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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

Asylee

Refugee

Alien Paroled Into the U.S. for a Least One Year

Alien Whose Deportation or Removal Was Withheld

Alien Granted Conditional Entry

Cuban/Haitian Entrant

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.

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.

    1. 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;
    2. 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;
    3. 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 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:

  1. 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);
  2. 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);
  3. 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);
  4. 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:
    1. 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.)

    2. 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;
    3. INS Form I-551 with COA code Z13 may demonstrate approval of a petition under paragraph (e) above; if an alien claiming approved status presentsa 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;
    4. 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 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).

    5. 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.

    6. 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.

    1. INS Form I-797 indicating that the applicant has established a prima facie case; or
    2. 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:
    1. 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.
    2. 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):

    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):

    You should inform the applicant that, if the applicant or the applicant's child has been battered or subjected to extreme crueltyin 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:

    1. 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.

    2. 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:

      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).

    3. 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 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.

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

  1. Battered Aliens

    Section 421 of the Act (as amended by the Immigration Act and the Budget Act) requiresthat, 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,
      1. 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:
      1. 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:
      1. 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.

  2. 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.

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
BILLING CODE 4410-10-C

Executive Office for Immigration Review--Immigration Courts
State/City/App. Code Judges Administrator Court Phone Nos.
ARIZONA
Eloy--85231, 1705 E. Hanna Rd.,Suite 366, App. Code-- 7D05030234.
William Lee Abbott,Isabel A. Bronzina, Dean A. Levay, Sean Keenan John A. Meehan (520) 466-3671,
(520) 466-7795 (fax)
Florence--85232, 3260 N. Pinal Parkway Ave., App. Code-- 7D05030229. Lamonte S. Freerks, Scott Jefferies. Jack B. Odom (520) 868-3341,
(520) 868-4962 (fax)
Phoenix--85025, Federal Building, Room 3114, 230 N.First Avenue, App. Code--7D05030226. John W. Richardson, John T. Zastrow Jack B. Odom (602) 514-7356,
(602) 514-7387(fax)
CALIFORNIA
Imperial--92251, 2409 La Brucherie Road, App. Code--7D05030222
Michael H. Bennett, Dennis R. James, Richard N. Knuck, Jack W. Staton, Jack H. Weil M. Graciela Sosa (619) 355-0070,
(619) 355-8692 (fax)
Los Angeles--90012, 300 N. Los Angeles St., Room 2001, App. Code--7A05030223, Mailing Address: P.O. Box 53711, Los Angeles, CA 90053-0711 Roy J. Daniel, Bruce Einhorn, Thomas Y.K.Fong, Harry L.Gastley, Gilbert T.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 J. Evelyn Diaz Brown (213) 894-2811,
(213) 894-5196 (fax)
Los Angeles--90012, Roybal Federal Office Building and Courthouse, 255 E. Temple Street, Rm. 577, App. Code-- 7D05030223.     (213) 894-5159,
(213) 894-2632 (fax)
San Diego--92101-7904, 401 West A Street, Suite 800, App. Code--7D05030225 Anthony Atenaide, Kenneth A. Bagley, Robert J. Barrett, Richard J.Bartolomei,Jr., Gaylyn Boone, C. Zsa Zsa De Paolo, Ignacio Fernandez Valdes, Joseph Ragusa, John C. Williams Brent L. Perkins (619) 557-6052,
(619) 557-6405 (fax)
San Diego--92188, 880 Front Street, Room 800, App. Code--7D05030225     (619) 557-7647,
(619) 557-7655 (fax)
San Francisco--94108, 550 Kearny Street, Suite 800, App. Code--7D05030224, Mailing Address: P.O. Box 2326, San Francisco, CA 94126-2326 Lawrence N. DiCostanzo, Alberto E. Gonzalez, Bernard J. Hornbach, Dana Marks Keener, Carol A. King, Tue Phan Quang, Beverly M. Phillips, Mimi Y. Schooley, Brian H. Simpson, Bette K. Stockton, Polly A. Webber Stephen P. Perkins (415) 705-4415,
(415) 705-4418 (fax)
San Pedro-90731, INS San Pedro Service Proc. Center, 2001 Seaside Avenue, Room 136, App. Code--7D05030233 Rose Collantes Peters, D.D. Sitgraves Evelyn Diaz Brown (310) 732-0753,
(310) 732-0757(fax)
COLORADO
Denver--80294, Byron G. Rogers Fed. Building, 1961 Stout Street, Room 1403, App. Code--7D05030220
David J. Cordova,P. Vandello James Alec Revelle (303) 844-5815,
(303) 844-4578 (fax)
Aurora--80010, Wackenhut Security, Inc., 11901 E. 30th Avenue, App. Code--7D05030220 David J. Cordova, P. Vandello James Alec Revelle (303) 361-0488,
(303) 361-0688 (fax)
CONNECTICUT
Hartford-06103, AA Ribicoff Building and Courthouse, 459 Main Street, Room 509, App. Code--7D05030277
Harriet B. Marple Sandra V. Majia (acting) (860) 240-3919,
(860) 240-3921 (fax)
FLORIDA
Bradenton--4205, 515 11th Street, West, Building A, Room 300, App. Code--7D05030244
R. Kevin McHugh George A. Spreyne (941) 749-1044,
(941) 749-0992 (fax)
Miami--33130, 155 S. Miami Ave., Room 800, App. Code--7D05030217 Teofilo Chapa, J. Daniel Dowell, Rex J. 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 Michael T. Ringstad (305) 530-6455,
(305) 530-7001 (fax)
Miami Federal Building, 51 S.W. First Ave., Room 224, Miami, FL 33130 Suzan C. Brauwerman Seymour R. Kleinfeld, Roberto Moreno, William K. Zimmer   (305) 530-6451,
No fax
Miami--33194, Krome North Processing Center, 18201 S.W. 12th Street, App. Code-- 7D05030231 Neal S. Foster, Kenneth S. Hurewitz George A. Spreyne (305) 530-7196,
(305) 530-7040 (fax)
GEORGIA
Atlanta--30303, 101 Marietta Street, Suite 2702, App. Code-- 7D05030228
William A. Cassidy, G. Mackenzie Rast. John J. Topp (404) 331-7647,
(404) 331-4555 (fax)
ILLINOIS
Chicago--60605-1521, Federal Building, Room 646, 536 S. Clark Street, App. Code--7D05030218
O. John Brahos, Carlos Cuevas, James R. Fujimoto, Anthony D.Petrone, Jr., Renetta Smith, Robert D. Vinikoor, Craig M. Zerbe Peter P. Pauli, IV (312) 353-7313,
(312) 353-9894 (fax)
LOUISIANA
New Orleans--70130, One Canal Place, 365 Canal Street, Suite 2450
Jeffrey Zlatow Lizbeth L. Wilson (504) 589-3992,
(504) 589-3990 (fax)
Oakdale--71463, 1900 E. Whatley Road, App. Code--7D05030230. Mailing Address: P.O. Box 750, Oakdale, LA 71463 John A. Duck, Jr., Charles A. Wiegand, III Lizbeth L. Wilson (318) 335-0365,
(318) 335-3187 (fax)
MARYLAND
Baltimore--21202, U.S. Appraisers Building, 103 S. Gay Street, Room 702, App. Code-- 7D05030201
Bruce M. Barrett, Lisa Dornell, John F. Gossart, Jr., William P. Greene, Jr. Brenda L. Cook (410) 962-3092,
(410) 962-9021 (fax)
MASSACHUSETTS
Boston--02203, JFK Federal Building, 15 New Sudbury St., Room 320, App. Code--7D05030202
Billino W. D'Ambrosio, Eliza C. Klein, Thomas M. Ragno, Leonard I. Shapiro, Patricia M.B. Sheppard Sandra V. Mejia (acting) (617) 565-3080,
(617) 565-4495 (fax)
MICHIGAN
Detroit--48207, Brewery Park II, 1155 Brewery Park Blvd., Suite 450, App. Code--7D05030219
Elizabeth Hacker Sandra Roberts (313) 226-2603,
(313) 226-3053 (fax)
NEVADA
Las Vegas--79101, Alan Bible Federal Building, 600 Las Vegas Blvd. South, Room 410, App. Code--7A05030240
Irene Weiss Jack B. Odom (702) 388-5837,
(702) 388-5844 (fax)
NEW JERSEY
Elizabeth--625 Evans St., Rm. 148A, App. Code--7D05030236
Esmeralda Cabrera Fletcher Graves (201) 693-4113,
(201) 645-4121 (fax)
Newark--07102, 970 Broad Street, Room 1135, App. Code-- 7D05030204 Henry S. Dogin, Annie Sue Garcy, Nicole Yae Kyoung Kim, Daniel A. Meisner, Eugene Pugliese, Alberto Riefkohl, William Strasser Star B. Pacitto (201) 645-3524,
(201) 645-3432 (fax)
NEW YORK
Buffalo--14202, 130 Delaware Ave., Suite 410 App. Code-- 7D05030203
Walter A. Durling, Jr., Michaelangelo Rocco. Gary M. Somerville (716) 551-3442,
(716) 551-3452 (fax)
Fishkill--12524, c/o Downstate Correctional Facility, Red Schoolhouse Road, App. Code-- 7D05030206 Mitchell Levinksky Thomas J. Bonita, III. (914) 831-3657,
(914) 831-5452 (fax)
Napanoch--12458, Ulster Correctional Facility, Berne Road, App. Code--7D05030235 Joe D. Miller Thomas J. Bonita, III. (914) 647--5506,
(914) 647-5641 (fax)
New York--10278, 26 Federal Plaza, Room 10-1000, App. Code-- 7D5030205 Matthew T. Adrian, Terry A. Bain, Joanna 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 John D. Hannah, Jr. (212) 264,5958,
(202) 264-1070 (fax)
New York--10014, 201 Varick Street, Room 1140, App. Code-- 7D05030232 Donn L. Livingston, Alan L. Page, Alan A. Vomacka Thomas J. Bonita, III (212) 620-6279,
(212) 620-6357 (fax)
PENNSYLVANIA
Philadelphia--19103, 1600 Callowhill Street, Suite 400, App. Code--7D05030207
Donald V. Ferlise, Craig DeBernardis R. Elliott Edwards (215) 656-7000,
(215) 656-7013 (fax)
York--17402, 3434 Concord Road, App. Code--7D05030209 William Van Wyke Brenda L. Cook (717) 755-7555,
(717) 757-0132 (fax)
PUERTO RICO
Guaynabo (San Juan)--00965, GSA Center, 651 Federal Drive, Suite 111-14, App. Code-- 7D05030208
Rafael B. Ortiz-Segura George A. Spreyne (787) 749-4386,
(787) 749-4393 (fax)
TEXAS
Dallas--75202, 1200 Main Street, Suite 700, App. Code-- 7D05030211
Edwin R. Hughes, D. Anthony Rogers, Cary Copeland Barbara T. Baker (214) 767-1814,
(214) 767-6410 (fax)
El Paso--79925, 1545 Hawkins Boulevard, Suite 205, App. Code--7D05030212 Gary D. Burkholder, Penny M. Smith, Bertha A. Zuniga Theresa N. Baeza (915) 540-1910,
(915) 540-1922 (fax)
El Paso--79925, El Paso Service Processing Center, 8915 Montana Avenue, App. Code--7D05030212 Visiting IJ Theresa N. Baeza (915) 540-7854,
No fax.
Harlingen--78550, 201 E. Jackson Street, App. Code--7D05030213 Howard E. Achtsam, David Ayala, Margaret D. Burkhart, M. Edwin Prudhomme Celeste Garza (210)427-8580,
(210) 427-8905 (fax)
Los Fresnos--78566, Port Isabel Processing Center, Route 3, Box 341, Building 37, App. Code-- 7D05030213. Mailing Address: 201 E. Jackson St., Harlingen, TX 78550 Visiting IJ Celeste Garza (210) 233-4467,
(210) 233-5318 (fax)
Houston--77004, 2320 La Branch Street, Room 2235, App. Code-- 7D05030214 Robert Brown, Clarease M. Rankin, Michael K. Suarez, Joseph Vail Dina P. Sherman (713) 718-3870,
(713) 718-3879 (fax)
Houston--77032, Houston Service Processing Center, 15850 Export Plaza Drive, App. Code-- 7D05030214 Susan L. Yarbrough Dina P. Sherman (713) 987-0290,
(713) 987-3142 (fax)
Huntsville--77340, Goree INS Facility, 30000A Highway 75 South, App. Code--7D05030232. Mailing Address: P.O. Box 1538, Huntsville, TX 77342-1538 Jimmie L. Benton Dina P. Sherman (409) 295-1353,
(409) 295-6510 (fax)
Laredo--78041, 4702 E. Saunders, App. Code--7D05030215. Mailing Address: Laredo Service Processing Center, P.O. Box 440110, Laredo, TX 78044-0110 Visiting IJ J. Thomas Davis (210) 727-4772,
(210) 726-2320 (fax)
San Antonio-78205-2040, 615 E. Houston Street, Room 598, App. Code-7D05030215 Richard F. Brodsky, Susan E. Conley- Castro, Glenn P. McPhaul J. Thomas Davis (210) 472-6637,
(210) 472-4282 (fax)
VIRGINIA
Arlington-22203, 901 N. Stuart St., Suite 1300, App. Code- 7D05030210
John M. Bryant, Joan V. Churchill, Christopher M. Grant, Wayne R. Iskra, Paul A. Nejelski Beverly Swihart Holmes (703) 235-2307,
(703) 235-2372 (fax)
WASHINGTON
Seattle-98104, Key Tower Building, 1000 Second Avenue, Suite 2500, App. Code- 7D05030221
Anna Ho, Kenneth Josephson, Kendall B. Warrem Joseph Neifert (206) 553-5953,
(206) 553-0622 (fax)
Seattle-98134, Seattle Det. Center, c/o U.S. INS, 815 Airport Way, App. Code- 7D05030221 Anna Ho, Kenneth Josephson, Kendall B. Warren Joseph Neifert call Seattle office: (206) 553-5953,
(206) 553-0622 (fax)

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.

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.

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.

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.

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, NY. U NYS
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
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

Attachments

Attachment 1- Local INS Office Addresses

Attachment 2 - Nondiscrimination Advisory

Attachment 3 - Federal Public Benefits

Attachment 4 - Interim Guidance Documentary Evidence of Status as a U.S. Non-Citizen National

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

Attachment 7 - Interim Guidance; Federal Means-Tested Public Benefits