Documentation Requirements
In order to access Office of Refugee Services benefits, individuals must provide acceptable documentation of one of the statuses listed on Status and Documentation Requirements for for the Office of Refugee Services. The following lists include documents that provide proof of these statuses. These documents may or may not provide proof of identity, nationality or "entry" date.
Chart #1
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Acceptable documents for individuals paroled as refugees or asylees under §212(d)(5) of the INA (see Note below table):
| Documents/Codes | Comments |
|---|---|
I-94 Arrival/departure card noting that the individual has been paroled as a refugee or asylee under §212(d)(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 |
|
I-688B Employment Authorization Document with the provision of law 274a.12(a)(4) |
This is an older version of the employment authorization document but it is still in use. |
I-94 noting SQ or SI Parole (per section 602(B)(1) AAPA/Sec 1059(a) NDAA 2006) |
Iraqi or Afghan Special Immigrant (Principal Applicant, Spouse of Principal Applicant, or Child of Principle Applicant) |
|
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). 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 receive benefits under the "Lautenberg Amendment," a special provision that allows 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.) |
Chart #2
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Acceptable documents for refugees admitted under §207 of the INA:
| Documents/Codes | Comments |
|---|---|
I-94 Arrival/departure card 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 States. |
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 |
|
I-688B Employment Authorization Document with the provision of law 274a.12(a)(3) |
This is an older version of the employment authorization document but it is still in use. |
INS Form I-571 |
United States Refugee Travel Document (see Note below table) |
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 refugee. |
I-730 Approval Letter |
The I-730 Approval Letter may be used as proof of refugee status for derivatives |
|
The INS 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. |
Chart #3
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Acceptable documents for asylees whose status was granted under §208 of the INA:
| Documents/Codes | Comments |
|---|---|
I-94 Arrival/departure card referencing §208 of the INA |
Notations may include references to employment authorization, indefinite status, and the requirement to obtain permission before leaving the United States. |
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 |
INS Form I-571 |
United States Refugee Travel Document (See Note 1 below table) |
I-766 Employment Authorization Document with the code A05 |
|
I-688B Employment Authorization Document with the provision of law 274a.12(a)(5) |
This is an older version of the employment authorization document but it is still in use. |
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 the INS has waived the right to appeal the case. See Note 2 below for information about cases where the INS reserves the right to appeal. |
Asylum Approval Letter from an INS Asylum Office |
Letter will note that the individual has been granted asylum pursuant to §208 of the INA and may include information concerning refugee and asylee relative petition, work authorization and the refugee travel document. |
Written decision from the Board of Immigration Appeals (BIA) |
|
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 card |
May be accompanied by the words "section 208"; Individual is the spouse or minor child of a previously granted asylee. |
|
Note 1
The INS 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. |
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Note 2
If the INS 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 the INS 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) case status line at (800) 898- 7180 to find out whether the INS 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 INS has appealed the case, the individual is not yet an asylee and is not eligible for benefits. If the INS 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. |
Chart #4a
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Acceptable documents for Cuban and Haitian entrants, in accordance with the requirements in 45 CFR §401.2:
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Any individual granted parole status as a Cuban/Haitian Entrant (Status Pending) or granted any other special status (see Note below table) 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
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| Documents/Codes | Comments |
|---|---|
An I-94 Arrival/departure card with a stamp showing parole at any time as a "Cuban/Haitian Entrant (Status Pending)" |
I-94 may refer to §212(d)(5). |
CH6 adjustment code on the I-551 |
Even after a Cuban/Haitian Entrant (Status Pending) becomes a permanent resident, he/she technically retains the status Cuban/Haitian Entrant (Status Pending). |
An I-94 Arrival/departure card with a stamp showing parole into the U.S. on or after April 21, 1980 |
I-94 may refer to §212(d)(5). |
A Cuban or Haitian passport with a §212(d)(5) stamp dated after October 10, 1980. |
|
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. |
Chart #4b
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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, nonappealable, and legally enforceable order of removal, deportation or exclusion (see Note 1 below table) has not been entered
| Documents/Codes | Comments |
|---|---|
An I-94 Arrival/departure card showing parole into the United States |
I-94 may refer to §212(d)(5), humanitarian or public interest parole. (see Note 2 below table) |
I-766 Employment Authorization Document with the code A04 |
|
I-766 Employment Authorization Document with the code C11 |
|
I-688B Employment Authorization Document with the provision of law 274a.12(a)(4) (see Note 3 below table) |
This is an older version of the employment authorization document but it is still in use. |
I-688B Employment Authorization Document with the provision of law 274a.12(c)(11) (see Note 3 below table) |
This is an older version of the employment authorization document but it is still in use. |
|
Note 1
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 eligibility workers require a written declaration, under penalty of perjury, that the individual has a status that makes him/her eligible for ORR programs and attempt to use other methods to uncover this information, such as calling the EOIR case status line at (800) 898-7180, submitting Form G-845 to the local INS office, asking the applicant for more information or, if participating, accessing the INS SAVE system. 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 Anna Marie Bena at (202) 260-5186. |
|
Note 2
As treatment of Cuban and Haitian entrants has developed, INS 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 call Anna Marie Bena at (202) 260-5186 if you encounter unusual notations or if you are uncertain of the relevance of a particular notation. |
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Note 3
If an individual provides an I-688B Employment Authorization Document, which does not provide information about nationality, eligibility workers must request other documentation to confirm that the individual is a Cuban or Haitian national. |
Chart #4c
| Documents/Codes | Comments |
|---|---|
INS Form I-221 |
Order to Show Cause and Notice of Hearing |
INS Form I-862 |
Notice to Appear |
INS Form I-220A |
Order of Release on Recognizance |
INS Form I-122 |
Notice to Applicant Detained for a Hearing Before an Immigration Judge |
INS Form I-221S |
Order to Show Cause, Notice of Hearing and Warrant for Arrest |
Copy of INS 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 INS 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, date stamped by the Office of the Immigration Judge |
I-766 Employment Authorization Document with the code C10 |
Application for suspension of deportation/cancellation of removal submitted |
I-688B Employment Authorization Document with the provision of law 274a.12(c)(10) (see Note 3 below table) |
Application for suspension of deportation/cancellation of removal submitted |
Other applications for relief that have been date stamped by EOIR |
|
Other documentation pertaining to an applicant’s removal, exclusion or deportation proceedings |
Example: a notice of a hearing date before an Immigration Judge |
|
Note 1
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 case status line at (800) 898-7180, submitting Form G-845 to the local INS office or, if participating, accessing the INS SAVE system. If an eligibility worker cannot determine whether proceedings are ongoing, please call Anna Marie Bena at (202) 260-5186. |
|
Note 2
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 eligibility workers require a written declaration, under penalty of perjury, that the individual has a status that makes him/her eligible for ORR programs and attempt to use other methods to uncover this information, such as calling the EOIR case status line at (800) 898-7180, submitting Form G-845 to the local INS office, asking the applicant for more information or, if participating, accessing the INS SAVE system. 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 Anna Marie Bena at (202) 260-5186. |
|
Note 3
If an individual provides an I-688B Employment Authorization Document, which does not provide information about nationality, eligibility workers must request other documentation to confirm that the individual is a Cuban or Haitian national. |
Chart #4d
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A national of Cuba or Haiti who has an application for asylum pending with the Immigration and Naturalization Service and with respect to whom a final, non-appealable, and legally enforceable order of removal, deportation or exclusion (see Note 1 below table) has not been entered
| Documents/Codes | Comments |
|---|---|
INS receipt for filing Form I-589 |
Application for Asylum and Withholding of Removal |
I-766 Employment Authorization document with the code C08 |
|
I-688B Employment Authorization Document with the provision of law 274a.12(c)(8) (see Note 2 below table) |
This is an older version of the employment authorization document but it is still in use. |
|
Note 1
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 eligibility workers require a written declaration, under penalty of perjury, that the individual has a status that makes him/her eligible for ORR programs and attempt to use other methods to uncover this information, such as calling the EOIR case status line at (800) 898-7180, submitting Form G-845 to the local INS office, asking the applicant for more information or, if participating, accessing the INS SAVE system. 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 Anna Marie Bena at (202) 260-5186. |
|
Note 2
If an individual provides an I-688B Employment Authorization Document, which does not provide information about nationality, eligibility workers must request other documentation to confirm that the individual is a Cuban or Haitian national. |
Chart #5
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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 |
Chart #6
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Acceptable documents for lawful permanent residents who previously held one of the above identified statuses (Note that this does not refer to Amerasians who are admitted as lawful permanent residents. See Chart #5 for all documents pertaining to Amerasians):
| Form I-551 Permanent Resident Card (or Resident Alien Card) with the following codes: | Comments |
|---|---|
RE6 |
Adjusted Principal Refugee |
RE7 |
Spouse of RE6 |
RE8 |
Child of RE6 |
RE9 |
Collateral Relatives of RE6 |
AS6 |
Adjusted Principal Asylee |
AS7 |
Spouse of AS6 |
AS8 |
Child of AS6 |
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 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 |
Form I-688B Employment Authorization Document with the provision of law 274a.12(a)(10) (This code only confirms eligibility for Cuban or Haitian nationals.) |
Withholding of Deportation or Removal |
| Acceptable documents for Iraqi and Afghan Special immigrants: | Comments |
|---|---|
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 |
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 |
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 |
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 |
DHS Form I-551 (“green card”) with an IV (“immigrant visa”) code for category SI8 or SQ8 |
