidance.)
---------------------------------------------------------------------------
(b) INS Form I-551 with one of the following COA codes stamped
on the lower left side of the back of a pink card demonstrates
approval of a petition under paragraphs (c)-(d) above: IB1 through
IB3, IB6 through IB8, B11, B12, B16, B17, B20 through B29, B31
through B33, B36 through B38, BX1 through BX3, or BX6 through BX8;
(c) INS Form I-551 with COA code Z13 may demonstrate approval of
a petition under paragraph (e) above; if an alien claiming approved
status presents a card bearing the code Z13, determine where the
card was issued by asking the alien where he or she received the
grant of suspension of deportation, and then fax the EOIR Request
Form on your agency letterhead, as well as a copy of the card and
any other document(s) presented by the alien, to the EOIR court that
granted the alien's suspension. If the alien does not recall where
the grant of suspension of deportation was received, compare the
city code on the card to the list of city codes attached to this
Exhibit, and fax the EOIR Request Form on your agency letterhead, as
well as a copy of the card and any other document(s) presented by
the alien, to the Court Administrator of the EOIR court closest to
the city where the green card was issued;
(d) Unexpired Temporary I-551 stamp in foreign passport or on
INS Form I-94 with one of the COA codes specified in the preceding
three paragraphs (if the temporary stamp or the INS Form I-94 bears
the code
[[Page 61368]]
Z13, follow the process described immediately above); if it bears
another code or you cannot determine what the COA code is, follow
the process outlined in footnote three; \4\
---------------------------------------------------------------------------
\4\ If an applicant possesses the documents listed in items (a)
through (d), the applicant has established that he or she is a
lawful permanent resident and therefore is a qualified alien. You
should nonetheless proceed with the analysis of requirements 2
through 4 to determine if the applicant qualifies for the battered
exception to the deeming provisions (see Part IIA below).
---------------------------------------------------------------------------
(e) INS Form I-797 indicating approval of an INS I-130 petition
(only I-130 petitions describing the following relationships may be
accepted: husbands or wives of U.S. citizens or LPRs, unmarried
children under 21 years old of U.S. citizens or LPRs, or unmarried
children 21 or older of LPRs), or approval of an I-360 petition
(only I-360 approvals based on status as a widow/widower of a U.S.
citizen or as a self-petitioning spouse or child of an abusive U.S.
citizen or LPR may be accepted); \5\ or
---------------------------------------------------------------------------
\5\ INS Form I-797 is used for numerous categories of petitions,
and is used to indicate both receipt of a petition and approval or
denial of a petition. It will also be used to indicate that an
applicant has set forth a prima facie case. Thus, it is important to
read the language on the Form I-797 presented by an applicant to
ensure that it is more than a receipt, and specifically that it (a)
denotes filing under one of the provisions specified above, and (b)
denotes approval of the petition or a finding that a prima facie
case has been demonstrated. Sample copies of Form I-797 are attached
to this Exhibit.
---------------------------------------------------------------------------
(f) A final order of an Immigration Judge or the Board of
Immigration Appeals granting suspension of deportation under section
244(a)(3) of the INA as in effect prior to April 1, 1997, or
cancellation of removal under section 240A(b)(2) of the INA. If the
court or Board order does not indicate that suspension of
deportation or cancellation of removal was granted under section
244(a)(3) or 240A(b)(2), you should fax the EOIR Request Form on
your agency letterhead, as well as a copy of the order, to the court
administrator of the EOIR court issuing the order, and ask the court
to notify you of the INA provision under which the applicant was
granted relief.
(2) With documentation demonstrating that the applicant has
established a prima facie case \6\ under one of the provisions
described in (c), (d) or (e) above:
---------------------------------------------------------------------------
\6\ Because the INS has not previously been required to conduct
prima facie assessments, it is implementing procedures (which will
become effective upon publication of an interim rule) to expedite
the review of I-360 petitions under the provisions described in (c)
and (d) above and to notify the applicant within three weeks of INS'
receipt of the petition if he or she has set forth a prima facie
case. Similarly, the EOIR has not previously been required to
conduct the prima facie assessment which is required under the
provisions described in (e) above. The EOIR is currently working to
implement a process for determining whether an applicant has set
forth a prima facie case. Applicants in deportation or removal
proceedings who are in need of a prima facie determination should
contact the appropriate immigration court.
---------------------------------------------------------------------------
(a) INS Form I-797 indicating that the applicant has established
a prima facie case; or
(b) An immigration court or Board of Immigration Appeals order
indicating that the applicant has established a prima facie case for
suspension of deportation under INA section 244(a)(3) as in effect
prior to April 1, 1997, or cancellation of removal under section
240A(b)(2) of the INA.
(3) With documentation indicating that the applicant has filed a
petition or that a petition has been filed on the applicant's
behalf, as applicable, under one of the provisions listed in (c) or
(d) above, but with no evidence of approval of the petition or
establishment of a prima facie case, in which case the benefit
provider should determine from the documentation when the petition
was filed and take the actions set forth below:
(a) Applicants with petitions filed before June 7, 1997 should
have an INS Form I-797 indicating filing of the I-360 petition by
``self-petitioning spouse [or child] of abusive U.S.C. or LPR,'' a
file-stamped copy of the petition, or another document demonstrating
filing (including a cash register or computer-generated receipt
indicating filing of Form I-360), but the INS will not have
determined whether the applicant's petition sets forth a prima facie
case. (If the applicant has no proof of filing, you should follow
the instructions in paragraph 6.) You should request that the INS
expedite adjudication of the petition or that a prima facie
determination be made by faxing the INS Request Form on your agency
letterhead, to the INS Vermont Service Center. Inquires about these
cases may also be submitted in the same manner to the INS Vermont
Service Center.
(b) Applicants with petitions filed after June 7, 1997 should
have an INS Form I-797 indicating filing of the I-360 petition, but
may have only a copy of the petition and proof of mailing. Within
three weeks of filing, INS will send to the applicant either an
approval notice, a notice of prima facie case, or a request for
additional documentation. In some cases, the applicant will receive
both a notice of prima facie case and a request for additional
documentation. Upon publication of an interim prima facie rule, INS
will begin the process of determining whether an applicant's
petition sets forth a prima facie case. If three weeks have elapsed
since the filing of the petition, you may determine the status of
the case by faxing the INS Request Form, on your letterhead, to the
Vermont Service Center.
Please not that the prima facie determination is an interim
determination. An INS notice of prima facie case will expire upon
issuance of a final decision by the INS or 150 days after issuance,
whichever is earlier. An EOIR prima facie determination will expire
upon the date of the applicant's hearing on the merits of his or her
case, or if made by the Board of Immigration Appeals, upon issuance
of the Board's decision on the appeal. In order to remain eligible
for benefits after the expiration of a notice of prima facie case an
applicant must either request and obtain a renewal of the prima
facie determination from the INS or the EOIR, as applicable, or must
present the benefit provider with a copy of one of the documents
listed in paragraph one above indicating that his or her petition or
application has been approved.
(4) With documentation indicating that the applicant has filed a
petition or that a petition was filed on his or her behalf, as
applicable, under one of the provisions listed in (a) or (b) above
(the documentation must indicate that the applicant is the widow/
widower of a U.S. citizen, the husband or wife of a U.S. Citizen or
LPR, the unmarried child under age 21 of a U.S. citizen or LPR, or
the unmarried child age 21 or older of an LPR):
For aliens on whose behalf a petition has been filed:
INS Form I-797 indicating filing of an INS I-130 petition, a file-
stamped copy of the petition, or another document demonstrating
filing (including a cash register or computer-generated receipt
indicating filing of Form I-130) (a sample copy of Form I-130 is
attached to this Exhibit).
For self-petitioning widows or widowers: a file-stamped
copy of the INS I-360 petition, or another document demonstrating
filing (including a cash register or computer-generated receipt
indicating filing of Form I-360).
A prima facie determination will not have been made with regard
to these petitions. You should request that the INS expedite
adjudication of the petition or that a prima facie determination be
made by faxing the INS Request Form on your agency letterhead, to
the INS Vermont Service Center. Inquires about these cases may also
be submitted in the same manner to the INS Vermont Service Center.
Applicants who are beneficiaries of I-130 petitions will have
had a petition filed on their behalf. The petition process gives the
spouse or parent of the applicant ultimate control over the
disposition of the petition. If the spouse or parent is the abuser,
he or she can nullify the petition either by withdrawing it or by
divorcing the alien before the alien is able to obtain a green card.
Because the most current information regarding the status of a
pending I-130 petition will reside with the batterer until an
applicant has received his or her green card, you should query INS
regarding the applicant's continued eligibility each time you
recertify the applicant for eleigiblity under general program
guidelines. For these reasons, and because a self-petitioning
applicant may be able to obtain employment authorization, an alien
who is eligible to self-petition under the Violence Against Women
Act should be strongly encouraged to do so. (Note: The alien must be
the spouse or child of the abuser and, in the case of a spousal
petition, still be married to the abuser when the petition is
filed.) The applicant should also be directed to the INS forms
request line and the National Domestic Violence Hotline as set forth
on page one.
(5) Documentation indicating that the INS has initiated
deportation or removal proceedings in which relief under the
provision(s) listed in section (e) above may be available (copies of
the documents listed below are attached to this Exhibit):
an ``Order to Show Cause'';
a ``Notice to Appear''; or
a ``Notice of Hearing in Deportation Proceedings.''
You should inform the applicant that, if the applicant or the
applicant's child has been battered or subjected to extreme cruelty
[[Page 61369]]
in the United States by a spouse or parent who is a U.S. citizen or
LPR, and the applicant has been present in the United States for at
least three years, he or she may file an application with the EOIR
requesting suspension of deportation or cancellation of removal as
applicable. You should also notify the applicant that, upon filing
the application, he or she may ask the court to make a prima facie
evaluation of the application and that, if the court indicates that
the applicant has set forth a prima facie case for relief, he or she
should return to your agency to complete the benefit eligibility
evaluation process (see also footnote six). You should also refer
the applicant to the National Domestic Violence Hotline as set forth
on page one so that he or she may obtain assistance from a local
domestic violence service provider and referrals to immigration
attorneys. (Some of these applicants will also have sought the
relief described in (a)-(d) above. Thus the applicant may have an I-
797 indicating that his or her petition has been granted or that the
petition sets forth a prima facie case, or an I-797 receipt
indicating that a petition has recently been filed. You should only
follow the procedures described in this paragraph if the applicant
does not have such a petition pending with the INS.)
(6) With minimal or no documentation regarding the claimed
filing: Because of the nature of abusive relationships, applicants
may not have copies of the documents that have been filed by them or
on their behalf. If the applicant has some documentation, but it is
insufficient to demonstrate filing, establishment of prima facie
case or approval of a petition, you should fax the INS Request Form
on your agency letterhead, as well as a copy of any document(s)
provided by the applicant, to the INS Vermont Service Center in
order to determine the applicant's status. If the applicant has no
documentation, but is certain that a petition has been filed by his
or her spouse or parent, you should fax the INS Request Form to the
INS Vermont Service Center. If the applicant has no documentation
and is uncertain whether a petition has been filed on his or her
behalf, you should refer the applicant to the National Domestic
Violence Hotline as set forth on page one.
(7) Without having filed one of the above petitions, but with
facts indicating a basis to file such a petition: You should refer
such applicants to the INS forms request line and to the National
Domestic Violence Hotline as set forth on page one.
Requirement 2: Battered or Subjected to Extreme Cruelty. You
must also determine whether an applicant, his or her child, or, in
the case of an alien child, his or her parent, has been battered or
subjected to extreme cruelty (as defined below) as follows:
in the case of an abused alien: the alien has been
battered or subjected to extreme cruelty in the United States by a
spouse or parent of the alien, or by a member of the spouse or
parent's family residing in the same household as the alien if the
spouse or parent consents to or acquiesces in such battery or
cruelty;
in the case of an alien whose child is abused: the
alien's child has been battered or subjected to extreme cruelty in
the United States by a spouse or parent of the alien, or by a member
of the spouse or parent's family residing in the same household as
the alien if the spouse or parent consents to or acquiesces in such
battery or cruelty, and the alien did not actively participate in
the battery or cruelty;
in the case of an alien child whose parent is abused:
the alien child's parent has been battered or subjected to extreme
cruelty in the United States by the parent's spouse, or by a member
of the spouse's family residing in the same household as the parent
if the spouse consents to or acquiesces in such battery or cruelty.
(a) Definitions of Battery, Extreme Cruelty and Family Member
For purposes of this Guidance, the phrase ``battered or
subjected to extreme cruelty'' has the meaning set forth below. This
definition is drawn, with slight modification, from the INS interim
rule, ``Petition to Classify Alien as Immediate Relative of a United
States Citizen or as Preference Immigrant; Self-Petitioning for
Certain Battered or Abused Spouses and Children,'' 61 Fed. Reg.
13,061, 13074 (1996) (8 C.F.R. 204.2(c)(vi)).
The phrase ``battered or subjected to extreme cruelty''
includes, but is not limited to, being the victim of any act or
threatened act of violence, including any forceful detention, which
results or threatens to result in physical or mental injury.
Psychological or sexual abuse or exploitation, including rape,
molestation, incest (if the victim is a minor), or forced
prostitution shall be considered acts of violence. Other abusive
actions may also be acts of violence under this rule. Acts or
threatneded acts that, in and of themselves, may not initially
appear violent may be part of an overall pattern of violence.
This is a broad, flexible definition that encompasses all types
of battery and extreme cruelty. The acts mentioned in the above
definition should be regarded by benefit providers as acts of
violence whenever they occur, so long as one or more of the acts
takes place in the United States and while the family relationship
between the abuser and the victim exists. It is not possible,
however, to identify all behaviors that could be acts of violence
under certain circumstances, and this definition does not contain an
exhaustive list of the acts of violence that will constitute battery
or extreme cruelty. Many other nonenumerated abusive actions will
also constitute an act or threatened act of violence under this
definition.
For purposes of this Guidance, the phrase ``member of the spouse
or parent's family'' means any person related by blood, marriage, or
adoption to the spouse or parent of the alien, or any person having
a relationship to the spouse or parent that is covered by the civil
or criminal domestic violence statutes of the state or Indian
country where the alien resides, or the state or Indian country in
which the alien, the alien's child, or the alien child's parent
received a protection order.
(b) Applicant With EOIR Order or Approved INS Petition or Other
Court Order Based on Battery
Applicants with approved petitions or orders granted under one
of the provisions enumerated in paragraphs (c), (d) or (e) of
requirement one above have already met the requirement of
demonstrating battery or extreme cruelty pursuant to the INS rule.
Thus, the benefit provider should not make a new determination of
battery or cruelty, and should instead proceed directly to the
determination of substantial connection under requirement three.
Similarly, a protection order or record of criminal conviction
satisfies the battery or extreme cruelty requirement for applicants
in the following situations:
any applicant who has or has had a protection order
issued against his or her spouse, parent, or family member of the
spouse or parent with whom the applicant was living;
any applicant whose child has or has had a protection
order issued against the applicant's spouse, parent, or family
member of the spouse or parent with whom the applicant was living
(including protection orders issued to the applicant on behalf of
the applicant's abused minor child);
any applicant who is an alien child and whose parent
has or has had a protection order issued against the parent's
spouse, or family member of the spouse with whom his or her parent
was living;
any applicant who has a record of criminal conviction
of his or her spouse, parent, or family member of the spouse or
parent with whom the applicant was living, for committing an act of
violence against the applicant or his or her child; or
any applicant who is an alien child and who has a
record of criminal conviction of his or her parent's spouse, or
family member of the spouse with whom the parent was living , for
committing an act of violence against the applicant's parent.
In the above situations, the applicant has established battery
or extreme cruelty for purposes of this Guidance, and you should
immediately proceed to requirement three.\7\
---------------------------------------------------------------------------
\7\ In cases where INS is making the determination regarding
battery and extreme cruelty, INS will follow its regulations as set
forth in 8 C.F.R. 204.2(c)(2). Under these regulations, INS will
consider protection orders and criminal convictions along with any
credible evidence relevant to the petition. The determination of
what evidence is credible and the weight to be given that evidence
rests within the sole discretion of INS. See 8 C.F.R. 204(c)(2)(I).
---------------------------------------------------------------------------
(c) All Other Applicants
Except for applicants addressed in (b) immediately above, an
applicant must provide evidence of abuse. The benefit provider
should consider any credible evidence proffered by the applicant.
Evidence of battery or extreme cruelty (and in the case of a
petition on behalf of a child, evidence that the applicant did not
actively participate in the abuse) includes, but is not limited to,
reports or affidavits from police, judges and other court officials,
medical personnel, school officials, clergy, social workers,
counseling or mental health personnel, and other social service
agency personnel; legal documentation, such as an order of
protection against the abuser or an order convicting the abuser of
committing an act of domestic violence that chronicles the existence
of abuse; evidence that indicates
[[Page 61370]]
that the applicant sought safe-haven in a battered women's shelter
or similar refuge because of the battery against the applicant or
his or her child; or photographs of the visibly injured applicant,
child, or (in the case of an alien child) parent supported by
affidavits. An applicant may also submit sworn affidavits from
family members, friends or other third parties who have personal
knowledge of the battery or cruelty. Additionally, an applicant may
submit his or her own affidavit, under penalty of perjury (it does
not have to be notarized), describing the circumstances of the
abuse, and the benefit provider has the discretion to conclude that
the affidavit is credible, and, by itself or in conjunction with
other evidence, provides relevant evidence of sufficient weight to
demonstrate battery or extreme cruelty. The benefit provider should
keep a copy of all evidence presented by the applicant.
The benefit provider should bear in mind that, due to the nature
of the control and fear dynamics inherent in domestic violence, some
applicants will lack the best evidence to support their allegations
(e.g., a civil protection order or a police report). Thus, the
benefit provider will need to be flexible in working with the
applicant as he or she attempts to assemble adequate documentation.
In determining the existence of battery or cruelty, it is important
that the benefit provider understand both the experience of intimate
violence and the applicant's cultural context. The dynamics of
domestic violence may have inhibited the applicant from seeking
public or professional responses to the abuse prior to applying for
benefits needed to enable the applicant to leave the abuser. For
many cultural groups, going to outsiders for help is viewed as
disloyalty to the community and an embarrassment to the family. In
some cultures, for example, women have been conditioned to accept
the authority and control of their husbands. Thus, there may be
little independent documentary evidence of the abuse; the benefit
provider should be sensitive to the needs and situation of the
abused applicant when reviewing allegations and evidence of abuse.
Many applicants will have had an I-130 petition filed on their
behalf by their spouse or parent, in which case the spouse or parent
will have ultimate control over the disposition of the petition. If
the spouse or parent is the abuser, he or she can nullify the
petition either by withdrawing it or by divorcing the alien before
the alien is able to obtain a green card. For these reasons, and
because a self-petitioning applicant may be able to obtain
employment authorization, an alien who is eligible to self-petition
(the alien must be married to the abuser when the petition is filed)
should be strongly encouraged to do so. The applicant should also be
directed to the INS forms request line and the National Domestic
Violence Hotline as set forth on page one.
Requirement 3: Substantial Connection Between Battery and the
Need for Benefits. You must determine whether there is a substantial
connection between the battery or extreme cruelty to which the
applicant, his or her child, or (in the case of an alien child) his
or her parent has been subjected and the need for the benefits
sought. This requirement will not be satisfied simply by a
determination that an applicant has been subjected to battery or
extreme cruelty. To assist benefit providers in making substantial
connection determinations, and as required by the Budget Act, the
Attorney General has developed a list of circumstances, set forth
below, that demonstrate a substantial connection between the battery
or extreme cruelty suffered by an applicant, the applicant's child,
or (in the case of an alien child) the applicant's parent, and the
need for the benefit sought. You may refer to this list as a guide
in making substantial connection determinations.
Note: The Attorney General's Order No. 2097-97, Determination of
Situations that Demonstrate a Substantial Connection Between Battery
or Extreme Cruelty and Need for Specific Public Benefits, 62 FR
39874 (July 24, 1997), has been superseded by amendments in the
Budget Act. Revised substantial connection guidance will be issued
shortly. In the meantime, benefit providers should look to the
information contained in this document for guidance in making
substantial connection determinations.
Where the benefits are needed to enable the applicant,
the applicant's child, and/or (in the case of an alien child), the
applicant's parent to become self-sufficient following separation
from the abuser;
Where the benefits are needed to enable the applicant,
the applicant's child, and/or (in the case of an alien child) the
applicant's parent to escape the abuser and/or the community in
which the abuser lives, or to ensure the safety of the applicant,
the applicant's child, or (in the case of an alien child) the
applicant's parent from the abuser;
Where the benefits are needed due to a loss of
financial support resulting from the applicant's, his or her
child's, and/or (in the case of an alien child) his or her parent's
separation from the abuser;
Where the benefits are needed because the battery or
cruelty, separation from the abuser, or work absences or lower job
performance resulting from the battery or extreme cruelty or from
legal proceedings relating thereto (including resulting child
support, child custody, and divorce actions) cause the applicant,
the applicant's child, and/or (in the case of an alien child) the
applicant's parent to lose his or her job or to earn less or to
require the applicant, the applicant's child, and/or (in the case of
an alien child) the applicant's parent to leave his or her job for
safety reasons;
Where the benefits are needed because the applicant,
the applicant's child, or (in the case of an alien child) the
applicant's parent requires medical attention or mental health
counseling, or has become disabled, as a result of the battery or
extreme cruelty;
Where the benefits are needed because the loss of a
dwelling or source of income or fear of the abuser following
separation from the abuser jeopardizes the applicant's or (in the
case of an alien child) the parent's ability to care for his or her
children (e.g., inability to house, feed, or clothe children or to
put children into a day care for fear of being found by the abuser);
Where the benefits are needed to alleviate nutritional
risk or need resulting from the abuse or following separation from
the abuser;
Where the benefits are needed to provide medical care
during a pregnancy resulting from the abuser's sexual assault or
abuse of, or relationship with, the applicant, the applicant's
child, and/or (in the case of an alien child) the applicant's parent
and/or to care for any resulting children; or
Where medical coverage and/or health care services are
needed to replace medical coverage or health care services the
applicant, the applicant's child, or (in the case of an alien child)
the applicant's parent had when living with the abuser.
Requirement 4: Battered Applicant No Longer Resides in the Same
Household with Batterer. Before providing benefits, you must
determine that the battered applicant, child or parent no longer
resides in the same household or family eligibility unit as the
batterer. Although an applicant is not a qualified alien eligible
for benefits until the battered applicant or child, or parent ceases
residing with the batterer, applicants will generally need the
assurance of the availability of benefits in order to be able to
leave their batterer and survive independently. Wherever possible in
this situation, the benefit provider should complete the eligibility
determination process and approve the applicant for receipt of
benefits pending the applicant's demonstration that the applicant,
his or her child, and/or (in the case of an alien child) his or her
parent have separated from the batterer. The applicant can then make
arrangements to leave the batterer's residence secure in the
knowledge that benefits will be provided as soon as he or she
leaves.
You should consider any relevant credible evidence supporting
the claim of non-residency with the batterer, including, but not
limited to, any of the following: A civil protection order requiring
the batterer to stay away from the applicant or the applicant's
children or parent, or evicting the batterer from the applicant's
residence; employment records; utility receipts; school records;
hospital or medical records; rental records or records from a
building or property manager; an affidavit from a staff member at a
shelter for battered women or homeless persons, family members,
friends or other third parties with personal knowledge, or from the
battered applicant himself or herself; or any other records
establishing that the applicant or his or her child or parent no
longer resides with the abusive spouse, parent, or family member.
Note: While qualified alien status will make the battered
applicant, the battered applicant's children, or the parent of a
battered child eligible for certain federal public benefits, it will
not make them eligible for all federal public benefits. See Interim
Guidance and Attachments 6 and 7 thereto for the factors that
determine a qualified alien's eligibility for particular benefits.
II. EXEMPTION FROM DEEMING REQUIREMENTS
A. Battered Aliens
Section 421 of the Act (as amended by the Immigration Act and
the Budget Act) requires
[[Page 61371]]
that, upon the effective date of the newly required affidavit of
support and subject to the exceptions described below, when
determining eligibility for federal means-tested public benefits and
the amount of such benefits to which an alien applicant is entitled,
agencies must include as income and resources of the alien, the
income and resources of the spouse of the alien and any other person
executing an affidavit of support on behalf of the alien. An alien
is exempt from these ``deeming'' requirements for a period of one
year, however, if
(1) in the case of an abused alien,
(a) the alien has been battered or subjected to extreme cruelty
in the United States by a spouse or parent of the alien, or by a
member of the spouse or parent's family residing in the same
household as the alien if the spouse or parent consents to or
acquiesces in such battery or cruelty; (b) there is, in the opinion
of the agency providing such benefits, a substantial connection
between the battery or extreme cruelty and the need for the benefit
sought; and (c) the battered alien no longer resides in the same
household as the abuser;
(2) in the case of an alien whose child is abused:
(a) the alien's child has been battered or subjected to extreme
cruelty in the United States by a spouse or parent of the alien, or
by a member of the spouse or parent's family residing in the same
household as the alien if the spouse or parent consents to or
acquiesces in such battery or cruelty, and the alien did not
actively participate in the battery or cruelty; (b) there is, in the
opinion of the agency providing such benefits, a substantial
connection between the battery or extreme cruelty and the need for
the benefit sought; and (c) the battered child no longer resides in
the same household as the abuser;
(3) in the case of an alien child whose parent is abused:
(a) the alien child's parent has been battered or subjected to
extreme cruelty in the United States by the parent's spouse, or by a
member of the spouse's family residing in the same household as the
parent if the spouse consents to or acquiesces in such battery or
cruelty; (b) there is, in the opinion of the agency providing such
benefits, a substantial connection between the battery or extreme
cruelty and the need for the benefit sought; and (c) the battered
parent no longer resides in the same household as the abuser.
See Part I, requirements two and four, above, for the definition
and proof of battery/extreme cruelty and non-residency with the
abuser; the agency may also want to consult the Attorney General's
guidance regarding substantial connection (see part I, requirement
three above) when making its own substantial connection
determination.
After expiration of the one year period, alien applicants
continue to be exempt from the deeming requirements with regard to
the resources and income of the batterer only, if (a) the applicant
demonstrates that the battery or cruelty has been recognized in an
order of a judge or administrative law judge or a prior
determination of the INS, and (b) in the opinion of the agency,
there is a substantial connection between the abuse or battery
suffered by the applicant, the applicant's child, or (in the case of
an alien child) the applicant's parent and the need for the benefit
sought.
B. Indigent Aliens
In addition to the exemption for battered aliens, the Act's
deeming provision contains a separate exemption for indigent aliens.
If, after taking into account the alien's own income plus any cash,
food, housing or other assistance provided by other individuals
(including the sponsor), an agency determines that a sponsored alien
would, in the absence of the assistance provided by the agency, be
unable to obtain food and shelter, the amount of income and
resources of the sponsor or the sponsor's spouse that shall be
attributed to the sponsored alien shall not exceed the amount
actually provided for a period of one year after the date such
agency determination is made.
BILLING CODE 4410-10-M
[[Page 61372]]
[GRAPHIC] [TIFF OMITTED] TN17NO97.004
[[Page 61373]]
[GRAPHIC] [TIFF OMITTED] TN17NO97.005
[[Page 61374]]
[GRAPHIC] [TIFF OMITTED] TN17NO97.006
[[Page 61375]]
[GRAPHIC] [TIFF OMITTED] TN17NO97.007
[[Page 61376]]
[GRAPHIC] [TIFF OMITTED] TN17NO97.008
[[Page 61377]]
[GRAPHIC] [TIFF OMITTED] TN17NO97.009
[[Page 61378]]
[GRAPHIC] [TIFF OMITTED] TN17NO97.010
BILLING CODE 4410-10-C
[[Page 61379]]
Paperwork Reduction Act Notice
The information collection requirements contained in the
following two forms have been approved for use by the Office of
Management and Budget under the Paperwork Reduction Act. The OMB
control number for these collections is 1115-0219, with the
expiration date 5/31/98. Persons are not required to provide this
information unless the form contains a currently valid OMB control
number. We estimate that it will take an average of 20 minutes per
response to collect this information, including time for reviewing,
instruction, searching existing data sources, gathering and
maintaining data needed, and completing and reviewing the collection
of information. If you have any comments regarding these estimates
or any other aspects of this collection, send them to the
Immigration and Naturalization Service, 425 I Street, N.W., Room
5304, Washington, D.C. 20536.
BILLING CODE 4410-10-M
[[Page 61380]]
[GRAPHIC] [TIFF OMITTED] TN17NO97.011
[[Page 61381]]
[GRAPHIC] [TIFF OMITTED] TN17NO97.012
[[Page 61382]]
[GRAPHIC] [TIFF OMITTED] TN17NO97.013
[[Page 61383]]
[GRAPHIC] [TIFF OMITTED] TN17NO97.014
BILLING CODE 4410-10-C
[[Page 61384]]
Executive Office for Immigration Review--Immigration Courts
----------------------------------------------------------------------------------------------------------------
Court
State/City/App. Code Judges administrator Phone Nos.
----------------------------------------------------------------------------------------------------------------
ARIZONA
Eloy--85231, 1705 E. Hanna Rd., William Lee Abbott, John A. Meehan.... (520) 466-3671, (520) 466-7795
Suite 366, App. Code-- Isabel A. Bronzina, (fax).
7D05030234. Dean A. Levay, Sean
Keenan.
Florence--85232, 3260 N. Pinal Lamonte S. Freerks, Jack B. Odom...... (520) 868-3341, (520) 868-4962
Parkway Ave., App. Code-- Scott Jefferies. (fax).
7D05030229.
Phoenix--85025, Federal John W. Richardson, Jack B. Odom...... (602) 514-7356, (602) 514-7387
Building, Room 3114, 230 N. John T. Zastrow. (fax).
First Avenue, App. Code--
7D05030226.
CALIFORNIA
Imperial--92251, 2409 La Michael H. Bennett, M. Graciela Sosa.. (619) 355-0070, (619) 355-8692
Brucherie Road, App. Code-- Dennis R. James, (fax).
7D05030222. Richard N. Knuck, Jack
W. Staton, Jack H.
Weil.
Los Angeles--90012, 300 N. Los Roy J. Daniel, Bruce J. Evelyn Diaz Brown. (213) 894-2811, (213) 894-5196
Angeles St., Room 2001, App. Einhorn, Thomas Y.K. (fax).
Code--7A05030223, Mailing Fong, Harry L.
Address: P.O. Box 53711, Los Gastley, Gilbert T.
Angeles, CA 90053-0711. Gembacz, Nathan W.
Gordon, Ingrid K.
Hrycenko, Henry P.
Ipema, Jr., Jan D.
Latimore, William J.
Martin, Jr., Ronald N.
Ohata, Margaret
Reichenberg, Jay
Segal, Darlene R.
Seligman, Stephen L.
Sholomson, Eleazar
Tovar, Richard D.
Walton.
Los Angeles--90012, Roybal ....................... .................. (213) 894-5159, (213) 894-2632
Federal Office Building and (fax).
Courthouse, 255 E. Temple
Street, Rm. 577, App. Code--
7D05030223.
San Diego--92101-7904, 401 West Anthony Atenaide, Brent L. Perkins.. (619) 557-6052, (619) 557-6405
A Street, Suite 800, App. Code-- Kenneth A. Bagley, (fax).
7D05030225. Robert J. Barrett,
Richard J. Bartolomei,
Jr., Gaylyn Boone, C.
Zsa Zsa De Paolo,
Ignacio Fernandez
Valdes, Joseph Ragusa,
John C. Williams.
San Diego--92188, 880 Front ....................... .................. (619) 557-7647, (619) 557-7655
Street, Room 800, App. Code-- (fax).
7D05030225.
San Francisco--94108, 550 Kearny Lawrence N. DiCostanzo, Stephen P. Perkins (415) 705-4415, (415) 705-4418
Street, Suite 800, App. Code-- Alberto E. Gonzalez, (fax).
7D05030224, Mailing Address: Bernard J. Hornbach,
P.O. Box 2326, San Francisco, Dana Marks Keener,
CA 94126-2326. Carol A. King, Tue
Phan Quang, Beverly M.
Phillips, Mimi Y.
Schooley, Brian H.
Simpson, Bette K.
Stockton, Polly A.
Webber.
San Pedro-90731, INS San Pedro Rose Collantes Peters, Evelyn Diaz Brown. (310) 732-0753, (310) 732-0757
Service Proc. Center, 2001 D.D. Sitgraves. (fax).
Seaside Avenue, Room 136, App.
Code--7D05030233.
COLORADO
Denver--80294, Byron G. Rogers David J. Cordova, James Alec Revelle...... (303) 844-5815, (303) 844-4578
Fed. Building, 1961 Stout P. Vandello. (fax).
Street, Room 1403, App. Code--
7D05030220.
Aurora--80010, Wackenhut David J. Cordova, James Alec Revelle...... (303) 361-0488, (303) 361-0688
Security, Inc., 11901 E. 30th P. Vandello. (fax).
Avenue, App. Code--7D05030220.
CONNECTICUT
Hartford-06103, AA Ribicoff Harriet B. Marple...... Sandra V. Majia (860) 240-3919, (860) 240-3921
Building and Courthouse, 459 (acting). (fax).
Main Street, Room 509, App.
Code--7D05030277.
FLORIDA
Bradenton--4205, 515 11th R. Kevin McHugh........ George A. Spreyne. (941) 749-1044, (941) 749-0992
Street, West, Building A, Room (fax).
300, App. Code--7D05030244.
Miami--33130, 155 S. Miami Ave., Teofilo Chapa, J. Michael T. (305) 530-6455, (305) 530-7001
Room 800, App. Code--7D05030217. Daniel Dowell, Rex J. Ringstad. (fax).
Ford, Mahlon F.
Hanson, Michael C.
Horn, Denise Marks
Lane, Stephen E.
Mander, Nancy R.
McCormack, Pedro A.
Miranda, Philip J.
Montante, Jr., Anthony
J. Randall, Charles J.
Sanders, Ira Sandron,
Denise N. Slavin,
Bruce W. Solow, Ronald
G. Sonom, Elisa M.
Sukkar, Lilliana
Torreh-Bayouth, Ketih
C. Williams.
Miami Federal Building, 51 S.W. Suzan C. Brauwerman .................. (305), 530-6451, No fax.
First Ave., Room 224, Miami, FL Seymour R. Kleinfeld,
33130. Roberto Moreno,
William K. Zimmer,.
[[Page 61385]]
Miami--33194, Krome North Neal S. Foster, Kenneth George A. Spreyne. (305) 530-7196, (305) 530-7040
Processing Center, 18201 S.W. S. Hurewitz. (fax).
12th Street, App. Code--
7D05030231.
GEORGIA
Atlanta--30303, 101 Marietta William A. Cassidy, G. John J. Topp...... (404) 331-7647, (404) 331-4555
Street, Suite 2702, App. Code-- Mackenzie Rast. (fax).
7D05030228.
ILLINOIS
Chicago--60605-1521, Federal O. John Brahos, Carlos Peter P. Pauli, IV (312) 353-7313, (312) 353-9894
Building, Room 646, 536 S. Cuevas, James R. (fax).
Clark Street, App. Code-- Fujimoto, Anthony D.
7D05030218. Petrone, Jr., Renetta
Smith, Robert D.
Vinikoor, Craig M.
Zerbe.
LOUISIANA
New Orleans--70130, One Canal Jeffrey Zlatow......... Lizbeth L. Wilson. (504) 589-3992, (504) 589-3990
Place, 365 Canal Street, Suite (fax).
2450.
Oakdale--71463, 1900 E. Whatley John A. Duck, Jr., Lizbeth L. Wilson. (318) 335-0365, (318) 335-3187
Road, App. Code--7D05030230. Charles A. Wiegand, (fax).
Mailing Address: P.O. Box 750, III.
Oakdale, LA 71463.
MARYLAND
Baltimore--21202, U.S. Bruce M. Barrett, Lisa Brenda L. Cook.... (410) 962-3092, (410) 962-9021
Appraisers Building, 103 S. Gay Dornell, John F. (fax).
Street, Room 702, App. Code-- Gossart, Jr., William
7D05030201. P. Greene, Jr..
MASSACHUSETTS
Boston--02203, JFK Federal Billino W. D'Ambrosio, Sandra V. Mejia (617) 565-3080, (617) 565-4495
Building, 15 New Sudbury St., Eliza C. Klein, Thomas (acting). (fax).
Room 320, App. Code--7D05030202. M. Ragno, Leonard I.
Shapiro, Patricia M.B.
Sheppard.
MICHIGAN
Detroit--48207, Brewery Park II, Elizabeth Hacker....... Sandra Roberts.... (313) 226-2603, (313) 226-3053
1155 Brewery Park Blvd., Suite (fax).
450, App. Code--7D05030219.
NEVADA
Las Vegas--79101, Alan Bible Irene Weiss............ Jack B. Odom...... (702) 388-5837, (702) 388-5844
Federal Building, 600 Las Vegas (fax).
Blvd. South, Room 410, App.
Code--7A05030240.
NEW JERSEY
Elizabeth--625 Evans St., Rm. Esmeralda Cabrera...... Fletcher Graves... (201) 693-4113, (201) 645-4121
148A, App. Code--7D05030236. (fax).
Newark--07102, 970 Broad Street, Henry S. Dogin, Annie Star B. Pacitto... (201) 645-3524, (201) 645-3432
Room 1135, App. Code-- Sue Garcy, Nicole Yae (fax).
7D05030204. Kyoung Kim, Daniel A.
Meisner, Eugene
Pugliese, Alberto
Riefkohl, William
Strasser.
NEW YORK
Buffalo--14202, 130 Delaware Walter A. Durling, Jr., Gary M. Somerville (716) 551-3442, (716) 551-3452
Ave., Suite 410 App. Code-- Mchaelangelo Rocco. (fax).
7D05030203.
Fishkill--12524, c/o Downstate Mitchell Levinksky..... Thomas J. Bonita, (914) 831-3657, (914) 831-5452
Correctional Facility, Red III. (fax).
Schoolhouse Road, App. Code--
7D05030206.
Napanoch--12458, Ulster Joe D. Miller.......... Thomas J. Bonita, (914) 647--5506, (914) 647-5641
Correctional Facility, Berne III. (fax).
Road, App. Code--7D05030235.
New York--10278, 26 Federal Matthew T. Adrian, John D. Hannah, (212) 264,5958, (202) 264-1070
Plaza, Room 10-1000, App. Code-- Terry A. Bain, Joanna Jr.. (fax).
7D5030205. M. Bukszpan, Sarah M.
Burr, Jeffrey Chase,
George T. Chew,
Annette S. Elstein,
Noel Anne Ferris,
Victoria Ghartey,
Sandy K. Hom, Charles
M. Honeyman, William
F. Jankun, Elizabeth
A. Lamb, Margaret
McManus, Philip L.
Morace, Barabara A.
Nelson, Patricia A.
Rohan, John K. Speer,
Jr., Mirlande Tadal,
Gabriel C. Videla,
Robert D. Weisel,
Phillip T. Williams,
Jeffrey Chase.
New York--10014, 201 Varick Donn L. Livingston, Thomas J. Bonita, (212) 620-6279, (212) 620-6357
Street, Room 1140, App. Code-- Alan L. Page, Alan A. III. (fax).
7D05030232.. Vomacka.
PENNSYLVANIA
Philadelphia--19103, 1600 Donald V. Ferlise, R. Elliott Edwards (215) 656-7000, (215) 656-7013
Callowhill Street, Suite 400, Craig DeBernardis. (fax).
App. Code--7D05030207.
York--17402, 3434 Concord Road, William Van Wyke....... Brenda L. Cook.... (717) 755-7555, (717) 757-0132
App. Code--7D05030209. (fax).
[[Page 61386]]
PUERTO RICO
Guaynabo (San Juan)--00965, GSA Rafael B. Ortiz-Segura. George A. Spreyne. (787) 749-4386, (787) 749-4393
Center, 651 Federal Drive, (fax).
Suite 111-14, App. Code--
7D05030208.
TEXAS
Dallas--75202, 1200 Main Street, Edwin R. Hughes, D. Barbara T. Baker.. (214) 767-1814, (214) 767-6410
Suite 700, App. Code-- Anthony Rogers, Cary (fax).
7D05030211. Copeland.
El Paso--79925, 1545 Hawkins Gary D. Burkholder, Theresa N. Baeza.. (915) 540-1910, (915) 540-1922
Boulevard, Suite 205, App. Penny M. Smith, Bertha (fax).
Code--7D05030212. A. Zuniga.
El Paso--79925, El Paso Service Visiting IJ............ Theresa N. Baeza.. (915) 540-7854, No fax.
Processing Center, 8915 Montana
Avenue, App. Code--7D05030212.
Harlingen--78550, 201 E. Jackson Howard E. Achtsam, Celeste Garza..... (210)427-8580, (210) 427-8905
Street, App. Code--7D05030213. David Ayala, Margaret (fax).
D. Burkhart, M. Edwin
Prudhomme.
Los Fresnos--78566, Port Isabel Visiting IJ............ Celeste Garza..... (210) 233-4467, (210) 233-5318
Processing Center, Route 3, Box (fax).
341, Building 37, App. Code--
7D05030213. Mailing Address:
201 E. Jackson St., Harlingen,
TX 78550.
Houston--77004, 2320 La Branch Robert Brown, Clarease Dina P. Sherman... (713) 718-3870, (713) 718-3879
Street, Room 2235, App. Code-- M. Rankin, Michael K. (fax).
7D05030214. Suarez, Joseph Vail.
Houston--77032, Houston Service Susan L. Yarbrough..... Dina P. Sherman... (713) 987-0290, (713) 987-3142
Processing Center, 15850 Export (fax).
Plaza Drive, App. Code--
7D05030214.
Huntsville--77340, Goree INS Jimmie L. Benton....... Dina P. Sherman... (409) 295-1353, (409) 295-6510
Facility, 30000A Highway 75 (fax).
South, App. Code--7D05030232.
Mailing Address: P.O. Box 1538,
Huntsville, TX 77342-1538.
Laredo--78041, 4702 E. Saunders, Visiting IJ............ J. Thomas Davis... (210) 727-4772, (210) 726-2320
App. Code--7D05030215. Mailing (fax).
Address: Laredo Service
Processing Center, P.O. Box
440110, Laredo, TX 78044-0110.
San Antonio-78205-2040, 615 E. Richard F. Brodsky, J. Thomas Davis... (210) 472-6637, (210) 472-4282
Houston Street, Room 598, App. Susan E. Conley- (fax).
Code-7D05030215. Castro, Glenn P.
McPhaul.
VIRGINIA
Arlington-22203, 901 N. Stuart John M. Bryant, Joan V. Beverly Swihart (703) 235-2307, (703) 235-2372
St., Suite 1300, App. Code- Churchill, Christopher Holmes. (fax).
7D05030210. M. Grant, Wayne R.
Iskra, Paul A.
Nejelski.
WASHINGTON
Seattle-98104, Key Tower Anna Ho, Kenneth Joseph Neifert... (206) 553-5953, (206) 553-0622
Building, 1000 Second Avenue, Josephson, Kendall B. (fax).
Suite 2500, App. Code- Warrem.
7D05030221.
Seattle-98134, Seattle Det. Anna Ho, Kenneth Joseph Neifert.... call Seattle office: (206) 553-
Center, c/o U.S. INS, 815 Josephson, Kendall B. 5953, (206) 553-0622 (fax).
Airport Way, App. Code- Warren.
7D05030221.
----------------------------------------------------------------------------------------------------------------
BILLING CODE 4310-GG-M
[[Page 61387]]
[GRAPHIC] [TIFF OMITTED] TN17NO97.015
BILLING CODE 4410-10-M
[[Page 61388]]
Please save this notice for your records. Please enclose a
copy if you have to write us or a U.S. Consulate about this case, or if
you file another application based on this decision.
You will be notified separately about any other
applications or petitions you have filed.
Additional Information
General
The filing of an application or petition does not in itself allow a
person to enter the United States and does not confer any other right
or benefit.
Inquiries
You should contact the office listed on the reverse of this notice
if you have questions about the notice, or questions about the status
of your application or petition. We recommend you call. However, if you
write us, please enclose a copy of this notice with your letter.
Approval of Nonimmigrant Petition
Approval of a nonimmigrant petition means that the person for whom
it was filed has been found eligible for the requested classification.
If this notice indicated we are notifying a U.S. Consulate about the
approval for the purpose of visa issuance, and you or the person you
filed for have questions about visa issuance, please contact the
appropriate U.S. Consulate directly.
Approval of an Immigrant Petition
Approval of an immigrant petition does not convey any right or
status. The approved petition simply establishes a basis upon which the
person you filed for can apply for an immigrant or fiance(e) visa or
for adjustment of status.
A person is not guaranteed issuance of a visa or a grant of
adjustment simply because this petition is approved. Those processes
look at additional criteria.
If this notice indicates we have approved the immigrant petition
you filed, and have forwarded it to the Department of State Immigrant
Visa Processing Center, that office will contact the person you filed
the petition for directly with information about visa issuance.
In addition to the information on the reverse of this notice, the
instructions for the petition you filed provide additional information
about processing after approval of the petition.
For more information about whether a person who is already in the
U.S. can apply for adjustment of status, please see Form I-485,
Application to Register Permanent Residence or Adjust Status.
BILLING CODE 4410-10-M
[[Page 61389]]
[GRAPHIC] [TIFF OMITTED] TN17NO97.016
BILLING CODE 4410-10-M
[[Page 61390]]
Please save this notice for your records. Please enclose a
copy if you have to write us or a U.S. Consulate about this case, or if
you file another application based on this decision.
You will be notified separately about any other
applications or petitions you have filed.
Additional Information
General
The filing of an application or petition does not in itself allow a
person to enter the United States and does not confer any other right
or benefit.
Inquiries
You should contact the office listed on the reverse of this notice
if you have questions about the notice, or questions about the status
of your application or petition. We recommend you call. However, if you
write us, please enclose a copy of this notice with your letter.
Approval of Nonimmigrant Petition
Approval of a nonimmigrant petition means that the person for whom
it was filed has been found eligible for the requested classification.
If this notice indicated we are notifying a U.S. Consulate about the
approval for the purpose of visa issuance, and you or the person you
filed for have questions about visa issuance, please contact the
appropriate U.S. Consulate directly.
Approval of an Immigrant Petition
Approval of an immigrant petition does not convey any right or
status. The approved petition simply establishes a basis upon which the
person you filed for can apply for an immigrant or fiance(e) visa or
for adjustment of status.
A person is not guaranteed issuance of a visa or a grant of
adjustment simply because this petition is approved. Those processes
look at additional criteria.
If this notice indicates we have approved the immigrant petition
you filed, and have forwarded it to the Department of State Immigrant
Visa Processing Center, that office will contact the person you filed
the petition for directly with information about visa issuance.
In addition to the information on the reverse of this notice, the
instructions for the petition you filed provide additional information
about processing after approval of the petition.
For more information about whether a person who is already in the
U.S. can apply for adjustment of status, please see Form I-485,
Application to Register Permanent Residence or Adjust Status.
BILLING CODE 4410-10-M
[[Page 61391]]
[GRAPHIC] [TIFF OMITTED] TN17NO97.017
BILLING CODE 4410-10-M
[[Page 61392]]
Please save this notice for your records. Please enclose a
copy if you have to write us or a U.S. Consulate about this case, or if
you file another application based on this decision.
You will be notified separately about any other
applications or petitions you have filed.
Additional Information
General
The filing of an application or petition does not in itself allow a
person to enter the United States and does not confer any other right
or benefit.
Inquiries
You should contact the office listed on the reverse of this notice
if you have questions about the notice, or questions about the status
of your application or petition. We recommend you call. However, if you
write us, please enclose a copy of this notice with your letter.
Approval of Nonimmigrant Petition
Approval of a nonimmigrant petition means that the person for whom
it was filed has been found eligible for the requested classification.
If this notice indicated we are notifying a U.S. Consulate about the
approval for the purpose of visa issuance, and you or the person you
filed for have questions about visa issuance, please contact the
appropriate U.S. Consulate directly.
Approval of an Immigrant Petition
Approval of an immigrant petition does not convey any right or
status. The approved petition simply establishes a basis upon which the
person you filed for can apply for an immigrant or fiance(e) visa or
for adjustment of status.
A person is not guaranteed issuance of a visa or a grant of
adjustment simply because this petition is approved. Those processes
look at additional criteria.
If this notice indicates we have approved the immigrant petition
you filed, and have forwarded it to the Department of State Immigrant
Visa Processing Center, that office will contact the person you filed
the petition for directly with information about visa issuance.
In addition to the information on the reverse of this notice, the
instructions for the petition you filed provide additional information
about processing after approval of the petition.
For more information about whether a person who is already in the
U.S. can apply for adjustment of status, please see Form I-485,
Application to Register Permanent Residence or Adjust Status.
BILLING CODE 4410-10-M
[[Page 61393]]
[GRAPHIC] [TIFF OMITTED] TN17NO97.018
BILLING CODE 4410-10-M
[[Page 61394]]
Please save this notice for your records. Please enclose a
copy if you have to write us or a U.S. Consulate about this case, or if
you file another application based on this decision.
You will be notified separately about any other
applications or petitions you have filed.
Additional Information
General
The filing of an application or petition does not in itself allow a
person to enter the United States and does not confer any other right
or benefit.
Inquiries
You should contact the office listed on the reverse of this notice
if you have questions about the notice, or questions about the status
of your application or petition. We recommend you call. However, if you
write us, please enclose a copy of this notice with your letter.
Approval of Nonimmigrant Petition
Approval of a nonimmigrant petition means that the person for whom
it was filed has been found eligible for the requested classification.
If this notice indicated we are notifying a U.S. Consulate about the
approval for the purpose of visa issuance, and you or the person you
filed for have questions about visa issuance, please contact the
appropriate U.S. Consulate directly.
Approval of an Immigrant Petition
Approval of an immigrant petition does not convey any right or
status. The approved petition simply establishes a basis upon which the
person you filed for can apply for an immigrant or fiance(e) visa or
for adjustment of status.
A person is not guaranteed issuance of a visa or a grant of
adjustment simply because this petition is approved. Those processes
look at additional criteria.
If this notice indicates we have approved the immigrant petition
you filed, and have forwarded it to the Department of State Immigrant
Visa Processing Center, that office will contact the person you filed
the petition for directly with information about visa issuance.
In addition to the information on the reverse of this notice, the
instructions for the petition you filed provide additional information
about processing after approval of the petition.
For more information about whether a person who is already in the
U.S. can apply for adjustment of status, please see Form I-485,
Application to Register Permanent Residence or Adjust Status.
BILLING CODE 441-10-M
[[Page 61395]]
[GRAPHIC] [TIFF OMITTED] TN17NO97.019
BILLING CODE 4410-10-M
[[Page 61396]]
District Codes
------------------------------------------------------------------------
Districts-36 Org type
------------------------------------------------------------------------
2--Boston, MA.......................... DAF BOS
3--New York, NY........................ DAF NYC
4--Philadelphia, PA.................... DAF PHI
5--Baltimore, MD....................... DAF BAL
6--Miami, FL........................... DAF MIA
7--Buffalo, NY......................... DAF BUF
8--Detroit, MI......................... DAF DET
9--Chicago, IL......................... DAF CHI
10--St. Paul, MN......................... DAF SPM
11--Kansas City, MO...................... DF KAN
12--Seattle, WA.......................... DAF SEA
13--San Francisco, CA.................... DAF SFR
14--San Antonio, TX...................... DAF SNA
15--El Paso, TX.......................... DAF ELP
16--Los Angeles, CA...................... DAF LOS
17--Honolulu, HI......................... DAF HHW
18--Phoenix, AZ.......................... DAF PHO
19--Denver, CO........................... DAF DEN
20--Dallas, TX........................... DAF DAL
21--Newark, NJ........................... DAF NEW
22--Portland, ME......................... DAF POM
24--Cleveland, OH........................ DAF CLE
25--Washington, DC....................... DAF WAS
26--Atlanta, GA.......................... DAF ATL
27--San Juan, PR......................... DAF SAJ
28--New Orleans, LA...................... DAF NOL
29--Omaha, NE............................ DF OMA
30--Helena, MT........................... DF HEL
31--Portland, OR......................... DAF POO
32--Anchorage, AK........................ DAF ANC
33--Bangkok, Thailand.................... OD BKK
35--Mexico City, MX...................... OD MEX
37--Rome, Italy.......................... OD RIT
38--Houston, TX.......................... DAF HOU
39--San Diego, CA........................ DAF SND
40--Harlingen, TX........................ DAF HLG
EASTERN REGION:
DISTRICT 2--BOSTON, MA
Providence, RI........................... SAF PRO
*Hartford, CT............................ SAF HAR
*Lebanon, MA............................. A LEB
Boston Proc. Ctr......................... P BPC
DISTRICT 3--New York, NY
*NY Seaport combined w/quarantine unit, U NYS
NY.
JFK Airport, NY.......................... A ZJK
Hamilton, Bermuda........................ I HAM
Varick Proc. Ctr......................... P VRK
*Brookland Proc. Ctr..................... P BKN
DISTRICT 4--Philadelphia, PA
*Altoona, PA............................. U ALT
Pittsburgh, PA........................... SF PIT
*Dover AFB, DL........................... A DVD
DISTRICT 5--Baltimore, MD
DISTRICT 6--Miami, FL
Jacksonville, FL......................... SA JAC
Key West, FL............................. SA KEY
Port Everglades, FL...................... SA PEV
*Port Canaveral, FL...................... A PCF
Tampa, FL................................ SA TAM
West Palm Beach, FL...................... SA WPB
Orlando Airport, FL...................... A ORL
Krome Proc. Ctr.......................... P KRO
Fort Pierce, FL.......................... A FTP
Jacksonville Seaport, FL................. U JAS
Miami Seaport, FL........................ U MSE
*Panama City, FL......................... A PAN
*Sanford, FL............................. A SFB
DISTRICT 7--Buffalo, NY
Thousand Island Bridge, NY............... SA THO
Trout River, NY.......................... SA TRO
*Rooseveltown, NY........................ A RSV
Albany, NY............................... SAF ALB
Champlain, NY............................ SA CHM
Chateauguay, NY.......................... SA CHT
Fort Covington, NY....................... SA FTC
*Lewiston, NY............................ A LEW
Massena, NY.............................. SA MAS
Mooers, NY............................... SA MOO
Niagara Falls, NY........................ SA NIA
Ogdensburg, NY........................... SA OGD
Peace Bridge, NY......................... SA PBB
Rouses Point, NY......................... SA ROU
DISTRICT 8--Detroit, MI
Algonac, MI.............................. SA AGN
Marine City, MI.......................... SA MRC
Port Huron, MI........................... SA PHU
Roberts Landing, MI...................... SA RBT
Sault Ste. Marie, MI..................... SA SSM
*Detroit Michigan Bridge, MI............. A DCB
*Detroit Michigan Tunnel, MI............. A DCT
DISTRICT 21--Newark, NJ
*Camden, NJ.............................. A CNJ
McGuire AFB, NJ.......................... A MAG
Alburg, VT............................... SA ABG
Alburg Springs, VT....................... SA ABS
Bangor, ME............................... SA BGM
Beebe Plains, VT......................... SA BEB
Beecher Falls, VT........................ SA BEE
Bridgewater, ME.......................... SA BWM
*Burlington, VT.......................... A BRG
Calais, ME............................... SA CLS
*Eastport, ME............................ A EPM
Canann, VT............................... SA CNA
Coburn Gore, ME.......................... SA COB
Derby Line, VT........................... SA DER
*Derby Line RT5 POE...................... P DVL
East Richford, VT........................ SA ERC
Fort Fairfield, ME....................... SA FTF
Fort Kent, ME............................ SA FTK
*Eastcourt, ME........................... A EST
*St. Pampile, ME......................... A SPA
Hamlin, ME............................... SA HML
Highgate Springs, VT..................... SA HIG
Houlton, ME.............................. A HTM
*Easton, ME.............................. A EAS
*Forest City, ME......................... A FOR
*Monticello, ME.......................... A MTC
*Orient, ME.............................. A ORI
Jackman, ME.............................. SA JKM
*St. Aurelie............................. SA SRL
Limestone, ME............................ SA LIM
Lubec, ME................................ SA LUB
Madawaska, ME............................ SA MAD
*Morses Line, VT......................... A MOR
North Troy, VT........................... SA NRT
Norton, VT............................... SA NRN
Pinnacle Rd., VT......................... A PIV
*Pittsburgh, NH.......................... A PNH
Richford, VT............................. SA RIF
*St. Albans, VT.......................... SA STA
Van Buren, ME............................ SA VNB
Vancboro, ME............................. SA VCB
West Berkshire, VT....................... SA WBE
DISTRICT 24--Cleveland, OH
Cincinnati, OH........................... SAF CIN
Sandusky, OH............................. SA SDY
Toledo, OH............................... SA TOL
Columbus, OH............................. A CLM
DISTRICT 25--Washington, D.C.
Norfolk, VA
Norfolk Seaport, VA...................... U NOS
DISTRICT 26--Atlanta, GA
Charleston, SC........................... SA CHL
Charlotte, NC............................ SF CLT
*Greer, SC............................... SA GRR
Mobile, AL............................... SA MOB
*Raleigh-Durham, NC...................... SA RDU
Savannah, GA............................. SA SAV
Wilmington, NC........................... SA WIL
DISTRICT 27--San Juan, PR
Aguadilla Proc. Ctr...................... P AGC
Charlotte Amalie, St. Thomas, VI......... SA CHA
Christiansted, St. Croix, VI............. SA CHR
Cruz, Bay, St. John, VI.................. SA CRU
Mayaguez, PR............................. A MAY
Ponce, PR................................ SA PON
DISTRICT 28--New Orleans, LA
*Baton Rouge, LA......................... A BTN
*Gulfport, MS............................ A GUL
*Lake Charles, LA........................ A LKC
Louisville, KY........................... S LOU
Memphis, TN.............................. SF MEM
*Nashville, TN........................... A NSV
*Oakdale, LA............................. P OAK
CENTRAL REGION:
DISTRICT 9--Chicago, IL
Milwaukee, WI............................ SAF MIL
*Indianapolis, IN........................ S INP
DISTRICT 10--St. Paul, MN
Baudette, MN............................. SA BAU
Duluth, MN............................... SA DUL
Grand Portage, MN........................ SA GPM
International Falls, MN.................. SA INT
Lancaster, MN............................ SA LAN
Noyes, MN................................ SA NOY
*Pembina, ND............................. A PEM
Pine Creek, MN........................... SA PIN
Roseau, MN............................... SA ROS
Warroad, MN.............................. SA WAR
Ambrose, ND.............................. SA AMB
Antler, ND............................... SA ANT
Carbury, ND.............................. SA CRY
Dunseith, ND............................. SA DNS
Fargo, ND................................ SA FAR
Fortuna, ND.............................. SA FRT
Minot, ND................................ A MND
Hannah, ND............................... SA HNN
Hansboro, ND............................. SA HNS
Maida, ND................................ SA MAI
Neche, ND................................ SA NEC
Noonan, ND............................... SA NOO
Northgate, ND............................ SA NRG
Portal, ND............................... SA POR
St. John, ND............................. SA SJO
Sarles, ND............................... SA SAR
Sherwood, ND............................. SA SHR
Walhalla, ND............................. SA WAL
Westhope, ND............................. SA WHO
Wilton, ND............................... A WND
DISTRICT 11--Kansas CITY, MO
St. Louis, MO............................ SF STL
DISTRICT 14--San Antonio, TX
Austin, TX............................... SA AUS
Amistad Dam, TX.......................... A ADT
*Corpus Christi, TX...................... SA CRP
Del Rio, TX.............................. SA DLR
Eagle Pass, TX........................... SA EGP
Laredo, TX............................... SA LAR
Juarez-Lincoln Bridge, TX................ A LLB
[[Page 61397]]
Laredo Proc. Ctr......................... P LRD
Laredo Columbia Bridge, TX............... A LCB
DISTRICT 15--El Paso, TX
Columbus, NM............................. SA COL
Fabens, TX............................... SA FAB
Presidio, TX............................. SA PRE
*Port of El Paso......................... A POE
*Paso del Norte Bridge, TX............... A PDN
*Bridge of the Americas, TX.............. A BOA
*Ysleta, TX.............................. SA YSL
Santa Teresa, NM......................... A STR
Albuquerque, NM.......................... S ABQ
El Paso Processing Center, TX............ P EPC
*Fort Hanock, TX......................... P FTH
DISTRICT 19--Denver, CO
Salt Lake City, UT....................... SAF SLC
DISTRICT 20--Dallas, TX
Oklahoma City, OK........................ SF OKC
DISTRICT 29--Omaha, NE................... OMA
DISTRICT 30--Helena, MT.................. HEL
Boise, ID................................ S BOI
Chief Mountain, MT....................... A CHF
Del Bonita, MT........................... A DLB
Great Falls, MT.......................... A GRE
Morgan, MT............................... SA MGM
Opheim, MT............................... SA OPH
Piegan, MT............................... SA PIE
Raymond, MT.............................. SA RAY
Roosville, MT............................ SA ROO
Scobey, MT............................... SA SCO
Sweetgrass, MT........................... SA SWE
Turner, MT............................... SA TUR
Whitetail, MT............................ SA WHI
Wild Horse, MT........................... SA WHM
Willow Creek, MT......................... SA WCM
Missoula, MT............................. SA MIS
DISTRICT 38--Houston, TX
Galveston, TX............................ SA GAL
Port Arthur, TX.......................... SA PAR
DISTRICT 40--Harlington, TX
*Brownsville, TX......................... A BRO
*Brownsville/Gateway, Bridge, TX......... A BRO
*Brownsville Matamoros Bridge, TX........ A BBM
Falcon Heights, TX....................... SA FAL
Hidalgo, TX.............................. SA HID
Los Ebanos, TX........................... SA LSE
*Los Indios, TX.......................... A LOI
Port Isabel Proc. Ctr.................... P PIC
Progresso, TX............................ SA PGR
Rio Grande, TX........................... SA RIO
Roma, TX................................. SA ROM
Pharr, TX................................ SA PHR
Nogales, AZ.............................. SA NOG
Sasabe, AZ............................... SA SAS
San Luis, AZ............................. SA SLU
Tucson, AZ............................... S TUC
*Las Vegas, NV........................... SF LVG
*Reno, NV................................ SF REN
*Mariposa, AZ............................ A MAP
*Eloy Proc. Cr., AZ...................... P EAZ
DISTRICT 31--Portland, OR
Astoria, AK.............................. SA AST
Coos Bay, OR............................. A COO
New Port, OR............................. P NPT
DISTRICT 32--Anchorage, AK
Alcan, AK................................ SA ALC
Dalton Cache, AK......................... SA DAC
Ketchikan, AK............................ SA KET
Skagway, AK.............................. A SKA
*Dutch Harbor, AK........................ A DTH
Poker Creek, AK.......................... A PKC
Nome, AK................................. A NOM
Fairbanks, AK............................ A FRB
DISTRICT 39--San Diego
Andrade, CA.............................. SA AND
Calexico, CA............................. SA CAL
Calexico East Port....................... P IVP
El Centro Proc. Ctr., CA................. P ECC
*San Diego Port-of-Entry, CA............. A SDP
*Otay Mesa, CA........................... A OTM
*San Ysidro, CA.......................... SA SYS
*Tecata, CA.............................. SA TEC
------------------------------------------------------------------------
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Attachment 6--Interim Guidance--Documentary Evidence for Excepted
Categories of Aliens Eligible for SSI, Food Stamps, TANF, Medicaid, and
Programs Funded by a Social Services Block Grant
Under Section 402 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (the ``Act''), only certain
excepted categories of aliens remain eligible for SSI and Food Stamps.
States may also limit eligibility for TANF, Medicaid and programs
funded by a Social Services Block Grant to certain excepted categories
of aliens. Some of the excepted categories enjoy unqualified exemptions
from the restrictions in section 402, while others are exempted for
limited time periods. The exceptions for each program, and the
documents that may be used to determine eligibility under these
exceptions, are set forth below.
Exceptions
A. SSI
Certain categories of aliens are excepted from the restrictions on
SSI eligibility imposed by Section 402. If an alien falls within one of
the categories listed below, he or she remains eligible for SSI:
Lawfully admitted permanent resident aliens who have
worked or can be credited with 40 qualifying quarters (any quarter
after December 31, 1996 cannot be counted if the alien received any
federal means-tested public benefit during that quarter);
Qualified aliens lawfully residing in any State who are
honorably discharged veterans and who fulfill minimum active-duty
service requirements, or who are on non-training active duty in the
U.S. Armed Forces, or who are the spouse, unmarried dependent child, or
unremarried surviving spouse of such a veteran or active-duty
personnel, provided that, in the latter case, the marriage satisfies
the requirements of 38 U.S.C. 1304 (see DOD/VA Guidance attached as
Exhibit B hereto);
Qualified aliens lawfully residing in the United States
who were receiving SSI on August 22, 1996;
Qualified aliens who were lawfully residing in the United
States on August 22, 1996, and who are blind or disabled;
American Indians born in Canada and to whom the provisions
of section 289 of the INA apply;
Members of an Indian tribe (as defined in section 4(e) of
the Indian Self-Determination and Education Assistance Act); or
Qualified aliens receiving SSI benefits after July 1996 on
the basis of an application filed before January 1, 1979, if the
Commissioner of Social Security lacks clear and convincing evidence
that such individuals are otherwise ineligible under section 402.
Other categories of aliens remain eligible for SSI for only a
limited time period:
Asylees, for a period of seven years after obtaining such
status;
Aliens whose deportation or removal has been withheld, for
a period of seven years after obtaining such status;
Refugees, for a period of seven years after the date they
entered the U.S. as refugees;
Cuban/Haitian entrants, as defined in section 501(c) of
the Refugee Education Assistance Act of 1980, for a period of seven
years after they obtain such status; and
Amerasian immigrants admitted to the U.S. pursuant to
section 584 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act of 1988, for a period of seven years after
their admission.
B. Medicaid
Regardless of whether a State chooses to impose additional
restrictions on the eligibility of aliens to receive Medicaid, the
following categories of aliens are eligible:
Lawfully admitted permanent resident aliens who have
worked or can be credited with 40 qualifying quarters (any quarter
after December 31, 1996 cannot be counted if the alien received any
federal means-tested public benefit during that quarter);
Qualified aliens lawfully residing in any State who are
honorably discharged veterans and who fulfill minimum active-duty
service requirements, or who are on non-training active duty in the
U.S. Armed Forces, or who are the spouse, unmarried dependent child, or
unremarried surviving spouse of such a veteran or active-duty
personnel, provided that, in the latter case, the marriage satisfies
the requirements of 38 U.S.C. 1304 (see DOD/VA Guidance attached as
Exhibit B hereto);
American Indians born in Canada and to whom the provisions
of section 289 of the INA apply; and
Members of an Indian tribe (as defined in section 4(e) of
the Indian Self-Determination and Education Act).
Time-limited exceptions apply to the following categories:
Asylees, for a period of seven years after obtaining such
status;
Aliens whose deportation or removal has been withheld, for
a period of seven years after obtaining such status;
Refugees, for a period of seven years after the date they
entered the U.S. as refugees;
Cuban/Haitian entrants, as defined in section 501(e) of
the Refugee Education Assistance Act of 1980, for a period of seven
years after they obtain such status; and
Amerasian immigrants admitted to the U.S. pursuant to
section 584 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act of 1988, for a period of seven years after
their admission.
Also, any alien receiving SSI benefits retains derivative
eligibility for Medicaid, regardless of whether he or she is otherwise
ineligible for Medicaid under the Act.
C. Food Stamps, TANF, and Social Services Block Grant Programs
With respect to TANF and programs funded by a Social Services Block
Grant, states have the option of limiting aliens' eligibility for such
programs. As an initial matter, then, you should determine whether your
State has imposed additional eligibility requirements. Even if your
State has chosen to impose such restrictions, the following categories
of aliens would remain eligible for Food Stamps, TANF, and programs
funded by a Social Services Block Grant, without any time limitation:
Lawfully admitted permanent resident aliens who have
worked or can be credited with 40 qualifying quarters (any quarter
after December 31, 1996 cannot be counted if the alien received any
federal means-tested public benefit during that quarter); and
Qualified aliens lawfully residing in any State who are
honorably discharged veterans and who fulfill minimum active-duty
service requirements, or who are on non-training active duty in the
U.S. Armed Forces, or who are the spouse, unmarried dependent child, or
unremarried surviving spouse of such a veteran or active-duty
personnel, provided that, in the latter case, the marriage satisfies
the requirements of 38 U.S.C. Sec. 1304 (see DOD/VA Guidance attached
as Exhibit B hereto).
Time-limited exceptions apply to the following categories:
Asylees, for a period of five years after obtaining such
status;
Aliens whose deportation of removal has been withheld, for
a period of five years after obtaining such status;
Refugees, for a period of five years after the date they
entered the U.S. as refugees;
Cuban/Haitian entrants, as defined in section 501(e) of
the Refugee Education Assistant Act of 1980, for a
[[Page 61411]]
period of five years after they obtain such status; and
Amerasian immigrants admitted to the U.S. pursuant to
section 84 of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act of 1988, for a period of five years after
their admission.
Unlike the derivative eligibility provision for Medicaid, aliens
receiving SSI benefits for not entitled to derivative eligibility for
Food Stamps if they are otherwise ineligible for Food Stamp benefits
under the Act.
Documentation of Exceptions
The documents listed below (examples of which are attached to
Attachment 5 of the Interim Guidance) establish that an applicant falls
within one of the excepted categories of aliens.
Under the INA, all aliens over the age of 14 who remain in the
United States for longer than 30 days are required to register with the
Immigration and Naturalization Service (the ``INS'') and obtain an
alien registration document; all aliens over the age of 18 who receive
a registration document are required to carry it with them at all
times. With certain exceptions (e.g., Canadian visitors), aliens
entering the U.S. are normally issued a registration document (e.g., an
INS Form I-94) at the time of entry. The documents listed below that
are registration documents are indicated with an asterisk (``*'').
Each of the documents listed below will demonstrate lawful status,
and you should not require presentation of a registration document if
the applicant presents one for the other legally acceptable documents
that reasonably appears on its face to be genuine and to relate to the
person presenting it. However, if the document presented is not a
registration document and does not on its face reasonably appear to be
genuine or to relate to the person presenting it, it is appropriate to
ask the applicant to produce his or her registration document as
additional evidence of immigration status, so long as the request is
not made for a discriminatory reason (see Nondiscrimination Advisory,
Attachment 2 to Interim Guidance). Presentation of a registration
document listed below that reasonably appears on its face to be genuine
and to relate to the person presenting it (or to satisfy a higher
applicable standard) will often obviate the need to verify the
applicant's immigration status with the INS; if the applicant presents
a registration document that does not meet this standard, sending the
INS a copy of the document will assist it in verifying the applicant's
status quickly and accurately.
Alien Lawfully Admitted for Permanent Resident (``LPR'') under the INA
Who Has Worked or Can Be Credited With 40 Qualifying Quarters or Who is
Otherwise Eligible
LPR:
*INS Form I-551 (Alien Registration Receipt Card, commonly
known as a ``green card''); or
Unexpired temporary I-551 stamp in foreign passport or on
*INS Form I-94.
40 Qualifying Quarters: Until you have access to SSA's automated
system for verifying qualifying quarters, refer to the SSA Guidance
attached as Exhibit A for guidance on how to verify 40 qualifying
quarters. NOTE: Any quarter after December 31, 1996, cannot be counted
if the alien received any federal means-tested public benefit during
that quarter.
LPR Who is Otherwise Eligible: An LPR who does not have 40
qualifying quarters will still be eligible if he or she:
entered the U.S. as a refugee within the previous five
years, was granted asylum during the previous five years, or had his or
her deportation or removal withheld within the previous five years:
If an applicant attests to having been admitted as a refugee within
the previous five years, review the applicant's INS Form I-551 (green
card) for code RE-6, RE-7, RE-8 or RE-9, and derive the date of
admission from the date on the card.
If an applicant attests to having been granted asylum or having had
deportation or removal withheld within the previous five years, file
INS Form G-845 and Supplement along with a copy of the I-551 with the
local INS office to verify status.
or
is an honorably discharged veteran who fulfilled minimum
active-duty service requirements, or is a person on none-training
active duty or is the spouse, dependent child, or unremarried surviving
spouse of such a person:
Referer to DOD Guidance attached as Exhibit B for guidance on how
to verify such status.
Qualified Alien Lawfully Residing in State Who Is an Honorably
Discharged Veteran, On Non-Training Active Duty in the U.S. Armed
Forces, or the Spouse, Unmarried Dependent Child, or Unremarried
Surviving Spouse of Such a Veteran or Active-Duty Personnel
Refer to Attachment 5 to the Interim Guidance for
documentation of qualified alien status; and
Refer to DOD/VA Guidance attached as Exhibit B for
guidance on how to verify veteran and active duty status.
Qualified Alien Lawfully Residing in the U.S. Who Was Receiving SSI on
August 22, 1996.
Contact SSA for guidance on appropriate documentation.
Qualified Alien Lawfully Residing the U.S. on August 22, 1996 Who Is
Blind or Disabled
Contact SSA for guidance on appropriate documentation.
Qualified Alien Receiving SSI Benefits After July 1996 on the Basis of
An Application Filed Before January 1, 1979:
Contact SSA for guidance on appropriate documentation.
American Indians Born in Canada and Covered By Section 289 of the INA
*INS Form I-551 (Alien Registration Receipt Card, commonly
known as a ``green card'') with the code S13;
Unexpired temporary I-551 stamp in Canadian passport or on *INS
Form I-94 with the code S13; or
A letter or other tribal document certifying at least 50
per centum American Indian blood, as required by INA Section 289,
combined with a birth certificate or other satisfactory evidence of
birth in Canada.
Members of an Indian Tribe
Membership card or other tribal document demonstrating
membership in a federally-recognized Indian tribe under section 4(e) of
the Indian Self-Determination and Education Assistance Act. Contact Soo
Song, Deputy Director, Office of Tribal Justice, United States
Department of Justice, (202) 415-8812, for a list of federally-
recognized tribes under section 4(e).
If the individual has no document evidencing tribal
membership, contact the tribal government for confirmation of the
individual's membership. Tribal government contact lists are available
from Soo Song, Deputy Director, Office of Tribal Justice, Department of
Justice, (202) 514-8812.
Asylee
*INS Form I-94 annotated with stamp showing grant of
asylum under Sec. 208 of the INA;
*INS Form I-688B (Employment Authorization Card) annotated
``274a12(a)(5)'';
INS Form I-766 (Employment Authorization Document)
annotated ``A5'';
[[Page 61412]]
Grant letter from the Asylum Office of INS; or
Order of an immigration judge granting asylum.
Seven or Five-Year Limit: Where eligibility is limited to asylees
who obtained asylee status within the previous seven or five years, INS
Form I-94, the INS grant letter and the court order will each include
the date asylee status was granted; if the applicant cannot provide any
of these documents, file INS Form G-845 and Supplement along with a
copy of the documents indicating asylee status with the local INS
office to verify the date the status was granted.
Refugee
*INS Form I-94 annotated with stamp showing admission
under section 207 of the INA;
INS Form I-688B (Employment Authorization Card) annotated
``274a12(a)(3)'';
*INS Form I-766 (Employment Authorization Document)
annotated ``A3''; or
INS Form I-571 (Refugee Travel Document).
Seven or Five-Year Limit: Where eligibility is limited to aliens
who were admitted as refugees within the previous seven or five years,
the date of inspection on the refugee stamp on INS Form I-94 will
indicate the date of admission as a refugee; if the date is missing or
if the applicant cannot present an I-94, file INS Form G-845 and
Supplement along with a copy of the pertinent documents with the local
INS office to verify the date of admission as a refugee.
Alien Whose Deportation or Removal Was Withheld
*INS Form I-688B (Employment Authorization Card) annotated
``274a12(a)(10)'';
INS Form I-766 (Employment Authorization Document)
annotated ``A10''; or
Order from an immigration judge showing deportation
withheld under Sec. 243(h) of the INA as in effect prior to April 1,
1997, or removal withheld under Sec. 241(b)(3) of the INA.
Seven or Five-Year Limited: Where eligibility is limited to aliens
whose deportation was withheld within the previous seven or five years,
the court order will include the date deportation was withheld; if the
applicant does not present a court order, file INS Form G-845 and
Supplement along with a copy of the pertinent documents with the local
INS office to verify the date deportation was withheld.
Cuban/Haitian Entrants
*INS Form I-551 (Alien Registration Receipt Card, commonly
known as a ``green card'') with the code CU6, CU7, and CH6;
Unexpired temporary I-551 stamp in foreign passport or on
*INS Form I-94 with the code CU6 or CU7; or
INS Form *I-94 with stamp showing parole as ``Cuban/
Haitian Entrant'' under Section 212(d)(5) of the INA.
Seven or Five-Year Limit: Where eligibility is limited to aliens
who were granted status as a Cuban/Haitian entrant within the previous
seven or five years, the date on the INS Form I-551 or the date of
inspection on the stamp on INS Form I-94 will indicate the date status
was granted; if the date is missing on Form I-94, file INS Form G-845
and Supplement along with a copy of the pertinent documents with the
local INS office to verify the date status was granted.
Amerasian Immigrants
*INS Form I-551 (Alien Registration Receipt Card, commonly
known as a ``green card'') with the code AM6, AM7, or AM8; or
Unexpired temporary I-551 stamp in foreign passport or on
*INS Form I-94 with the code AM1, AM2, or AM3.
Seven or Five-Year Limit: Where eligibility is limited to aliens
who were admitted as Amerasian immigrants within the previous seven or
five years, the date on the INS Form I-551 or the date of inspection on
the stamp on INS Form I-94 will indicate the date of admission; if the
date is missing on Form I-94, file INS Form G-845 and Supplement along
with a copy of the pertinent documents with the local INS office to
verify the date of admission.
Expired or Absent Documentation: If an applicant presents expired
documents or is unable to present any documentation evidencing his or
her immigration status, refer the applicant to the local INS office to
obtain documentation of status. In unusual cases involving applicants
who are hospitalized or medically disabled, or who can otherwise show
good cause for their inability to present documentation, and for whom
securing such documentation would constitute an undue hardship, if the
applicant can provide an alien registration number, you may file INS
Form G-845 and Supplement, along with the alien registration number and
a copy of any expired INS document presented, with the local INS office
to verify status. As with any documentation of immigration status, you
should confirm that the status information you receive back from INS
pertains to the applicant whose identity you have verified.
Receipt for Replacement Document: If an applicant presents a
receipt indicating that he or she has applied to the INS for a
replacement document for one of the documents identified above, file
INS Form G-845 and Supplement, along with a copy of the receipt and a
copy of any expired INS document presented, with the local INS office
to verify status. Upon return receipt of information from INS, confirm
that it pertains to the applicant whose identify you have verified. You
should ask to see the replacement document at a later date.
Applicants with Disabilities and Nondiscrimination: If an applicant
has a disability that limits the applicant's ability to provide the
required evidence of immigration status (e.g., mental retardation,
amnesia, or other cognitive or mental impairment), you should make
every effort to assist the individual to obtain the required evidence.
In addition, you should not discriminate against applicants on the
basis of race, national origin, gender, religion, age or disability.
See Nondiscrimination Advisory, Attachment 2 to Interim Guidance.
Local INS Offices: A list of local INS offices and their addresses
is set forth in Attachment 1 to the Interim Guidance. Attachment 1 also
includes a copy of INS Form G-845 and the Supplement thereto to be used
to verify immigration status pursuant to the Guidance.
EXHIBIT A TO ATTACHMENT 6--SSA GUIDANCE ON CERTIFICATION OF 40
QUALIFYING QUARTERS
Section 402 of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (``the Act'') generally limits the
eligibility of legal immigrants for certain federal public benefits,
but sections 402(a)(2)(B) and (b)(2)(B) provide an exception for
aliens lawfully admitted for permanent residence who have worked or
can be credited with 40 quarters of qualified work. The law provides
that the worker's own quarters and quarters worked by a parent while
the alien was under age 18 or by a spouse during the marriage if the
alien remains married to the spouse or the marriage ended by the
death of the spouse may also be credited to the individual in
determining the number of qualifying quarters.
Implementing this requirement will be challenging for the
individual immigrants, program administrators, and the Social
Security Administration (``SSA''), which is the primary source of
qualifying quarters information. SSA has developed an automated
system to provide, on an overnight basis, information on qualifying
quarters for work covered under the Social Security Act and certain,
but not all, work
[[Page 61413]]
not covered under the Social Security Act. Verification of quarters
of coverage for most applicants and current recipients will be
accomplished primarily through this automated system.
SSA's automated system is being revised to include additional
available information on qualifying quarters from noncovered work.
The following interim procedures for determining whether the 40
quarters of qualified work exception is met should be followed until
you have access to the SSA automated system. This interim process
authorizes certification of eligibility pending verification through
the automated system. (This guidance does not supersede program
requirements; programs should refer to statutes, regulations, and
agency guidance governing certification of eligibility.)
Under these interim procedures, the individual's attestation to
40 quarters is sufficient provided the immigrant, alone or in
combination with his parents and/or spouse, has spent sufficient
time in this country to have acquired 40 quarters of qualified work.
The individual need only state that he or she, alone or in
combination with his or her parents and/or spouse, has met the work
requirement. No further documentation of earnings is required at
application. These interim procedures should be used when the legal
immigrant does not qualify under other exemptions of the Act (e.g.,
refugees, asylees, or deportees with five years of limited
eligibility, or applicants with a claim to eligibility based on
military service).
Although the automated system is now available, each state must
approve an addendum to the current Computer Matching and Privacy
Protection Act agreement they maintain with SSA before access to the
system can be approved. When you sign the agreement, SSA will
provide further guidance defining covered/noncovered qualifying
quarters, how to use the system when making determinations, and how
to resolve problems arising from discrepancies.
After the agreement addendum is signed and access to the system
approved, you should contact SSA to schedule a quarters of coverage
verification for each individual you conclude has met the 40
quarters exemption using these interim instructions. SSA will report
back a qualifying quarters of coverage history for each individual
and applicable family member requested. SSA will provide additional
guidance and the name of the contact for scheduling verification.
Interim Procedures
To determine eligibility based on 40 qualifying quarters, the
State agency/benefit provider should ascertain the applicant's
understanding as to the following:
1. How many years has the applicant, the applicant's spouse
(during their marriage if they are still married or the marriage
ended by the death of the spouse), or the applicant's parents
(before the applicant turned 18) lived and/or worked in this
country.
(If the answer to 1 is a total of less than 10 years, the
applicant cannot meet the 40 qualifying quarter requirement. Stop at
this point.)
(If the total equals 10 years or the applicant alleges they
commuted to work in the U.S., then proceed to question 2.)
2. In how many of the years reported in answer to question 1,
did the applicant, the applicant's spouse, or the applicant's parent
earn money through work.
(If the state agency/benefit provider or the applicant needs
further information about what constitutes a ``quarter of coverage''
in those years, they may wish to refer to the attached chart.)
Verify, from INS documents, the date of entry into the country
of the applicant, spouse and/or parent. If the dates are consistent
with having 10 or more years of work, no further documentation is
required at this time; the state agency/benefit provider should
conclude that the immigrant meets the 40 qualifying quarters of work
exception pending verification from SSA. Inform the applicant
(subject to each program's requirements and due process
considerations) that he/she may have to repay any benefits to which
he/she is not found to be entitled after verification. Keep a record
of each individual certified pending verification from SSA.
If the dates of entry are inconsistent with having 10 or more
years of work, deny benefits and notify the applicant of his/her
right to appeal the denial of benefits.
The applicant shall also provide, for purposes of future
verification, the full name, social security number, date of birth,
and sex of each individual (self, parent or spouse) whose work
history is relevant to the determination of eligibility. In
addition, obtain a release form signed by each such individual (copy
attached) giving SSA permission to release information concerning
that individual's entire quarters of coverage history to the state
agency/benefit provider and/or the applicant. This form shall be
retained in the case file to document the individual's consent.
As noted earlier, these are temporary instructions and you
should schedule verification of all cases processed under these
guidelines with SSA. In its response, SSA will provide available
information about qualifying quarters of work. Consult the SSA
guidelines for using the system if the immigrant believes the
information from SSA is inaccurate or incomplete. If SSA action is
required, SSA will give the individual a document indicating that
the number of quarters is under review. Refer to the requirements of
your program to determine whether an immigrant may receive benefits
during the period of SSA's review.
Establishing Qualifying Quarters
The term ``quarter'' means the three calendar month period
ending on March 31, June 30, September 30, or December 31 of any
year.
Social Security credits called ``quarters of coverage''
(``QCs'') are earned by working at a job or as a self-employed
individual. Each earner can be credited with a maximum of four
quarters each year.
For 1978 and later, credits are based solely on the total yearly
amount of earnings. All types of earnings follow this rule. The
number of creditable QCs are obtained by dividing the individual's
total yearly earned income by the increment amount for the year up
to a yearly maximum of four. The amount of earnings needed to earn a
credit increases and is different for each year. For 1978 through
1997, the amount of earnings needed for each credit is:
1978...............................................................$250
1979...............................................................$260
1980...............................................................$290
1981...............................................................$310
1982...............................................................$340
1983...............................................................$370
1984...............................................................$390
1985...............................................................$410
1986...............................................................$440
1987...............................................................$460
1988...............................................................$470
1989...............................................................$500
1990...............................................................$520
1991...............................................................$540
1992...............................................................$570
1993...............................................................$590
1994...............................................................$620
1995...............................................................$630
1996...............................................................$640
1997...............................................................$670
A current year quarter may be included in the 40 quarter
computation. Use the yearly amount shown in the chart as the divisor
to determine the number of quarters available up to a yearly maximum
of four. FOLLOW YOUR AGENCY GUIDELINES REGARDING COUNTING A QUARTER
THAT HAS NOT ENDED.
If you need to use quarters before 1978:
A credit was earned for each calendar quarter in which
an individual was paid $50 or more in wages (including agricultural
wages for 1951-1954);
Four credits were earned for each taxable year in which
an individual's net earnings from self-employment were $400 or more;
and/or
A credit was earned for each $100 (limit to a total of
four) of agricultural wages paid during the year for years 1955
through 1977.
QUALIFYING QUARTER FROM NONCOVERED EARNINGS WILL ALSO BE
DETERMINED USING THE ABOVE GUIDELINES.
EXHIBIT B TO ATTACHMENT 6--DOD GUIDANCE ON IMPLEMENTATION OF VETERAN
AND ACTIVE DUTY EXCEPTION
This fact sheet provides guidance for implementing certain
sections of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (``the Act'') concerning exemptions for
active duty service members and veterans and their family members.
The Act limits the eligibility of certain aliens to receive public
benefits. Under various provisions of the Act, a qualified alien who
is lawfully residing in a state and is (1) a veteran (per 38 U.S.C.
101(2), 107, 1101, or 1301) with an Honorable Discharge (not on
account of alienage) and who fulfills the minimum active-duty
service requirements of 38 U.S.C. 5303A(d); (2) on active duty
(other than active duty for training) in the United States Armed
Forces; or (3) a spouse, unmarried dependent child, or unremarried
surviving spouse of such an individual, is eligible for particular
programs.
[[Page 61414]]
Honorably Discharged Veterans
A discharge certificate, DD Form 214 or equivalent,
that shows active duty in the Army, Navy, Air Force, Marine Corps,
or Coast Guard and character of discharge ``Honorable'' is
acceptable to qualify for the veteran exemption without further
inquiry, unless the certificate appears to have been altered or is
otherwise irregular. A discharge certificate that shows character of
discharge as anything but ``Honorable'' is not acceptable for
purposes of this exemption and need not be referred to the VA.
(Note: A character of discharge ``Under Honorable Conditions'' is
NOT an ``Honorable'' discharge for these purposes.) A discharge
certificate that shows ``Honorable'' and any other branch of service
or any other type of duty (e.g., ``Active Duty for Training,''
``Inactive Duty for Training,'' etc.) should be referred to the
local VA regional office for determination as to veteran status.
If veteran status is claimed but the individual has no
papers showing service or discharge, refer the inquiry to the local
VA regional office to determine veteran status.
If a discharge certificate, DD Form 214 or equivalent,
shows an original enlistment in the Army, Navy, Air Force, Coast
Guard, or Maine Corps before September 7, 1980, there is no minimum
active-duty service requirement. If a discharge certificate, DD Form
214 or equivalent, shows two or more years of continuous active duty
in the Army, Navy, Air Force, Coast Guard, or Marine Corps, the
individual meets the minimum active-duty service requirement. If
such a discharge certificate is not available, or if it shows
active-duty service of less than two years with an original
enlistment after September 7, 1980, refer the inquiry to the local
VA regional office to determine satisfaction of the minimum active-
duty service requirement.
Applications for exemption based on status as a spouse,
unmarried dependent child, or unremarried surviving spouse of an
honorably discharged veteran require a determination of the
veteran's status and a determination that the applicant is a spouse
or child. Status of the veteran may be established by possession of
a discharge certificate showing an ``Honorable'' discharge. If the
applicant is not in possession of a discharge certificate, refer the
question of veteran status to the VA for a determination. The
determination as to whether the individual is a spouse or an
unmarried dependent child should be made based on your agency
guidance for marital and dependency status. VA will not make spousal
or dependency findings in these cases.
Applications for exception based on status as an
unremarried surviving spouse of a veteran or active-duty personnel
further require the following findings (set forth in 38 U.S.C.
1304), in addition to a determination that the surviving spouse has
not remarried:
--that the surviving spouse was married to the veteran or active-
duty personnel within fifteen years after the termination of the
period of service in which the injury or disease causing the death
of the veteran was incurred or aggravated;
--that the surviving spouse was married to the veteran or active-
duty personnel for one year or more; or
--that a child was born of the relationship between the surviving
spouse and the veteran or active-duty personnel, either during or
before the marriage.
Members on Active Duty
Active duty as a member of the Armed Forces means the
individual is on full time duty in the U.S. Army, Navy, Air Force,
Marine Corps, or Coast Guard. It does not include full-time National
Guard duty.
Service members on active duty shall establish their
status by presenting a current Military Identification Card (DD Form
2 (Active)) that lists an expiration date of more than one year from
the date of determination.
If the Military Identification Card is due to expire
within one year from the date of the determination, the service
member shall verify active duty by showing a copy of his or her
current military orders. If the service member is unable to furnish
a copy of his or her military orders, active duty may be verified
through the nearest RAPIDS (Real Time Automated Personnel
Identification System) (located at many military installations) or
by notifying the following office in writing (which can be
transmitted by facsimile): DEERS Support Office, ATTN: Research and
Analysis, 400 Gigling Road, Seaside, California 93955-6771, Fax
Number: (408) 655-8317.
Reserve Members (not on active duty for training)
Active duty for training is temporary full-time duty in
the Armed Forces performed by members of the Reserves, Army National
Guard, or Air National Guard for training purposes. Active duty for
training does not establish eligible status. However, a discharge
from active duty for training may establish veteran status and
should be referred to VA for a determination.
A Member of a Reserve Component shall establish status
by showing a current DD Form 2 (Reserve) [red] and military active
duty orders showing such person is on active duty, but not on active
duty for training. No other method for verifying this status is
currently available.
Spouse, Children, or Unremarried Surviving Spouse of Active Duty
Members or Veterans
Step 1. Establish that the individual is a spouse, dependent
child, or unremarried surviving spouse of an active duty member or
veteran.
The determination as to whether an individual is a
spouse of an active duty member or veteran should be made based on
your agency guidance. Possession of a current Military
Identification Card showing that the individual is married to a
veteran or active duty member may be considered as evidence of
marriage to the member.
The determination as to whether an individual is an
unremarried surviving spouse of an active-duty member or veteran
should be made based on agency guidance, in accordance with the
following requirements (set forth in 38 U.S.C. Sec. 1304), in
addition to a determination that the surviving spouse has not
remarried:
--the surviving spouse was married to the veteran or active-duty
personnel within fifteen years after the termination of the period
of service in which the injury or disease causing the death of the
veteran was incurred or aggravated;
--the surviving spouse was married to the veteran or active-duty
personnel for one year or more; or
--that a child was born of the relationship between the surviving
spouse and the veteran or active-duty personnel, either during or
before the marriage.
The determination as to whether an individual is an
unmarried legally adopted or biological dependent child of an
honorably discharged veteran or active duty member of the Armed
Forces should be made based on your agency guidance. Possession of a
Military Identification Card may be considered as evidence that a
child is dependent on the veteran or on the active duty member of
the Armed Forces for his or her support and is under the age of 18
or if a full time student, under age 22.
Step 2. Determine that the member is on active duty or is a
veteran.
A spouse or child in possession of a Military
Identification Card with an expiration date of more than one year
from the date of its presentation presumptively meets the active
duty requirement for his or her spouse or parent respectively.
If the Identification Card is due to expire within one
year, the spouse or child must provide a copy of the military orders
for his or her spouse or parent as applicable to establish the
active duty status of the service member. If married to a reserve
member or if an unmarried child of a reserve member, the orders must
show that the service member is on active duty and not on active
duty for training.
For dependents not possessing military orders but
possessing an Identification Card with an expiration date less than
one year from the date of presentation, active duty status can be
verified by contacting RAPIDS or the DEERS Support Office.
If a dependent child does not possess a Dependent
Military Identification Card, status may be ascertained through the
nearest RAPIDS station or by contacting the DEERS Office at the
address provided above.
A spouse or child showing a discharge certificate, DD
Form 214 or equivalent, that shows active duty in the Army, Navy,
Air Force, Marine Corps or Coast Guard and character of discharge
``Honorable'' is acceptable to establish the veteran status of his
or her spouse or parent respectively without further inquiry, unless
the certificate appears to be altered or irregular. If veteran
status is claimed, but the spouse or child does not have papers
showing service or discharge, refer the inquiring to the local VA
regional office for determination.
Attachment 7--Interim Guidance; Federal Means-Tested Public
Benefits
The Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (the ``Act'') provides that qualified aliens entering the
United States on or after August 22, 1996, are ineligible for
[[Page 61415]]
federal means-tested public benefits during the first five years they
are qualified aliens, unless they fall within a specific exception.
(With limited exceptions, non-qualified aliens are ineligible for such
benefits regardless of when they entered the United States.) All
qualified aliens are eligible for federal means-tested public benefits
after the expiration of such five-year period, unless the State in
which the alien seeks benefits has imposed additional restrictions on
eligibility.
The Department of Health and Human Services and the Social Security
Administration have interpreted the limitations on eligibility for
federal means-tested public benefits to apply only to mandatory
spending programs of the federal government in which eligibility for
benefits, or the amount of such benefits, or both, are determined on
the basis of income, resources, or financial need of the individual,
household, or family. See 62 FR 45,256 (August 26, 1997); 62 FR 45,284
(August 26, 1997). Under the HHS and SSA interpretations, TANF,
Medicaid, and SSI are federal means-tested public benefits that are not
otherwise exempted under the Act. You should consult with the
appropriate federal agency overseeing the benefit program you
administer to determine whether the program is a federal means-tested
public benefit program.
The eligibility of qualified aliens for federal means-tested public
benefits turns on whether they entered the U.S. before August 22, 1996,
the number of years since they obtained qualified alien status, their
particular immigration status, and the specific benefits they are
seeking.
1. Determine whether the qualified alien entered the United States
before August 22, 1996, by reviewing the documents evidencing his or
her immigration status or, if the documents do not indicate whether the
alien entered before August 22, 1996, by reviewing additional
documentation pursuant to guidance provided by the agency or department
overseeing your program. Further determine whether the qualified alien
obtained qualified alien status prior to August 22, 1996. See
Attachment 6 for a list of documents evidencing qualified alien status
and guidance on how to derive relevant dates from those documents. In
addition to the documents listed in Attachment 6, an alien who was in
the United States before August 22, 1996, in a nonimmigrant or other
lawful status, but who subsequently obtained qualified alien status,
may present INS Form I-94, which is stamped with the date of entry, to
demonstrate entry prior to August 22, 1996.
If the applicant entered the United States before August
22, 1996, and obtained qualified alien status before that date, he or
she is eligible for all federal means-tested public benefits for which
he or she satisfies all programmatic eligibility requirements. You
should not engage in any further verification of immigration status for
these persons.
If the applicant entered the United States before August
22, 1996, but obtained qualified alien status after that date, you must
verify that the alien was continuously present in the United States
from the latest date of entry prior to August 22, 1996, until the date
he or she obtained qualified alien status. In general, any single
absence from the United States of more than 30 days, or a total of
aggregated absences of more than 90 days, should be considered to
interrupt ``continuous presence.'' To verify continuous presence, you
should follow guidance provided by the agency or department overseeing
your program, which may call for an applicant to present additional
documentation such as tax returns, bills, rent receipts, or a letter
from an employer. If the applicant can demonstrate continuous presence,
he or she is eligible for all federal means-tested public benefits for
which he or she satisfies all programmatic eligibility requirements.
If the applicant entered the United States before August
22, 1996, and obtained qualified alien status after that date but was
not continuously present in the United States from the latest date of
entry prior to August 22, 1996, until obtaining such status, determine
if he or she is eligible under Paragraphs 2 and 3 below.
If the applicant entered the United States on or after
August 22, 1996, and is a qualified alien, determine if he or she is
eligible under Paragraphs 2 and 3 below.
2. With certain exceptions listed below, an applicant who entered
the United States on or after August 22, 1996, and has attained
qualified alien status, or who entered the United States before August
22, 1996, and obtained qualified alien status after that date but did
not remain continuously present in the United States from the latest
date of entry prior to August 22, 1996, until obtaining such status, is
ineligible for all federal means-tested public benefits during the
first five years after he or she obtained qualified alien status. Thus,
unless the applicant falls within one of the excepted categories listed
below, such an applicant is only eligible for federal means-tested
public benefits for which he or she satisfies all programmatic
eligibility requirements if five years have passed from the date the
applicant attained qualified alien status. Determine the date on which
the applicant attained qualified alien status by reviewing the
documents evidencing his or her status or, if the documents do not
indicate the date he or she obtained such status, by filing INS Form G-
845 and Supplement along with a copy of the document with the local INS
office.
As noted above, the following categories of aliens are exempt from
this five-year ban:
a. Refugees, asylees and aliens whose deportation or removal has
been withheld--see Attachment 5 to Interim Guidance for definition and
documentation;
b. Qualified aliens lawfully residing in any state who are
honorably discharged veterans and who fulfill minimum active-duty
service requirements, or who are on non-training active duty in the
U.S. Armed Forces, or who are the spouse, unmarried dependent child, or
unmarried surviving spouse of such a veteran or active service member,
provided that, in the latter case, the marriage satisfies the
requirements of 38 U.S.C. 1304--see Attachment 6 and Exhibit B thereto
to Interim Guidance for definition and documentation;
c. Cuban/Haitian entrants, as defined in section 501(e) of the
Refugee Education Assistance Act of 1980;
d. Amerasian immigrants admitted to the U.S. pursuant to section
584 of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act of 1988; and
e. With respect to SSI and Medicaid benefits, American Indians born
in Canada and to whom the provisions of section 289 of the INA apply or
members of an Indian tribe (as defined in section 4(e) of the Indian
Self-Determination and Education Assistance Act).
3. Under the terms of the Act, the five-year ban does not apply to
the following benefits or assistance:
Medical assistance under Title XIX of the Social Security
Act (or any successor program to such Title) for care and services that
are necessary for the treatment of an emergency medical condition (as
defined in Sec. 1903(v)(3) of such Act) of the alien involved and are
not related to an organ transplant procedure, if the alien involved
otherwise meets the eligibility requirements for medical assistance
under the state plan approved under such Title (other than the
requirement of the receipt of aid or assistance under Title IV of such
Act, SSI benefits under
[[Page 61416]]
Title XVI of such Act, or a state supplementary payment);
Short-term, non-cash, in-kind emergency disaster relief;
Assistance or benefits under the National School Lunch
Act;
Assistance or benefits under the Child Nutrition Act of
1966;
Public health assistance (not including any assistance
under Title XIX of the Social Security Act) for immunizations with
respect to immunizable diseases and for testing and treatment of
symptoms of communicable diseases whether or not such symptoms are
caused by a communicable disease;
Payments for foster care and adoption assistance under
parts B and E of Title IV of the Social Security Act for a parent or
child who would, in the absence of the Act's prohibition on payment of
federal means-tested public benefits to qualified aliens during the
first five years after entry into the U.S. with qualified alien status,
be eligible to have such payments made on the child's behalf under such
part, but only if the foster or adoptive parent(s) of such child is a
qualified alien;
Benefits covered by Attorney General Order No. 2049, 61
F.R. 45985 (Aug. 30, 1996), re: government-funded community programs,
services or assistance that are necessary for protection of life or
safety;
Programs of student assistance under Titles IV, V, IX, and
X of the Higher Education Act of 1965, and Titles III, VII, and VIII of
the Public Health Service Act;
Means-tested programs under the Elementary and Secondary
Education Act of 1965;
Benefits under the Head Start Act; and
Benefits under the Job Training Partnership Act.
[FR Doc. 97-29851 Filed 11-14-97; 8:45 am]
BILLING CODE 4410-10-M