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Status and Documentation Requirements for the ORR Refugee Resettlement Program

Published: October 2, 2015

Purpose

In order to access refugee resettlement program benefits, individuals must provide acceptable documentation of one of the statuses eligible for Office of Refugee Resettlement benefits and services.  The links below include documents that provide proof of these statuses. These documents may or may not provide proof of identity, nationality or entry date.

This guidance outlines: (1) the statuses and documents that confer eligibility for Refugee Resettlement Program benefits; (2) the documentation that is needed to prove an individual is eligible; and (3) a suggested process for making eligibility determinations.

Along with confirming status, eligibility determinations must include confirmation of identity, the date that an individual initially became eligible for benefits (i.e., "entry" date) and, in cases involving Cuban and Haitian entrants and Iraqi and Afghan Special Immigrants, nationality. More than one piece of documentation may be needed to make all of these determinations.1 This guidance only discusses status documentation.2

Contents

Documentation requirements by population

Limitations

ORR has attempted to gather a comprehensive list of documents that shows statuses conferring eligibility for ORR programs. However, DHS produces a variety of documents, some of which may be useful in a status determination but which, for a number of reasons, may not have been included in this Guide. Moreover, due to the complexity of certain categorical definitions, documentation alone may not definitively confirm eligibility in some cases. Noting these difficulties, ORR asks agencies to follow the process suggested above. If an agency has concerns or questions at any point during the process, please contact Thomas Pabst at 202.401.5398 or Thomas.Pabst@acf.hhs.gov.

Proposed Rule

In August 1998, the Attorney General published a proposed rule, Verification of Eligibility for Public Benefits, 63 FR 41662, and ("Proposed Rule"). The Proposed Rule is not in force.  Agencies should follow the guidance in this Guide unless a final rule is issued by the Department of Homeland Security.

Process

ORR asks agencies to use the following process when determining eligibility for Refugee Resettlement Program benefits.

  1. Eligibility workers should ask the applicant for a written declaration, under penalty of perjury, that he or she has an immigration status that makes him or her eligible for Refugee Resettlement Program benefits.
  2. Eligibility workers should review documentation of immigration status as outlined in charts included with this Guide.
  3. If status is supported by documents, eligibility workers may conclude that the applicant has a qualified status and continue with other eligibility verifications, such as verification of entry date and specific program requirements.
  4. If unable to confirm status after checking documentation, which suggests eligibility, agencies should provide benefits while using other methods to verify status. Agencies, if connected with the U.S. Department of Homeland Security (DHS) Systematic Alien Verification for Entitlements (SAVE) system should follow standard SAVE procedures. If not connected to the SAVE system, agencies may verify an applicant’s status by mailing a U.S. Citizenship and Immigration Services (USCIS) Form G-845, Document Verification Request, with photocopies (front and back) of the applicant’s immigration document(s) to a designated Status Verification Operations Office.  In either case, the agency must have executed a Memorandum of Agreement with the SAVE Program. To learn more about SAVE or register for the program, agencies can visit www.uscis.gov/SAVE. In some cases, which are mentioned below, agencies may call the U.S. Department of Justice’s Executive Office for Immigration Review (EOIR) Automated Case Information Hotline at 800.898.7180.
  5. If an agency follows the above procedures but remains uncertain about an applicant's status, please email or call Thomas Pabst, ORR Immigration Specialist, at 202.401.5398.

Status Requirements

Individuals with the following statuses are eligible for Refugee Resettlement Program benefits (See 45 CFR § 400.43(a) (1)-(6) or statutory provisions cited below):

  1. Individuals paroled as refugees or asylees under § 212(d)(5) of the Immigration and Nationality Act (INA)
  2. Refugees admitted under § 207 of the INA
  3. Asylees whose status was granted under § 208 of the INA
  4. Cuban and Haitian entrants, in accordance with the requirements in 45 CFR § 401.23
    a. Any individual granted parole status as a Cuban/Haitian Entrant (Status Pending) or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided
    b. A national of Cuba or Haiti who was paroled into the United States and has not acquired any other status under the INA and with respect to whom a final, non-appealable, and legally enforceable order of removal, deportation or exclusion has not been entered
    c. A national of Cuba or Haiti who is the subject of removal, deportation or exclusion proceedings under the INA and with respect to whom a final, non-appealable, and legally enforceable order of removal, deportation or exclusion has not been entered
    d. A national of Cuba or Haiti who has an application for asylum pending with DHS/USCIS or Department of Justice (DOJ)/EOIR and with respect to whom a final, non-appealable, and legally enforceable order of removal, deportation or exclusion has not been entered
  5. Lawful permanent residents provided the individuals previously held one of the statuses identified above (Note that this does not refer to Amerasians who are admitted as lawful permanent residents, or to Iraqi and Afghan Special Immigrants. See #6 and # 7 below.)
  6. Certain Amerasians from Vietnam who are admitted to the United States as immigrants pursuant to § 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in § 101(e) of Public Law 100-202), as amended (8 U.S.C. § 1101 note).
  7. Iraqi and Afghan Special Immigrants per section 1244(g) of Div. A of Pub. L. 110-181, as amended (8 U.S.C. § 1157 note) and section 602(b) (8) of Div. F of Pub. L. 118-8, as amended (8 U.S.C. § 1101 note).
  8. Victims of a severe form of trafficking in persons per the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, as amended, 22 U.S.C. § 7105(b) (1) (A) and (C).

    In addition to unaccompanied minors in the above categories, the following are eligible for the ORR Unaccompanied Refugee Minors (URM) Program:
     
  9. Unaccompanied Minor with Special Immigrant Juvenile Status (SIJS) under 8 U.S.C. § 1101(a)(27)(J), who was in the custody of the Secretary of Health and Human Services at the time the dependency order was granted for such child or was receiving services pursuant to section 501(a) of the Refugee Education Assistance Act of 1980 (8 U.S.C. § 1522 note) at the time such dependency order was granted. 
  10. Unaccompanied Minor who has been granted U status per section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. § 1101(a)(15)(U)). 

Paroled as a Refugee or Asylee

Acceptable documents for individuals paroled as refugees or asylees under § 212(d)(5) of the INA4

Documents/Codes Comments
I-94 Arrival/departure record4 noting that the individual has been paroled as a refugee or asylee under §212(d)(5)5 To be eligible under this provision, the I-94 must note that the individual is a refugee or asylee
I-766 Employment Authorization Document with the code A04 None

 

Refugees

Acceptable documents for refugees admitted under § 207 of the INA

Documents/Codes Comments
I-94 Arrival/departure record noting that the individual has been admitted under §207 of the INA Notations may include references to employment authorization, indefinite status, and the requirement to obtain permission before leaving the United States6
RE-1 admission code on the I-94 Principal Refugee
RE-2 admission code on the I-94 Spouse of principal refugee
RE-3 admission code on the I-94 Child of principal refugee
RE-4 admission code on the I-94 Collateral relatives of principal refugee
RE-5 admission code on the I-94 Certain Haitian refugees
I-766 Employment Authorization Document with the code A03 None
DHS Form I-571 United States Refugee Travel Document7
I-730 Approval Letter The I-730 Approval Letter may be used as proof of refugee status for derivatives
Visa 93 (or V-93) on the I-94 Arrival/departure card May be accompanied by the words "section 207"; Individual is the spouse or minor child of a previously admitted refugee8

 

Asylees

Acceptable documents for asylees whose status was granted under §208 of the INA

Documents/Codes Comments
I-94 Arrival/departure record referencing §208 of the INA Notations may include references to employment authorization, indefinite status, and the requirement to obtain permission before leaving the United States9
AS-1 admission code on the I-94 Approved asylee principal
AS-2 admission code on the I-94 Approved spouse of an asylee principal
AS-3 admission code on the I-94 Approved child of an asylee principal
DHS Form I-571 United States Refugee Travel Document10
I-766 Employment Authorization Document with the code A05 None
Order of an Immigration Judge Granting Asylum under §208 of the INA An Order of an Immigration Judge will serve as proof of asylee status if DHS has waived the right to appeal the case. See Note 2 below for information about cases where DHS reserves the right to appeal11
Asylum Approval Letter from a USCIS Asylum Office Letter will note that the individual has been granted asylum pursuant to § 208 of the INA and may include information concerning date of asylum, refugee and asylee relative petition, work authorization, and the refugee travel document
Written decision from the Board of Immigration Appeals (BIA) None
I-730 Approval Letter The I-730 Approval Letter may be used as proof of asylee status for derivatives
Visa 92 (or V-92) on the I-94 Arrival/departure record May be accompanied by the words "section 208"; Individual is the spouse or minor child of a previously granted asylee12

 

Cuban and Haitian Entrants

Acceptable documents for Cuban and Haitian entrants, in accordance with the requirements in 45 CFR § 401.2

Any individual granted parole status as a Cuban/Haitian Entrant (Status Pending) or granted any other special status13 subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided

Documents/Codes Comments
An I-94 Arrival/departure record with a stamp showing parole at any time as a "Cuban/Haitian Entrant (Status Pending)" I-94 may refer to § 212(d)(5)13 14 15
CH6 adjustment code on the I-551 Even after a Cuban/Haitian Entrant (Status Pending) becomes a permanent resident, he/she is still considered to be a Cuban and Haitian entrant
An I-94 Arrival/departure record showing parole into the United States on or after April 21, 1980 (Cubans only) or on or after October 10, 1980 I-94 may refer to § 212(d)(5)13 14 15
A Cuban or Haitian passport with a §212(d)(5) stamp dated on or after October 10, 198013 14 15 None


A national of Cuba or Haiti who was paroled into the United States and has not acquired any other status under the INA and with respect to whom a final, non-appealable, and legally enforceable order of removal, deportation or exclusion16 has not been entered

Documents/Codes Comments
An I-94 Arrival/departure record showing parole into the United States I-94 may refer to §212(d)(5), humanitarian or public interest parole
17 18
I-766 Employment Authorization Document with the code A04 None
I-766 Employment Authorization Document with the code C11 None


A national of Cuba or Haiti who is the subject of removal, deportation or exclusion proceedings19 under the INA and with respect to whom a final, non-appealable, and legally enforceable order of removal, deportation or exclusion20 has not been entered

Documents/Codes Comments
DHS Form I-221 Order to Show Cause and Notice of Hearing
DHS Form I-862 Notice to Appear
DHS Form I-220A Order of Release on Recognizance
DHS Form I-122 Notice to Applicant Detained for a Hearing Before an Immigration Judge
DHS Form I-221S Order to Show Cause, Notice of Hearing and Warrant for Arrest
Copy of DHS Form I-589 date stamped by the Executive Office for Immigration Review (EOIR) Application for Asylum and Withholding of Removal; Individual is subject of removal, deportation or exclusion proceedings.
Copy of DHS Form I-485 date stamped by EOIR Application to Register Permanent Residence or to Adjust Status; Individual is subject of removal, exclusion or deportation proceedings.
EOIR-26 Notice of Appeal from a Decision of an Immigration Judge, date stamped by the Board of Immigration Appeals
I-766 Employment Authorization Document with the code C10 Application for suspension of deportation/cancellation of removal submitted to DHS or EOIR
Other applications for relief that have been date stamped by EOIR None
Other documentation pertaining to an applicant's removal, exclusion or deportation proceedings Example: a notice of a hearing date before an Immigration Judge or a case appeal filing receipt from the Board of Immigration Appeals

 

A national of Cuba or Haiti who has an application for asylum pending with the DHS/USCIS or with an EOIR Immigration Court or the Board of Immigration Appeals and with respect to whom a final, non-appealable, and legally enforceable order of removal, deportation or exclusion21 has not been entered.

Documents/Codes Comments
USCIS receipt for filing Form I-589 Application for Asylum and Withholding of Removal
I-766 Employment Authorization document with the code C08 None

 

Amerasians

Acceptable documents for certain Amerasians (see definition above)

Documents/Codes Comments
AM-1 admission code on the I-94 Amerasian born in Vietnam after Jan. 1, 1962 and before Jan. 1, 1976 who was fathered by a U.S. citizen
AM-2 admission code on the I-94 Spouse or child of Amerasian
AM-3 admission code on the I-94 Mother, guardian or next-of-kin of Amerasian
AM-6 adjustment code on Form I-551 Permanent Resident Card (or Resident Alien Card)  Amerasian (see above)
AM-7 adjustment code on Form I-551 Permanent Resident Card (or Resident Alien Card)  Spouse or child of Amerasian
AM-8 adjustment code on Form I-551 Permanent Resident Card (or Resident Alien Card)  Mother, guardian or next-of-kin of Amerasian
Vietnamese Exit Visa with codes AM-1, AM-2 or AM-3 "Laissez Passer"; may have temporary I-551 stamp
Vietnamese passport with codes AM-1, AM-2 or AM-3 May have temporary I-551 stamp
United States passport with codes AM-1, AM-2 or AM-3 None


Lawful Permanent Residents

Acceptable documents for lawful permanent residents who previously held one of the above identified statuses (Note that this does not refer to Amerasians or Iraqi and Afghan Special Immigrants, who are admitted as lawful permanent residents. See Amerasians  for all documents pertaining to that population.)

Form I-551 Permanent Resident Card (or Resident Alien Card) with the following codes: Comments
RE6 Adjusted Principal Refugee
RE7 Spouse of Principal Refugee
RE8 Child of Principal Refugee
RE9 Collateral Relatives of Principal Refugee
AS6 Adjusted Principal Asylee
AS7 Spouse of Principal Asylee
AS8 Child of Principal Asylee
CH6 Adjusted Cuban/Haitian Entrant (Status Pending)
HA6 Adjusted Cuban and Haitian Entrant (Haitian national who had applied for asylum)
HB6 Adjusted Cuban and Haitian Entrant (Haitian national who had been paroled)
GA6 Adjusted Iraqi asylee
GA7 Spouse of GA6
GA8 Child of GA6
ST6 Victim of a Severe Form of Trafficking
ST7 Spouse of a ST6
ST8 Child of a Victim of a ST6
ST0 Parent of a Victim of a ST6
ST9 Sibling of a Victim of a ST6

 

Foreign Passport with unexpired, temporary I-551 stamp and the following codes:

Comments
RE6 Adjusted Principal Refugee
RE7 Spouse of Principal Refugee
RE8 Child of Principal Refugee
RE9 Collateral Relatives of Principal Refugee
AS6 Adjusted Principal Asylee
AS7 Spouse of Principal Asylee
AS8 Child of Principal Asylee

 

Employment Authorization Documents Comments
Form I-766 Employment Authorization Document with the code A10
(This code only confirms eligibility for Cuban or Haitian nationals.)
Withholding of Deportation or Removal

 

Iraqi and Afghan Special Immigrants

Acceptable documents for Iraqi and Afghan Special Immigrants

Applicant Documentation
Principal Applicant Iraqi or Afghan Special Immigrant Iraqi or Afghan passport with an immigrant visa stamp noting that the individual has been classified under IV (Immigrant Visa) Category SI1 or SQ1

and DHS stamp or notation on passport or I-94 showing date of admission
Spouse of Principal Applicant Iraqi or Afghan Special Immigrant Iraqi or Afghan passport with an immigrant visa stamp noting that the individual has been classified under IV (Immigrant Visa) Category SI2 or SQ2

and DHS stamp or notation on passport or I-94 showing date of admission
Unmarried Child Under 21 Years of Age of Iraqi or Afghan Special Immigrant Iraqi or Afghan passport with an immigrant visa stamp noting that the individual has been classified under IV (Immigrant Visa) Category SI3 or SQ3

and DHS stamp or notation on passport or I-94 showing date of admission

Principal Applicant Iraqi or Afghan Special Immigrant
Principal Adjusting Status in the United States

DHS Form I-551 (“green card”)  with an IV (immigrant visa) code for category SI6 or SQ6

Spouse of Principal Applicant Iraqi or Afghan Special Immigrant
Principal Applicant Adjusting Status in the United States

DHS Form I-551 (“green card”)  with an IV (immigrant visa) code for  category SI7 or SQ7

Unmarried Child Under 21 Years of Age of Iraqi or Afghan Special Immigrant

Principal Applicant Adjusting Status in the United States

DHS Form I-551 (“green card”)  with an IV (“immigrant visa”) code for category SI9 or SQ9

 

Unaccompanied Refugee Minors

Acceptable Documents for the ORR Unaccompanied Refugee Minors (URM) Program 22

Applicant Documentation

Unaccompanied Minor who holds one of the following statuses:

Refugee, Asylee, Cuban/Haitian Entrant, Victim of Trafficking with an Eligibility Letter from OTIP, LPR who has held one of those statuses, Amerasian, Iraqi/Afghan Special Immigrant

See corresponding chart above for description of  documentation for status
Minor with Special Immigrant Juvenile Status (SIJS)

I-797 Notice of Action indicating SIJS status, i.e. evidence of approved I-360, or evidence of approved I-360 and approved I-485

or

Visa indicating SIJS status with SL class of admission code

or

I-551 indicating SIJS status with SL class of admission code

and

evidence that at the time a Dependency Order was issued, was either:
in the custody of the ORR Unaccompanied Children’s (UC) Program

or

receiving federal benefits or services as a Cuban/Haitian Entrant 23

Unaccompanied Minor who holds U status or U visa

I-797 Notice of Action indicating U status

U Visa

I-94 Arrival/departure record showing admission in U status 24

 

Victims of Human Trafficking

Acceptable Documents for Victims of a Severe Form of Trafficking in Persons

Applicant Documentation
Victim of a Severe Form of Trafficking in Persons

Certification Letter, Eligibility Letter, or Interim Assistance Letter from ACF Office On Trafficking in Persons (OTIP)25 26

Call the trafficking verification line at (866) 401-5510 to confirm the validity of the Certification Letter

Certification and Eligibility Letters do not expire

Family member of Victim of a Severe Form of Trafficking  in Persons:

Family member already in United States on date T status granted

Derivative T status:T-2, T-3, T-4, T-5 or T-6

The date of eligibility for benefits and services is the Notice Date on the I-797, Notice of Action of approval of that individual’s Derivative T status.

Persons with derivative T status do not receive and are not required to present a Certification Letter or Eligibility Letter to demonstrate eligibility for benefits and services

Family member of a Victim of a Severe Form of Trafficking:

Family Member enters the United States on the basis of a derivative T Visa

Derivative T visa: T-2, T-3, T-4 T-5 or T-6 visa

The date of entry for benefits and services is the date of admission  stamped on that individual’s passport or I-94 Arrival Record.

Persons with derivative T visas do not receive and are not required to present a Certification Letter or Eligibility Letter to demonstrate eligibility for benefits and services

 


Footnotes

1. This Guide will not discuss documentation that confirms identity or nationality.  With a few exceptions noted below, this Guide will not discuss the “entry date” of applicants for ORR benefits and services. The entry date is the beginning date of period of eligibility for ORR benefits and services.  The entry date will be the date of admission to the U.S. in qualifying status, date of grant of qualifying status, or date of the Certification or Eligibility Letter to a Victim of a Severe Form of Trafficking.

2. This Guide includes the operative information from previous ORR State Letters on Status and Documentation Requirements for the Refugee Resettlement Program.  Those previous ORR State Letters are listed here: Refugees, Asylees, Cuban/Haitian Entrants, and Amerasians: # 00-17, #09-24; Refugees: # 02-04; Asylees:  #00-12, # 00-15, # 00-22, #04-14; Cuban/Haitian Entrants: #01-22, #02-03, # 05-03, # 07-14, # 10-03 ; Iraqi and Afghan Special Immigrants: #08-04, # 08-06, #09-02, # 09-17, # 10-02; Victims of Trafficking: #01-13, #02-01, #04-12, #08-09, #10-05; Special Immigrant Juvenile Status (SIJS): # 10-11; U Status: # 14-01; All categories: # 00-23

3. Eligibility workers should determine the date on which the Cuban or Haitian first became a Cuban or Haitian Entrant.  For example, a Cuban presenting with evidence of a recent parole might have been granted parole previously.  In such a scenario, the date of grant of the initial parole and not the date of the subsequent parole is the entry date for eligibility for ORR benefits and services.  Or in a case where the Cuban or Haitian was initially paroled, then later placed in removal proceedings, the date of the initial parole and not the date of placement in removal proceedings is the entry date for eligibility for ORR benefits and services.

4.  In April 2013 U.S. Customs and Border Protection (CBP) automated the Form I-94 at airports and seaports.  Depending on the circumstances of issuance, a Form I-94 may be the traditional paper card or may be an electronic printout.  See 8 C.F.R. § 1.4.

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

6. In April 2013 U.S. Customs and Border Protection (CBP) automated the Form I-94 at airports and seaports.  Depending on the circumstances of issuance, a Form I-94 may be the traditional paper card or may be an electronic printout.  See 8 C.F.R. § 1.4.

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

8.The inscription "Visas 93” generally accompanied by the inscription "Section 207” indicates that the person is the spouse or minor child, under the age of 21, of someone previously admitted to the U.S. as a refugee. This spouse or child is considered a derivative refugee in his or her own right and is included in regional ceilings and ORR's refugee data system. As a derivative refugee, he or she is eligible for all assistance and services under the Refugee Resettlement Program. The date of the spouse or child’s eligibility for time-limited services begins when they enter the U.S. It is not linked to the principal's date of arrival.

9. In April 2013 U.S. Customs and Border Protection (CBP) automated the Form I-94 at airports and seaports.  Depending on the circumstances of issuance, a Form I-94 may be the traditional paper card or may be an electronic printout.  See 8 C.F.R. § 1.4.

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

11. If DHS has reserved its right to appeal, an Immigration Judge Order will not serve, on its own, as proof of asylee status. If an asylee brings an Immigration Judge Order that shows DHS has reserved its right to appeal, eligibility workers must wait 30 days from the date on the Immigration Judge Order. On or after the 31st day, the eligibility worker will need to call the Executive Office for Immigration Review (EOIR) Automated Case Information Hotline at (800) 898-7180 to find out whether the DHS has appealed the case. (The EOIR reports that it may take up to 5 days after the appeal deadline for the information to be relayed to the case status line.) If the DHS has appealed the case, the individual is not yet an asylee and is not eligible for benefits. If DHS has not appealed the case and 30 days have passed since the date on the immigration Judge Order, the individual is an asylee and is eligible for ORR assistance and services.

12. The inscription "Visa 92” generally accompanied by the inscription "section 208” indicates that the person is the spouse or minor child of someone who has been granted asylum. This spouse or child is considered an asylee in his or her own right and is included in ORR’s refugee data system. As an asylee, he or she is eligible for all assistance and services under the Refugee Resettlement Program. The    date of eligibility for time-limited services begins when the spouse or child enters the U.S., it is not linked to the principal's date of arrival.

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

In addition, certain Haitians have been granted Temporary Protected Status (TPS) since 2010.  TPS is not a “special status” for Cuban/Haitian Entrant purposes.  However, TPS beneficiaries may obtain an “advance parole” document to travel abroad.  If a Haitian TPS beneficiary has an I-94 or other entry document indicating that he or she was subsequently permitted to re-enter the United States in “parole” or the I-94 is marked “paroled/TPS,” then the parole entry may permit the individual to be a Cuban/Haitian Entrant.  If the document only indicates TPS and does not indicate “parole” in any manner, he or she may not be a Cuban/Haitian Entrant.  Please contact USCIS for verification of possible Cuban/Haitian Entrant status for Haitians with TPS who appear to have traveled abroad and returned to the United States. Provide USCIS with a copy of the documentation that the individual presents.

14. In April 2013 U.S. Customs and Border Protection (CBP) automated the Form I-94 at airports and seaports.  Depending on the circumstances of issuance, a Form I-94 may be the traditional paper card or may be an electronic printout.  See 8 C.F.R. § 1.4.

15.  Except for a Cuban or Haitian paroled for purposes of criminal prosecution or solely to testify as a witness.  See 8 C.F.R. § 212.5(h)(2).

16. The question of whether there is a final, non-appealable, legally enforceable order of removal, deportation or exclusion is essentially a legal determination that cannot simply be made by reviewing any of the listed documents. Moreover, it is not a decision that can be easily made by eligibility workers in the regular course of eligibility determinations. ORR suggests that in addition to reviewing the documentation described above, eligibility workers attempt to use other methods to uncover this information, such as calling the EOIR case status line at (800) 898-7180.  Agencies, if connected with the DHS SAVE system should follow standard SAVE procedures. If not connected to the SAVE system, agencies may verify an applicant’s status by mailing a U.S. Citizenship and Immigration Services (USCIS) Form G-845, Document Verification Request, with photocopies (front and back) of the applicant’s immigration document(s) to a designated Status Verification Operations Office.  In either case, the agency must have executed a Memorandum of Agreement with the SAVE Program. To learn more about SAVE or register for the program, agencies can visit www.uscis.gov/SAVE.

Note that these methods may not be definitive. If an applicant appears eligible from the available information, the agency should provide benefits while conducting further investigation. If, after reviewing documents and attempting to determine whether there is a final, non-appealable, legally enforceable order of removal, deportation or exclusion, an eligibility worker remains uncertain about an applicant's eligibility, please call Thomas Pabst at (202) 401-5398 or email at Thomas.Pabst@acf.hhs.gov

17.  As treatment of Cuban and Haitian entrants has developed, DHS officials, on occasion, may have used notations on the I-94s of Cuban and Haitian entrants that are not listed above. Eligibility workers may see various notations that convey parole. For example, eligibility workers, in the past, may have seen the notation, "EWI," which technically stands for "Entered Without Inspection" but was being used for individuals who were paroled. Please email or call Thomas Pabst, ORR Immigration Specialist, at (202) 401-5398 if you encounter unusual notations or if you are uncertain of the relevance of a particular notation.

18. In April 2013 U.S. Customs and Border Protection (CBP) automated the Form I-94 at airports and seaports.  Depending on the circumstances of issuance, a Form I-94 may be the traditional paper card or may be an electronic printout.  See 8 C.F.R. § 1.4.

19. Although the above documents show that proceedings have been initiated in a case, they cannot confirm that proceedings are continuing. In order to confirm that proceedings are continuing, eligibility workers will need to use other methods, such as calling the EOIR Automated Case Information Hotline at (800) 898-7180.  Agencies, if connected with the DHS SAVE system should follow standard SAVE procedures. If not connected to the SAVE system, agencies may verify an applicant’s status by mailing a U.S. Citizenship and Immigration Services (USCIS) Form G-845, Document Verification Request, with photocopies (front and back) of the applicant’s immigration document(s) to a designated Status Verification Operations Office.  In either case, the agency must have executed a Memorandum of Agreement with the SAVE Program. To learn more about SAVE or register for the program, agencies can visit www.uscis.gov/SAVE.

If an eligibility worker cannot determine whether proceedings are ongoing, please call Thomas Pabst at (202) 401-5398.

20. The question of whether there is a final, non-appealable, legally enforceable order of removal, deportation or exclusion is essentially a legal determination that cannot simply be made by reviewing any of the listed documents. Moreover, it is not a decision that can be easily made by eligibility workers in the regular course of eligibility determinations. ORR suggests that in addition to reviewing the documentation described above, eligibility workers attempt to use other methods to uncover this information, such as calling the EOIR Automated Case Information Hotline  at (800) 898-7180.  Agencies, if connected with the DHS SAVE system should follow standard SAVE procedures. If not connected to the SAVE system, agencies may verify an applicant’s status by mailing a U.S. Citizenship and Immigration Services (USCIS) Form G-845, Document Verification Request, with photocopies (front and back) of the applicant’s immigration document(s) to a designated Status Verification Operations Office.  In either case, the agency must have executed a Memorandum of Agreement with the SAVE Program. To learn more about SAVE or register for the program, agencies can visit www.uscis.gov/SAVE.
Note that these methods may not be definitive. If an applicant appears eligible from the available information, the agency should provide benefits while conducting further investigation. If, after reviewing documents and attempting to determine whether there is a final, non-appealable, legally enforceable order of removal, deportation or exclusion, an eligibility worker remains uncertain about an applicant's eligibility, please email or call Thomas Pabst, ORR Immigration Specialist, at (202) 401-5398.

21. The question of whether there is a final, non-appealable, legally enforceable order of removal, deportation or exclusion is essentially a legal determination that cannot simply be made by reviewing any of the listed documents. Moreover, it is not a decision that can be easily made by eligibility workers in the regular course of eligibility determinations. ORR suggests that in addition to reviewing the documentation described above, eligibility workers attempt to use other methods to uncover this information, such as calling the EOIR Automated Case Information Hotline at (800) 898-7180.  Agencies, if connected with the DHS SAVE system should follow standard SAVE procedures. If not connected to the SAVE system, agencies may verify an applicant’s status by mailing a U.S. Citizenship and Immigration Services (USCIS) Form G-845, Document Verification Request, with photocopies (front and back) of the applicant’s immigration document(s) to a designated Status Verification Operations Office.  In either case, the agency must have executed a Memorandum of Agreement with the SAVE Program. To learn more about SAVE or register for the program, agencies can visit www.uscis.gov/SAVE.

Note that these methods may not be definitive. If an applicant appears eligible from the available information, the agency should provide benefits while conducting further investigation. If, after reviewing documents and attempting to determine whether there is a final, non-appealable, legally enforceable order of removal, deportation or exclusion, an eligibility worker remains uncertain about an applicant's eligibility, please email or call Thomas Pabst, ORR Immigration Specialist, at (202) 401-5398.; All categories: # 00-23

22. Refugees identified by the Department of State overseas who are eligible for resettlement in the U.S., but do not have a parent or a relative available and committed to providing for their long term care; refugees in cases where they become unaccompanied while living in the United States because there has been a family breakdown (see “Status Requirements” above)

23. Special Immigrant Juveniles in accordance with the requirements in 8 U.S.C. § 1232(d)(4).

24. U Nonimmigrants as authorized by 8 U.S.C. § 1232(d)(4).

25. The individual's entry date for benefits purposes is the certification date, which appears in the body of the  Certification Letter,  Eligibility Letter, or Interim Assistance Letter.   Certification and Eligibility Letters do not have expiration dates.  An Eligibility Letter retains its validity when the child becomes an adult and there is no need to obtain a Certification Letter upon reaching adulthood.

26. If benefit-granting agencies encounter an individual who they believe may meet the definition of a victim of a severe form of trafficking in persons they should call the National Human Trafficking Resource Center (NHTRC) at (888) 373-7888 to refer them to a service provider.  If agencies encounter a child who they believe may meet the definition of a victim of a severe form of trafficking in persons, they should contact an OTIP Child Protection Specialist at (202) 205-4582 or email ChildTrafficking@acf.hhs.gov, or call the NHTRC.

Last Reviewed: February 12, 2019