PM 06-01-05-a: Citizen/INS Status

WAG 06-01-05-a

To qualify for RRP benefits, a person must be:

  • a refugee or asylee, as defined by the Immigration and Nationality Act; or
  • a permanent resident who was formerly a refugee or asylee; or
  • a Cuban or Haitian Entrant; or
  • an Amerasian from Vietnam (or close family member) admitted through the Orderly Departure Program; or
  • a victim of trafficking identified by ORR.

A refugee or asylee as defined by the Immigration and Naturalization Act is:

  • an alien admitted as a Refugee under Section 207 after March 31, 1980; or
  • an alien granted political asylum by the Attorney General under Section 208; or
  • an alien granted temporary parole as a refugee or asylee by the Attorney General under Section 212(d)(5). This does not include persons paroled for Humanitarian or Public Interest reasons.

A Cuban or Haitian Entrant is a citizen of Cuba or Haiti who was granted or issued a valid Form I-94 or other INS document on or after April 21, 1980, under one of the following situations:

  • was paroled into the U.S. and has not gained another status under the Immigration and Nationality Act; or
  • is the subject of exclusion or deportation from the U.S.; or
  • has an application for asylum pending with INS; and
  • is not under a final, nonappealable and legally enforceable order of deportation or exclusion from the U.S.

An Amerasian from Vietnam and their close family members qualify if they were admitted in immigrant status through the Orderly Departure Program beginning on March 20, 1988.

A trafficking victim qualifies if they have a letter from the federal Office of Refugee Resettlement (ORR) identifying them.

Except for trafficking victims, verify each person's INS status through the Systematic Alien Verification for Entitlements (SAVE) Program (see PM 03-01-05).