PM 06-01-05-a

new textSee additional directions for verifying INS status at WAG 03-01-02-d.  

  1. For each person applying for or receiving RRP, verify INS status. Use any evidence, such as a form, letter, correspondence, or other document from INS, that shows INS status. File a copy of the evidence in the case record. The usual verification documents are:
    • Arrival-Departure Record (I-94)
      • For a refugee, the I-94 has a notation of Section 207 with the term "Refugee."
      • For an asylee, the I-94 has a notation of Section 208 with the term "Asylum."
      • For a Cuban or Haitian, the I-94 has "Cuban- Haitian Entrant (Status Pending)" with any date or shows parole into the U.S. on or after April 21, 1980.
      • An Amerasian has either an I-94 or Resident Alien card (I-551). The A-number for these persons begins with "A4".
    • For refugee or asylee status:
      • a document with a reference to Section 207 or 208 of the INA, Visa 92 or 93 (V-92 or V-93), or Admission Code AS-1, AS-2, AS-3, RE-1, RE-2, RE-3, RE-4, or RE-5;
      • Employment Authorization Document (I-688B or I-766) with provision of law 274a.12(a)(3), 274a.12(a)(4), or 274a.12(a)(5), or code A03, A04, or A05;
      • Refugee Travel Document (I-571);
      • Order of an Immigration Judge granting asylum under Section 208 of the INA;
      • Asylum Approval Letter from INS;
      • a written decision from the Board of Immigration Appeals; or
      • an Approval Letter (I-730).
    • For previous refugee or asylee status for a permanent resident, a Resident Alien card (I-151 or I-551) with code RE6, RE7, RE8, RE9, AS6, AS7, AS8, GA6, GA7, or GA8, or a foreign passport with an unexpired temporary I-551 stamp and one of those codes.
    • For Cuban-Haitian Entrant status:
      • I-94 stamped "Cuban-Haitian Entrant (Status Pending)" with any date or showing parole into the U.S. on or after April 21, 1980;
      • a Cuban or Haitian passport stamped Section 212(d)(5) and dated after October 10, 1980;
      • I-688B with provision of law 274a.12(a)(4)/(10) or 274a.12(c)(8)/(10)/(11);
      • I-766 with code A04, A10, C08, C10, or C11;
      • I-551 with adjustment code CH6, HA6, or HB6 (shows that a permanent resident was admitted as a Cuban-Haitian Entrant);
      • I-122, I-220A, I-221, I-221S, or I-862;
      • a copy of I-485 or I-589 date stamped by the Executive Office for Immigration Review (EOIR) or EOIR-26;
      • I-766 with code C10 or I-688B with provision of law 274a.12(c)(10);
      • other applications for relief date stamped by EOIR; or
      • other documents pertaining to removal, deportation, or exclusion proceedings.

      The date of parole is used as the date of entry into the United States. Eligibility begins the date the client's I-94 was issued by INS showing: 

      • the entrant or applicant for asylum has been granted parole, or
      • the entrant is in a voluntary departure status, or
      • the entrant's current residence in the United States is known to the INS.

        If the I-94 states the client is an applicant for asylum but also has been stamped "Cuban-Haitian Entrant (Status Pending)", approve the application if all other eligibility factors are met. 

    • An Amerasian from Vietnam and their close family members have either an I-94 or I-551 to verify their status as aliens admitted for permanent residence. The A-numbers for these persons begin with "A4". To qualify for RRP, one of the following identifying codes must appear as the "Class of Admission Code" on the person's I-94 or I-551:
      Category of Person I-94 Code I-551 Code
      Amerasian born in Vietnam between 01/01/62 & 01/01/76 AM1 AM6
      Spouse or child of AM1 or AM6 AM2 AM7
      Mother of unmarried AM1 or AM6 and spouse or child of such mother; or person who has acted as parent of AM1 or AM6 and such person's spouse or child AM3 AM8
    • A trafficking victim must have a letter from the federal Office of Refugee Resettlement (ORR) stating that pursuant to section 107(b) of the Trafficking Victims Protection Act of 2000, they are eligible for benefits to the same extent as a refugee.

      The letter for an adult is called a certification letter. The letter for a child under age 18 is very similar, but is not a "certification letter" because the child does not have to meet the same requirements as an adult to get the letter from ORR. Both letters contain an initial certification or eligibility date and an expiration date 8 months later. The person may be issued a new letter at the end of the 8 months if they still meet the ORR requirements.

  2. Verify INS status through SAVE for each noncitizen, except for a trafficking victim. For a trafficking victim, call the ORR trafficking verification line at (202) 401-5510 to confirm the validity of the letter and to notify ORR of the benefits for which the person has applied. If ORR confirms the letter's validity, "refugee" status is verified; do not consider or request verification of actual INS status.
  3. If approving through IPACS or adding a person through ACM, enter code 31 in Item 74 of Form 552. In AIS, answer the questions about noncitizens. For a trafficking victim, answer all questions as though the person were a refugee.
  4. Enter Item 80 code 328 DU with the 4-digit month and year of entry to the U.S. under PERSONS. For an asylee, use the date asylum was granted. For a trafficking victim, use the certification or eligibility date on the ORR letter.