WAG 03-01-03-c: Refugee/Asylee/Cuban-Haitian/ Amerasian/Victims of Trafficking/Equivalent Status

PM 03-01-03-c

1. Verify the INS status of a non citizen who claims to be admitted as a refugee, Iraqi or Afghan Special Immigrant, asylee, Cuban-Haitian, Amerasian, trafficking victim and their relatives, or person whose deportation or removal was withheld. Use any evidence, such as a form, letter, correspondence, or other document from INS, that shows INS status. The usual verification documents are: or person whose deportation or removal was withheld.Use any evidence, such as a form, letter, correspondence, or other document from INS, that shows INS status. 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 Iraqi or Afghan Special Immigrant, I-94 passport with immigrant visa stamp or Form I-551 showing Iraqi or Afghan nationality admitted under IV (immigrant visa) code of S11, S12, S13, S16, S17, S19, SQ, SQ1, SQ2, SQ3, SQ6, SQ7 or SQ9 and DHS stamp or notation on passport or I-94 showing date of entry.
     • 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 a person whose deportation or removal was withheld, the I-94 has a notation of Section 243(h) or Section 241(b)(3).

       NOTE: If the I-94 has a notation of the letters (A) through (L), the person is an ineligible non citizen, unless another INS document shows that the non citizen is eligible. 

   • 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.
   • For withholding of deportation or removal, a court order or other document stating deportation has been withheld according to Section 241(b)(3) or 243(h) of the INA.
   • A trafficking victim, or  their minor child, spouse, parent and sibling, 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 refugees, or a T visa, or a Derivative T Visa.

     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.

   • Eligible relatives of trafficking victims are entitled to Derivative T Visas (T-2, T-3, T-4, or T-5).
2. Verify INS status through SAVE for all non citizens 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 non citizens. 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.  For Iraqi and Afghan Special Immigrants use their entry date to the U.S. (for those who entered with Special Immigrant status) or the date Special Immigrant status was granted (for those who applied for Special Immigrant status while in the U.S.).