Interim Guidance on Verficiation of Citizenship, Qualified Alien Status and Eligibility Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996

DEPARTMENT OF JUSTICE

[AG Order No. 2129-97]

Interim Guidance on Verficiation of Citizenship, Qualified Alien

Status and Eligibility Under Title IV of the Personal Responsibility

and Work Opportunity Reconciliation Act of 1996

AGENCY: Department of Justice.

ACTION: Notice of interim guidance with request for comments.

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SUMMARY: Title IV of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996 (``PRWORA'') requires the Attorney General,

by February 1998, to promulgate regulations requiring verification that

an applicant for federal public benefits is a qualified alien eligible

to receive federal public benefits under the Act. Amendments to the

PRWORA by the Illegal Immigration Reform and Immigrant Responsibility

Act of 1996 also require the Attorney General, within the same time

period, to establish fair and nondiscriminatory procedures for

applicants to provide proof of citizenship. Amendments to the PRWORA by

the Balanced Budget Act of 1997 require the Attorney General, by

November 3, 1997, to issue interim verification guidance that sets

forth procedures that benefit providers can use to verify citizenship,

qualified alien status, and eligibility under Title IV of the PRWORA

prior to issuance of the final regulations. In accordance with this

last statutory requirement, the Attorney General, in consultation with

federal benefit-granting agencies, has developed this interim guidance.

DATES: This Interim Guidance is effective October 29, 1997.

ADDRESSES: Comments should be submitted to: John E. Nahan, Immigration

and Naturalization Service, 425 I St., N.W., ULLICO Building, 4th

Floor, Washington, D.C. 20536, (202) 514-2317.

FOR FURTHER INFORMATION CONTACT:

John E. Nahan, Immigration and Naturalization Service, 425 I St., N.W.,

ULLICO Building, 4th Floor, Washington, D.C. 20536, (202) 514-2317.

SUPPLEMENTARY INFORMATION: By the authority vested in me as Attorney

General by law, including section 432(a) of the Personal Responsibility

and Work Opportunity Reconciliation Act of 1996 (as amended), I hereby

issue the following Interim Guidance on Verification of Citizenship,

Qualified Alien Status and Eligibility Under Title IV of the Personal

Responsibility and

[[Page 61345]]

Work Opportunity Reconciliation Act of 1996.

Dated: October 29, 1997.

Janet Reno,

Attorney General.

Interim Guidance on Verification of Citizenship, Qualified Alien Status

and Eligibility Under Title IV of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996

Introduction

A. Summary

Title IV of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996 (the ``Act'') provides that, with certain

exceptions, only United States citizens, United States non-citizen

nationals and ``qualified aliens'' (and sometimes only particular

categories of qualified aliens) are eligible for federal, state and

local public benefits. The Act, as amended by the Balanced Budget Act

of 1997, requires the Attorney General, by November 3, 1997, to issue

interim guidance on the verification of eligibility of aliens for

federal public benefits. The Act also requires the Attorney General, by

February 1998, to promulgate final regulations requiring verification

that an applicant is a qualified alien eligible to receive federal

public benefits under the Act. States have an additional twenty-four

months to put into effect a verification system that complies with

those regulations. Amendments to the Act by the Illegal Immigration

Reform and Immigrant Responsibility Act of 1996 further require the

Attorney General to establish fair and nondiscriminatory procedures for

applicants to provide proof of citizenship. Benefit providers, however,

are required to implement the Act, and hence to make determinations

regarding citizenship, qualified alien status, and eligibility under

Title IV of the Act, before the Attorney General's issuance of new

regulations and the States' development of conforming verification

systems.

This memorandum provides guidance on how to verify citizenship,

immigration status and eligibility under Title IV of the Act during

this interim period. This guidance adopts a four-step procedure: (1)

Determine if your program provides a ``federal public benefit'' subject

to the Act's verification requirements; (2) Determine whether the

applicant is otherwise eligible for benefits under general program

requirements; (3) Verify the applicant's status as a U.S. citizen, U.S.

non-citizen national or qualified alien; and (4) Verify the applicant's

eligibility for benefits under the Act. If at any step you determine

that you are not required to verify (or further verify) immigration

status, you should not go on to the following step(s). If you have any

questions regarding verification of immigration status pursuant to this

Guidance, contact the local office of the Immigration and

Naturalization Service (``INS'') serving your geographic area. A list

of local INS offices is set forth in Attachment 1. Attachment 1 also

includes a copy of INS Form G-845 and the Supplement thereto to be used

to verify immigration status pursuant to this Guidance.

This Guidance applies only to federal public benefits, and does not

directly address the citizenship and immigration requirements that

Title IV of the Act imposes on the provision of state and local public

benefits. To the extent that you are required to verify that an

applicant is a U.S. citizen, U.S. non-citizen national or qualified

alien when determining eligibility for a state or local program,

however, the Attorney General will be promulgating regulations that set

forth procedures by which state and local providers can verify alien

eligibility for such benefits. During the interim, we advise that you

use this Guidance in consultation with state and local authorities.

B. Programs With Governmental Verification

Some federal programs (e.g., Medicaid) require federal, state and

local governmental agencies, but not private providers, to verify

citizenship and immigration status as part of program eligibility

determinations. The private entities actually providing the benefits

must abide by the verification determination made by the governmental

agency; they engage in no independent verification. Nothing in this

Guidance modifies such program requirements: providers of benefits

under programs where verification is performed by a governmental agency

are not required by this Guidance to verify that an applicant is a U.S.

citizen, non-citizen national or qualified alien, and they should not

engage in such verification. They should continue to provide benefits

pursuant to program requirements based on the verification

determinations made by the appropriate governmental agency.

C. Programs Currently Required To Use the SAVE System

Some federal programs (e.g., Medicaid, unemployment compensation,

educational assistance under Title IV of the Higher Education Act of

1965, assisted housing programs administered by the Department of

Housing and Urban Development) already require, absent a waiver,

verification of the immigration status of noncitizens applying for

benefits through the Systematic Alien Verification for Entitlements

(``SAVE'') system. SAVE is an intergovernmental information-sharing

program that is available to benefit-granting agencies that need to

determine an alien's immigration status. With one exception, nothing in

the Act changes preexisting legal requirements regarding use of the

SAVE system or relieves the administrators of statutorily mandated

programs of their obligations to comply with the SAVE program

(including the terms of any waiver of SAVE program requirements

received from the appropriate federal agency); section 840 of the Act,

however, did remove the requirement that a state agency use the SAVE

system to verify eligibility for Food Stamps. You should note that SAVE

does not provide all of the information that may now be necessary to

determine an individual's eligibility under Title IV of the Act. You

should use this Guidance to obtain or verify that new information.

D. Exemption for Nonprofit Charitable Organizations

Subject to such verification regulations as the Attorney General

may subsequently adopt and the limitations set forth immediately below,

a ``nonprofit charitable organization'' providing a federal, state or

local public benefit covered by the Act is not required under Title IV

of the Act to determine, verify, or otherwise require proof of an

applicant's eligibility for such benefits based on the applicant's

status as a U.S. citizen, U.S. non-citizen national or qualified alien.

Thus, a nonprofit charitable organization is not required by the Act to

seek an applicant's confirmation that he or she is a qualified alien,

or to have a separate entity verify the applicant's status before

providing benefits. To be eligible for this exemption, an organization

must be both ``nonprofit'' and ``charitable.'' For purposes of this

Guidance, an organization is ``nonprofit'' if it is organized and

operated for purposes other than making gains or profits for the

organization, its members or its shareholders, and is precluded from

distributing any gains or profits to its members or shareholders. An

organization is ``charitable'' if it is organized and operated for

charitable purposes. The term ``charitable'' should be interpreted in

its generally accepted legal sense as developed by judicial decisions.

It includes organizations

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dedicated to relief of the poor and distressed or the underprivileged,

as well as religiously-affiliated organizations and educational

organizations. If you have any questions as to whether your

organization is a nonprofit charitable organization exempt from the

Act's verification requirements, you should contact the federal, state

or local agency overseeing the program you administer to obtain

guidance.

The exemption for nonprofit charitable organizations is limited to

verification requirements imposed by Title IV of the Act and to those

instances in which the nonprofit charitable organization itself would

be required by Title IV to engage in verification. Certain programs,

however, require federal, state and local agencies to verify

citizenship and immigration status as part of program eligibility

determinations, while benefits are provided, at least in part, by

charitable organizations. Other programs currently require verification

by the charitable organization itself. These independent requirements

are not altered by the provision exempting nonprofit charitable

organizations from the Act's verification requirements. If a non-exempt

entity (e.g., a state agency) performs verification for benefits

provided through a nonprofit charitable organization, you must abide by

those determinations. Similarly, if your program has procedures

unrelated to Title IV of the Act that require verification by your

charitable organization, or adopts such procedures in the future, you

must comply with such procedures.

A nonprofit charitable organization that chooses not to verify

cannot be penalized (e.g., through cancellation of its grant or denial

of reimbursement for benefit expenditures) for providing federal public

benefits to an individual who is not a U.S. citizen, U.S. non-citizen

national or qualified alien, except when it does so either in violation

of independent program verification requirements or in the face of a

verification determination made by a non-exempt entity. However, if

your organization chooses to verify, even though it is a nonprofit

charitable organization that is not required to do so under the Act,

you should comply with the procedures set forth in this Guidance and

provide benefits only to those whom you verify to be U.S. citizens,

U.S. non-citizen nationals or qualified aliens. Any verification

request to INS by a nonprofit charitable organization must be

accompanied by the written consent of the individual whose status is to

be verified to the release of information about the individual to a

nongovernmental entity. The consent must be notarized or executed under

penalty of perjury. (INS Form G-639 may be used for this purpose.)

E. Nondiscrimination and Privacy Requirements

Various federal civil rights laws and regulations prohibit

discrimination by governmental and private entities on the basis of

race, color, national origin, gender, religion, age and disability.

They include Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d

et seq. (``Title VI''), Section 504 of the Rehabilitation Act of 1973,

29 U.S.C. 794, the Americans with Disabilities Act of 1990, 42 U.S.C.

12101 et seq., the Age Discrimination Act of 1975, 42 U.S.C. 6101 et

seq., and the Fair Housing Act, 42 U.S.C. 3601 et seq. These laws apply

to entities' provision of any public benefits, including their

implementation of the Act. In particular, Title VI prohibits

discrimination on the basis of race, color, or national origin in any

program or activity, whether operated by a public or private entity,

that receives federal funds or other federal financial assistance.

Thus, in operating or participating in a federally assisted program and

implementing the requirements of the Act, including those set forth in

this Guidance, a provider should not, on the basis of race, color or

national origin, directly or indirectly differentiate among persons in

the types of program services, aids or benefits it provides or the

manner in which it provides them. For example, benefit providers should

treat all similarly situated individuals in the same manner, and should

not single out individuals who look or sound foreign for closer

scrutiny or require them to provide additional documentation of

citizenship or immigration status. The nondiscrimination requirements

of Title VI and other applicable civil rights laws are discussed more

fully in Attachment 2.

If you have questions regarding issues of discrimination that may

arise with respect to benefit-granting procedures or the implementation

of this Guidance, you should contact the civil rights office of the

pertinent benefit-granting agency or the applicable office in the Civil

Rights Division of the U.S. Department of Justice. Contact numbers in

the U.S. Department of Justice, Civil rights Division are set forth in

Attachment 2.

When implementing the Act's verification requirements, you should

be sensitive to privacy interests, and should use the citizenship and

immigration status information received only for purposes of verifying

the applicant's eligibility for benefits under the Act and, if you are

a governmental entity, for sharing such information with the INS and

other governmental entities as provided by the Act. You should also

review the Privacy Act (5 U.S.C. 552a), state and local privacy laws,

and your program's requirements to ensure that you comply with all

applicable privacy requirements.

Verification Procedures

Step 1: Determine if Your Program Provides a ``Federal Public Benefit''

Subject to the Act's Verification Requirements

The Act's requirement that benefit recipients be U.S. citizens,

U.S. non-citizen nationals or qualified aliens does not apply to all

federally funded activity or programs; it applies only to non-exempted

``federal public benefits''. Therefore, benefit providers should first

determine whether the particular program they are administering

provides a ``federal public benefit'' for which the Act requires them

to verify citizenship, nationality or immigration status. Preliminary

guidance on which programs provide ``federal public benefits'' subject

to the Act's verification requirements is set forth in Attachment 3. If

the federal program does not provide a ``federal public benefit''

covered by the Act (e.g., the program is exempted by Attorney General

Order No. 2049, 61 FR. 45,985 (1996), regarding government-funded

community programs, services or assistance that are necessary for the

protection of life or safety), the benefit provider is not required to,

and should not attempt to, verify an applicant's status, unless

otherwise required or authorized to do so by law, because all aliens,

regardless of their immigration status, are eligible for such benefits.

If one program provides several public benefits, the Act's

requirements apply only to those benefits that are non-exempted federal

public benefits under the Act. A provider is not required to, and

should not, verify the citizenship, nationality and immigration status

of applicants for other benefits provided by the program that do not

constitute federal public benefits.

Step 2: Determine Whether Applicant is Eligible for Benefits Under

General Program Requirements

Given the potential intrusiveness and possibly time-consuming

nature of the citizenship and alien status verification inquiry, a

provider should determine whether an applicant otherwise meets specific

program requirements for

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benefit eligibility before initiating the verification process, unless

determining program eligibility would be considerably more complex and

time-consuming than verifying immigration status. This will reduce

verification inquiries that prove unnecessary because the applicant is

not otherwise eligible for the benefits requested. This Guidance does

not address these other program eligibility requirements; a provider

should refer to the statute, regulations and agency guidance (if any)

governing its program for such requirements. (Note, however, that Title

IV contains provisions requiring that, upon the effective date of the

new affidavit of support, required under section 213A of the Act, when

determining eligibility for federal means-tested public benefits and

the amount of such benefits to which an alien is entitled, the income

and resources of the alien be deemed to include those of any person

executing an affidavit of support on behalf of the alien and that

person's spouse, if applicable, with certain exceptions for indigent

qualified aliens and aliens who (or whose children or parents) have

been battered or subjected to extreme cruelty in the U.S. by a spouse,

parent or member of the spouse or parent's family. See Exhibit B of

Attachment 5.)

Determining program eligibility will normally include verifying

that the applicant is who he or she claims to be. Although many of the

documents and procedures relevant to determining citizenship or

immigration status may also be relevant to identity verification, this

Guidance is designed to provide assistance in determining the status of

applicants whose identity has already been verified, and does not

address appropriate identity verification procedures. It is your

responsibility to assure yourself, pursuant to non-discriminatory

procedures, of the identity of the applicant.

Step 3: Verify Applicant's Status as A U.S. Citizen, U.S. Non-Citizen

National or Qualified Alien

Because the process of verifying an individual's status as a U.S.

citizen, U.S. non-citizen national or qualified alien raises

significant issues involving privacy and anti-discrimination

protections, no verification of an applicant's status as a U.S.

citizen, U.S. non-citizen national or qualified alien should be

undertaken where benefits are not contingent on such status. In

addition, if an alien is applying for benefits on behalf of another

person, you may, under federal law, only verify the status of the

person who will actually be receiving the benefits.

Except as set forth in this paragraph, if your program provides a

non-exempted ``federal public benefit,'' and thus is available only to

U.S. citizens, U.S. non-citizen nationals and qualified aliens, you

should verify an applicant's status as set forth below. If you are a

private provider of a ``federal public benefit'' and your program

requires verification by a federal, state or local governmental agency,

but not by a private provider, you should not engage in any independent

verification and should continue to comply with the verification

determinations made by the appropriate governmental entity. If you are

on the SAVE system, you should continue following the SAVE procedures

and should use this Guidance only for matters not addressed under the

SAVE program.

A. U.S. Citizen or Non-Citizen National

1. Ask for Declaration of Status. If you are required to verify an

applicant's status as a U.S. citizen, U.S. non-citizen national or

qualified alien, you should begin by asking the applicant to submit a

written declaration, under penalty of perjury, that he or she is a

citizen or non-citizen national of the U.S. (or that he or she is a

qualified alien--see Paragraph B.1. below).

Subject to certain exceptions and qualifications (particularly with

respect to derivative citizenship), a United States citizen is:

A person (other than the child of a foreign diplomat) born

in one of the several States or in the District of Columbia, Puerto

Rico, Guam, the U.S. Virgin Islands, or the Northern Mariana Islands

who has not renounced or otherwise lost his or her citizenship;

A person born outside of the United States to at least one

U.S. citizen parent (sometimes referred to as a ``derivative

citizen''); or

A naturalized U.S. citizen.

As a general matter, a United States non-citizen national is a

person born in an outlying possession of the United States (American

Samoa or Swain's Island) on or after the date the U.S. acquired the

possession, or a person whose parents are U.S. non-citizen nationals

(subject to certain residency requirements).

The law regarding U.S. citizenship and nationality is complex.

These broad definitions are provided for general guidance only, and do

not address all of the complexities involved in attaining or losing

status as a U.S. citizen or non-citizen national. See 8 U.S.C. 1401 et

seq.

If you have any questions regarding whether an applicant is a U.S.

citizen or non-citizen national, you should consult with the INS (in

the case of a naturalized citizen) or the federal agency or department

that oversees your program.

2. Verify Status. A number of programs have existing procedures for

verifying that an applicant is a U.S. citizen or non-citizen national

for purposes of program eligibility. You should continue to comply with

any existing or future legal requirements for verifying citizenship and

nationality that are imposed on your program, as well as with any

applicable existing or future guidance provided by the agency or

department overseeing your program. If a program has no requirements or

guidance regarding verification, a benefit provider should refer to

this Guidance.

The appropriate method of verifying an applicant's citizenship will

depend upon the requirements and needs of the particular program,

including, but not limited to , the nature of the benefits to be

provided, the need for benefits to be provided on an expedited basis,

the length of time during which benefits will be provided, the cost of

providing the benefits, the length of time it will take to verify based

on a particular method, and the cost of a particular method of

verification. For example, a benefit provider could adopt a quick and

simple verification procedure if it provides short-term benefits and

the cost of extensive verification will outweigh the cost of the

benefits or if verification will be time-consuming and the benefits are

needed in the short term. On the other hand, if the benefit provider

provides substantial, long-term benefits, it may be reasonable to

require more extensive verification of citizenship.

Regardless, a benefit provider's decision as to the appropriate

method must be made in a non-discriminatory fashion; for example, it

cannot turn on the fact that the applicant looks or sounds foreign or

has an ethnic surname. A benefit provider should adopt neutral

procedures that apply equally to all applicants regardless of their

appearance, ethnicity or accent. A benefit provider should not

implement its procedures in a manner that discriminates against

applicants whom it assumes to be foreign; nor should a benefit provider

treat any applicant in a more beneficial manner based on assumptions as

to the applicant's citizenship. (See Nondiscrimination Advisory in

Attachment 2.)

To verify that an applicant is a U.S. citizen or non-citizen

national, a benefit provider could do any one of the following:

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(a) Ask the applicant to present a document demonstrating that he

or she is a U.S. citizen or non-citizen national. Documents that can be

used to make this demonstration are described in Attachment 4. (A

benefit provider may also consult records of verified citizenship, if

any, maintained by the agency overseeing its program.)

(i) If the document reasonably appears on its face to be genuine

and to relate to the individual presenting it (or, if your program

already has existing guidance or procedures mandating a higher standard

of proof for acceptance of documentary evidence of status, the document

satisfied that higher standard), the provider should accept the

document as conclusive evidence that the applicant is a U.S. citizen or

non-citizen national, and should not verify status any further.

(ii) If the document presented does not on its face reasonably

appear to be genuine (or to satisfy a higher applicable standard) or to

relate to the individual presenting it, the benefit provider should

contact the governmental entity that originally issued the document

presented or that can confirm the applicant's status as a U.S. citizen

or non-citizen national. (With regard to naturalized citizens and

derivative citizens presenting certificates of citizenship, the INS is

the appropriate governmental entity to contact for verification of such

status. If the applicant presents a document relating to such status

and that document does not on its face reasonably appear to be genuine

or to relate to the applicant (or to satisfy a higher applicable

standard), the provider may request verification of status by filing

INS Form G-845 along with copies of the pertinent documents provided by

the applicant with the local INS office. If an applicant has lost his

or her original documents or never had an original document

demonstrating naturalized or derivative citizenship, refer the

applicant to the local INS office to obtain documentation of status.)

(b) Accept a written declaration, made under penalty of perjury and

possibly subject to later verification of status, from one or more

third parties indicating a reasonable basis for personal knowledge that

the applicant is a U.S. citizen or non-citizen national.

(c) Accept the applicant's written declaration, made under penalty

of perjury and possibly subject to later verification of status, that

he or she is a U.S. citizen or non-citizen national.

The options described in subparagraphs (b) and (c) above present a

greater potential for undetected false claims of being a United States

citizen or non-citizen national, and therefore should be used with

caution in appropriate circumstances. For example, before using these

options, a provider might require the applicant to demonstrate why a

document evidencing that he or she is a U.S. citizen or non-citizen

national does not exist or cannot be readily obtained. Such a

requirement must be imposed equally on all applicants, and cannot be

applied in a discriminatory manner.

3. Action Pending Verification. In an applicant has satisfied the

above requirements regarding submission of a sworn declaration and

presentation of any other required evidence of status, you should refer

to the legal requirements of your program and to any applicable

guidance provided by the federal agency or department overseeing your

program to determine if you should grant or withheld benefits during

the period of time in which you are verifying the applicant's status.

If your program has no such requirements or guidance and the applicant

has submitted a written declaration, under penalty of perjury, that he

or she is a U.S. citizen or non-citizen national, you should not delay,

deny, reduce or terminate the applicant's eligibility for benefits

under the program on the basis of an applicant's citizenship or

nationality during the period of time it takes to verify his or her

status.

4. Take Action Based on Results of Verification. If you verify that

the applicant is a U.S. citizen or non-citizen nation, you are subject

to no further verification requirements under Title IV of the Act and

should grant the benefits requested if the applicant is otherwise

eligible for them under the specific program's requirements. If you

cannot verify that the applicant is a U.S. citizen or non-citizen

national after exhausting the above-described methods (and the

applicant is not a qualified alien--see below), you should deny the

benefits requested, and notify the applicant pursuant to your regular

procedures of his or her rights under the applicable program to appeal

the denial of benefits. If the INS was involved in the provider's

attempt to verify naturalized or derivative citizenship, the INS will,

upon request of the agency or department handling the appeal, conduct a

thorough review of its initial verification response and will provide

the agency or department with information in its possession necessary

to resolve the appeal.

B. Qualified Alien

1. Ask for Declaration of Status. If an applicant is not a U.S.

citizen or U.S. non-citizen national, you may grant the applicant non-

exempt federal public benefits only if the applicant submits a written

declaration, under penalty of perjury, that he or she has an

immigration status that makes him or her a ``qualified alien'' and you

verify that status as set forth below.

A ``qualified alien'' is:

An alien lawfully admitted for permanent residence under

the Immigration and Nationality Act (``INA'');

An alien granted asylum under section 208 of the INA;

A refugee admitted to the U.S. under section 207 of the

INA;

An alien paroled into the U.S. under section 212(d)(5) of

the INA for at least one year;

An alien whose deportation is being withheld under section

243(h) of the INA as in effect prior to April 1, 1997, or whose removal

is being withheld under section 241(b)(3) of the INA;

An alien granted conditional entry pursuant to section

203(a)(7) of the INA as in effect prior to April 1, 1980;

An alien who is a Cuban or Haitian entrant as defined in

section 501(e) of the Refugee Education Assistance Act of 1980; or

An alien who (or whose child or parent) has been battered

or subjected to extreme cruelty in the U.S. and otherwise satisfies the

requirements of Sec. 431(c) of the Act (see Exhibit B of Attachment 5).

2. Request Documentation of Immigration Status. Ask the applicant

to provide documentation evidencing his or her status as a qualified

alien. The documents that will demonstrate that an applicant is a

``qualified alien'' are described in Attachment 5. Note that, if the

applicant is applying for federal means-tested public benefits covered

by the Act, or possibly a program funded by a Social Services Block

Grant, the applicant may well have to present additional documentation

demonstrating eligibility under the Act--see Step 4 below--and you will

also want to ask the applicant to provide any such additional

documentation demonstrating eligibility.

3. If Supported by Documents, Conclude that the Applicant is a

Qualified Alien. If the documentation reasonably appears on its face to

be genuine (or, if your program already has existing guidance or

procedures mandating a higher standard of proof for acceptance of

documentary evidence of immigration status, the document satisfies that

higher standard) and to relate to the individual presenting it, you

should accept the documentation as conclusive evidence that the

applicant is a qualified alien, you should not further verify

immigration status with

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the INS (unless you are a SAVE user, in which case you should proceed

to verify status according to SAVE procedures), and you should proceed

to determine if the applicant satisfies the Act's other eligibility

requirements for the particular benefits discussed in Step 4 below

(addressing SSI, Food Stamps, TANF, Medicaid, programs funded by a

Social Services Block Grant, and federal means-tested public benefits).

4. If, Based on the Documents Presented, You Are Considering

Concluding that the Applicant Is Not a Qualified Alien, Take the

Following Steps.

(a) Verify Status. If, based on your review of the documents

presented, you are considering determining that an applicant is not a

qualified alien and thus is not eligible for the benefits requested

based on his or her immigration status--e.g., because the document does

not on its face reasonably appear to be genuine (or to satisfy a higher

applicable standard) or to relate to the person presenting it--you

should check with the INS to verify the information presented as set

forth below. (You do not need to check with the INS if the applicant

presents a document that is valid and demonstrates lawful immigration

status but that simply does not qualify him or her for status as a

qualified alien: e.g., INS Form I-94 showing admission as a

nonimmigrant visitor.) Do not determine that an applicant is not a

qualified alien, and do not conclusively deny benefits on that basis,

without first verifying the applicant's status with the INS as follows.

If you are connected to the INS SAVE system, check the applicant's

immigration status using the standard procedures for use of the SAVE

system, including both the electronic mechanism and, if necessary

(e.g., if information regarding the pertinent immigration status cannot

be confirmed through the electronic SAVE database), the procedures for

secondary verification. If you are not connected to the SAVE system and

the applicant presents documents relating to such status, request

verification of immigration status by filing INS Form G-845 and

Supplement along with copies of the pertinent immigration documents

provided by the applicant with the local INS office. In either

instance, the INS will conduct a thorough review of its records to

determine if the applicant is a qualified alien. If the applicant

presents expired documents or is unable to present any documentation

evidencing his or her immigration status, refer the applicant to the

local INS office to obtain documentation of status. In unusual cases

involving applicants who are hospitalized or medically disabled, or who

can otherwise show good cause for their inability to present

documentation, and for whom securing such documentation would

constitute an undue hardship, if the applicant can provide an alien

registration number, you may file INS Form G-845 and Supplement, along

with the alien registration number a copy of any expired INS document

presented, with the local INS office to verify status. As with any

documentation of immigration status, you should confirm that the status

information you receive back from INS pertains to the applicant whose

identity you have verified.

(b) Action Pending Verification. You should refer to the legal

requirements of your program and to any applicable guidance provided by

the federal agency or department overseeing your program, if any, to

determine whether you should grant or withhold benefits during the

period of time in which you are verifying the applicant's immigration

status. If your program has not such requirements or guidance and the

applicant has submitted a written declaration, under penalty of

perjury, that he or she is a qualified alien, you should not delay,

deny, reduce or terminate the applicant's eligibility for benefits

under the program on the basis of an applicant's immigration status

during the period of time it takes to verify his or her immigration

status. If you are to grant benefits pending verification, you should

first determine if the applicant satisfies the Act's other eligibility

requirements (if any) for the benefits requested as set forth in Step 4

below.

(c) Take Action Based on Response to Verification Inquiry. If the

INS notifies you that the applicant has an immigration status that

makes him or her a qualified alien within the meaning of the Act, you

should accept the INS verification of and proceed to determine whether

the applicant satisfies the Act's other eligibility requirements (if

any) for the benefits requested as set forth in Step 4 below.

If the INS modifies you that it cannot verify that the applicant

has an immigration status that makes him or her a qualified alien

within the meaning of the Act, you should deny benefits and notify the

applicant pursuant to your program's regular procedures of his or her

rights under the applicable program to appeal the denial of benefits.

Upon request of the agency or department handling the appeal, the INS

will conduct a thorough review of its initial verification response and

will provide the agency or department with information in its

possession necessary to resolve the appeal.

Step 4: Verify Eligibility Under the Act

Title IV of the Act provides that all qualified aliens are eligible

for some federal public benefits, while it imposes additional

eligibility requirements for receipt of other benefits. If the

qualified alien is applying for a benefit for which all qualified

aliens are eligible, you should not engage in any further verification

of immigration status. If he or she is applying for a program for which

the Act imposes additional eligibility requirements, however, you

should determine whether the applicant satisfies those requirements.

A. Federal Public Benefits With No Further Immigration Eligibility

Requirements for Qualified Aliens

Except as set forth below, all qualified aliens are eligible for

all federal public benefits. If the qualified alien is applying for a

federal public benefit for which all qualified aliens are eligible, you

should not engage in any further verification of immigration status.

Wtih some exceptions, individuals receiving SSI as of August 22,

1996, continue to be eligible for such benefits until the Commissioner

of Social Security, prior to September 30, 1998, redetermines their

eligibility; if, as a result of that redetermination, an individual is

found to be ineligible for SSI, the individual can nevertheless

continue receiving benefits until September 30, 1998.

In the absence of a State's decision to restrict eligibility for

programs funded by a Social Services Block Grant, all qualified aliens

are eligible for Social Services Block Grant programs. In the absence

of a State's decision to restrict eligibility for TANF and Medicaid,

the Act does not restrict the availability of these benefits to

qualified aliens who entered the United States prior to August 22,

1996, and who were continuously present in the United States until

attaining qualified alien status; however, because the Department of

Health and Human Services has determined that TANF and Medicaid are

federal means-tested public benefits, see 62 FR 45,256 (August 26,

1997), aliens who entered the United States on or after August 22,

1996, are ineligible for those programs for five years from the date

that they attain qualified alien status (see discussion of federal

means-tested public benefits in Paragraph B below and Attachment 7).

You should determine whether your State is continuing to provide TANF,

Medicaid,

[[Page 61350]]

and programs funded by a Social Services Block Grant to all qualified

aliens:

' If the State is continuing to provide programs funded by a Social

Services Block Grant to all qualified aliens, you should not engage in

any further verification of immigration status;

' If the State is continuing to provide TANF and Medicaid to all

qualified aliens, you should refer to Paragraph B below and Attachment

7 for further guidance on additional eligibility requirements; and

' If the State has restricted qualified aliens' eligibility for

TANF and Medicaid, you should determine whether the applicant is

eligible for such benefits as set forth in Paragraph B below.

B. Federal Benefits With Additional Eligibility Requirements for

Qualified Aliens SSI, Food Stamps, TANF, Medicaid, and Programs Funded

by a Social Services Block Grant

The Act provides that only certain excepted categories of aliens

are eligible for SSI and Food Stamps. A State may, however, choose to

issue Food Stamp benefits to individuals that are otherwise ineligible

for such benefits under sections 402 or 403 of the Act, provided that

the State reimburses the federal government for the costs of such

benefits and complies with certain administrative requirements. In

addition, if a State has exercised its right to limit qualified aliens'

eligibility for TANF, Medicaid, and programs funded by a Social

Services Block Grant, certain excepted categories of aliens remain

eligible for such programs. The excepted categories of aliens that

remain eligible for SSI are somewhat broader than the excepted

categories for Food Stamps, Medicaid, TANF and programs funded by a

Social Services Block Grant. Consult Attachment 6 for a more specific

description of these excepted categories and the documentation that

will demonstrate that an alien falls within such an exception and thus

remains eligible for these programs.

Federal Means-Tested Public Benefits. With certain exceptions

discussed in greater detail in Attachment 7, qualified aliens are

ineligible to receive federal means-tested public benefits for five

years from the date that they attain qualified alien status. However,

aliens who entered the United States prior to August 22, 1996, and who

were continuously present in the United States until attaining

qualified alien status are not subject to this restriction. In

addition, exceptions are made for refugees, asylees, aliens whose

deportation or removal has been withheld, Cuban/Haitian entrants,

certain Amerasian immigrants, and aliens who are veterans honorably

discharged or on non-training active duty and their families. This

restriction, moreover, does not apply after the expiration of the five-

year period. If a qualified alien is applying for such a benefit, you

should determine, in accordance with Attachment 7, whether he or she

arrived in the United States prior to August 22, 1996, whether he or

she falls within one of the enumerated exceptions, or whether he or she

has been a qualified alien for at least five years.

Attachment 1

Local INS Office Addresses

----------------------------------------------------------------------------------------------------------------

State or territory County File control office Address

----------------------------------------------------------------------------------------------------------------

Alabama......................... ........................... Atlanta, GA.......... 77 Forsyth Street, S.W.,

Atlanta, GA 30303-3427.

Alaska.......................... ........................... Anchorage, AK........ 620 East 10th Avenue,

Suite 102, Anchorage, AK

99501.

Arizona......................... ........................... Phoenix, AZ.......... 2035 North Central Avenue,

Phoenix, AZ 85004-1548.

Arkansas........................ ........................... Memphis, TN.......... 1341 Sycamore View, Suite

100, Memphis, TN 38134.

California...................... Inyo, Kern, Los Angeles, Los Angeles, CA...... 300 North Los Angeles

Orange, Riverside, San Street, Los Angeles, CA

Bernardino, San Luis 90012.

Obispo, Santa Barbara, and

Ventura.

Imperial and San Diego..... San Diego, CA........ 880 Front Street, Suite

1234, San Diego, CA 92101-

8834.

Alameda, Alpine, Amador, San Francisco, CA.... 630 Sansome Street, Room

Butte, Calaveras, Colusa, 300, San Francisco, CA

Contra Costa, Del Norte, 94111-2280.

El Dorado, Fresno, Glenn,

Humboldt, Kings, Lake,

Lassen Madera, Marin,

Mariposa, Mendocino,

Merced, Modoc, Mono,

Monterey, Napa, Nevada,

Placer, Plumas,

Sacramento, San Benito,

San Francisco, San

Joaquin, San Mateo, Santa

Clara, Santa Cruz, Shasta,

Sierra, Siskiyou, Solono,

Sonoma, Stainislaus,

Sutter, Tehama, Trinity,

Tulare, Tuolumne, Yolo,

and Yuba.

Colorado........................ ........................... Denver, CO........... 4730 Paris Street, Albrook

Center, Denver, CO 80239-

2804.

Connecticut..................... ........................... Hartford, CT......... Ribicoff Federal Building,

450 Main Street,

Hartford, CT 06103-3060.

Delaware........................ ........................... Philadelphia, PA..... 1600 Callowhill Street,

Philadelphia, PA 19130-

4112.

District of Columbia............ ........................... Arlington, VA........ 4420 North Fairfax Drive,

Arlington, VA 22203.

[[Page 61351]]

Florida......................... ........................... Miami, FL............ 7880 Biscayne Blvd. Miami,

FL 33138-4797.

Georgia......................... ........................... Atlanta, GA.......... 77 Forsyth Street, S.W.,

Atlanta, GA 30303-3427.

Guam............................ ........................... Agana, GU............ Pacific News Bldg., Room

801, 238 Archbishop

Flores Street, Agana, GU

96910.

Hawaii.......................... ........................... Honolulu, HI......... 595 Ala Moana Blvd.,

Honolulu, HI 96813.

Idaho........................... ........................... Helena, MT........... 2800 Skyway Drive, Helena,

MT 59601.

Illinois........................ ........................... Chicago, IL.......... 10 West Jackson Blvd.,

Chicago, IL 60604.

Indiana......................... ........................... Indianapolis, IN..... Gateway Plaza, 950 North

Meridian Street, Room

400, Indianapolis, IN

46204.

Iowa............................ ........................... Omaha, NE............ 3736 132nd Street, Omaha,

NE 68144.

Kansas.......................... ........................... Kansas City, MO...... 9747 North Conant Avenue,

Kansas City, MO 64153.

Kentucky........................ ........................... Memphis, TN.......... 1341 Sycamore View, Suite

100, Memphis,TN 38134.

Louisiana....................... ........................... New Orleans,LA....... Postal Services Building,

701 Loyola Avenue, Room T-

8011, New Orleans, LA

70113-1912.

Maine........................... ........................... Portland, ME......... 739 Warren Avenue,

Portland, ME 04103-1187.

Maryland........................ ........................... Baltimore, MD........ Nations Bank Center, Tower

One, 100 South Charles/

12th Floor, Baltimore, MD

21201-2725.

Massachusetts................... ........................... Boston, MA........... John F. Kennedy Federal

Bldg., Government Center,

Room E-160, Boston, MA

02203-0701.

Michigan........................ ........................... Detroit, MI.......... Federal Building, 333 Mt.

Elliott Street, Detroit,

MI 48207-4381.

Minnesota....................... ........................... St. Paul, MN......... 2901 Metro Drive, Suite

100, Bloomington, MN

55425.

Mississippi..................... Alcron, Attala, Benton, Memphis, TN.......... 1341 Sycamore View, Suite

Bolivar, Calhoun, Carroll, 100, Memphis, TN 38134.

Chickasaw, Choctaw, Clay,

Coahoma, DeSoto, Grenada,

Humphreys, Itawamba,

Lafayette, Lee, Leflore,

Lowndes, Marshall, Monroe,

Montgomery, Oktibbeha,

Panola, Pontotoc,

Prentiss, Quitman,

Sunflower, Tallahatchie,

Tate, Tippah, Tishomingo,

Tunica, Union, Washington,

Webster, Winston, and

Yalobusha.

Adams, Amite, Claiborne, New Orleans, LA...... Postal Services Building,

Clarke, Copiah, Covington, 701 Loyola Avenue, Room T-

Forrest, Franklin, George, 8011, New Orleans, LA

Greene, Hancock, Harrison, 70113-1912.

Hinds, Holmes, Issaquena,

Jackson, Jasper,

Jefferson, Jefferson

Davis, Jones, Kemper,

Lamar, Lauderdale,

Lawrence, Leake, Lincoln,

Madison, Marion, Neshoba,

Newton, Noxubee, Pearl

River, Perry, Pike,

Rankin, Scott, Sharkey,

Simpson, Smith, Stone,

Walthall, Warren, Wayne,

Wilkinson, and Yazoo.

Missouri........................ Andrew, Atchison, Barry, Kansas City, MO...... 9747 North Conant Avenue,

Barton, Bates, Benton, Kansas City, MO 64153.

Boone, Buchanan, Caldwell,

Callaway, Camden, Carroll,

Cass, Cedar, Christian,

Clay, Clinton, Cole,

Cooper, Dade, Dallas,

Daviess, De Kalb, Douglas,

Gentry, Greene, Grundy,

Harrison, Henry, Hickory,

Holt, Howard, Howell,

Jackson, Jasper, Johnson,

Laclede, Lafayette,

Lawrence, Livingston,

McDonald, Mercer, Miller,

Moniteau, Morgan, Newton,

Nodaway, Oregon, Osage,

Ozark, Pettis, Platte,

Polk, Pulaski, Putnam,

Ray, St. Clair, Saline,

Stone, Sullivan, Taney,

Texas, Vernon, Webster,

Worth, and Wright.

[[Page 61352]]

Adair, Audrain, Bollinger, St. Louis, MO........ Robert A. Young Federal

Butler, Cape Girardeau, Bldg., 1222 Spruce

Carter, Chariton, Clark, Street, Room 1100, St.

Crawford, Dent, Dunklin, Louis, MO 63103-2815.

Franklin, Gasconade, Iron,

Jefferson, Knox, Lewis,

Lincoln, Linn, Macon,

Madison, Maries, Marion,

Mississippi, Monroe,

Montgomery, New Madrid,

Pemiscot, Perry, Phelps,

Pike, Ralls, Randolph,

Reynolds, Ripley, St.

Charles, St. Francois, St.

Louis, Ste. Genevieve,

Schuyler, Scotland, Scott,

Shannon, Shelby, Stoddard,

Warren, Washington, and

Wayne.

Montana......................... ........................... Helena, MT........... 2800 Skyway Drive, Helena,

MT 59601.

Nebraska........................ ........................... Omaha, NE............ 3736 132nd Street, Omaha,

NE 68144.

Nevada.......................... Clark, Esmeralda, Lincoln, Las Vegas, NV........ 3373 Pepper Lane, Las

and Nye. Vegas, NV 89120.

Churchill, Douglas, Elko, Reno, NV............. 1351 Corporate Boulevard,

Eureka, Humboldt, Lander, Reno, NV 89502.

Lyon, Mineral, Pershing,

Storey, Washoe, and White

Pine.

New Hampshire................... ........................... Boston, MA........... John F. Kennedy Federal

Bldg., Government Center,

Room E-160, Boston, MA

02203-0701.

New Jersey...................... ........................... Newark, NJ........... Peter Rodino Federal

Building, 970 Broad

Street, Newark, NJ 07102-

2506.

New Mexico...................... ........................... El Paso, TX.......... 1545 Hawkins, Suite 167,

El Paso, TX 79925.

New York........................ Albany, Broome, Chenango, Albany, NY........... James T. Foley Federal

Columbia, Delaware, Courthouse, 445 Broadway,

Fulton, Greene, Hamilton, Room 227, Albany, NY

Herkimer, Madison, 12207-2999.

Montgomery, Onoeida,

Otsego, Rensselaer,

Saratoga, Schenectady,

Schoharie, Tioga, Warren,

and Washington.

Allegany, Cattaraugus, Buffalo, NY.......... 130 Delaware Avenue,

Cayuga, Chautauqua, Buffalo, NY 14202-2404.

Chemung, Clinton,

Cortland, Erie, Essex,

Franklin, Genesee,

Jefferson, Lewis,

Livingston, Monroe,

Niagara, Onandaga,

Ontario, Orleans, Oswego,

St. Lawrence, Schuyler,

Seneca, Steuben, Tompkins,

Wayne, Wyoming, and Yates.

Bronx, Dutchess, Kings, New York, NY......... 26 Federal Plaza, New

Nassau, New York, Orange, York, NY 10278-0127.

Putnam, Queens, Richmond,

Rockland, Suffolk,

Sullivan, Ulster, and

Westchester.

North Carolina.................. ........................... Charlotte, NC........ 6 Woodlawn Green, Bldg. 6,

Suite 138, Charlotte, NC

28217-2216.

North Dakota.................... ........................... St. Paul, MN......... 2901 Metro Drive, Suite

100, Bloomington, MN

55425.

Ohio............................ Adams, Athens, Brown, Cincinnati, OH....... J.W. Peck Federal

Butler, Champaign, Clark, Building, 550 Main

Clermont, Clinton, Darke, Street, Room 8525,

Delaware, Fairfield, Cincinnati, OH 45202.

Fayette, Franklin, Gallia,

Greene, Hamilton,

Highland, Hocking,

Jackson, Licking,

Lawrence, Logan, Madison,

Meigs, Miami, Montgomery,

Perry, Pickaway, Pike,

Preble, Ross, Scioto,

Shelby, Union, Vinton, and

Warren.

Allen, Ashland, Ashtabula, Cleveland, OH........ Anthony J. Celebreeze

Auglaize, Belmont, Federal Bldg., 1240 E.

Carroll, Columbiana, 9th Street, Room 1917,

Coshocton, Crawford, Cleveland, OH 44199.

Cuyahoga, Defiance, Erie,

Fulton, Geauga, Guernsey,

Hancock, Hardin, Harrison,

Henry, Holmes, Huron,

Jefferson, Knox, Lake,

Lorain, Lucas, Mahoning,

Marion, Medina, Mercer,

Monroe, Morgan, Morrow,

Muskingum, Noble, Ottawa,

Paulding, Portage, Putman,

Richland, Sandusky,

Seneca, Stark, Summit,

Trumbull, Tuscarawas, Van

Weft, Washington, Wayne,

Williams, Wood, and

Wyandot.

[[Page 61353]]

Oklahoma........................ ........................... Dallas, TX........... 8101 North Stemmons

Freeway, Dallas, TX

75247.

Oregon.......................... ........................... Portland, OR......... 511 N.W. Broadway,

Portland, OR 97209.

Pennsylvania.................... Adams, Berks, Bradford, Philadelphia, PA..... 1600 Callowhill Street,

Bucks, Cameron, Carbon, Philadelphia, PA 19130-

Centre, Chester, Clinton, 4112.

Columbia, Cumberland,

Dauphin, Delaware,

Franklin, Fulton,

Huntingdon, Juniata,

Lackawanna, Lancaster,

Lebanon, Lehigh, Luzerne,

Lycoming, Mifflin, Monore,

Montgomery, Montour,

Northampton,

Northumberland, Perry,

Philadelphia, Pike,

Potter, Schuylkill,

Snyder, Sullivan,

Susquehanna, Tioga, Union

Wayne, Wyoming, and York.

Allegheny, Armstrong, Pittsburgh, PA....... Federal Building, Room

Beaver, Bedford, Blair, 314, 1000 Liberty Avenue,

Butler, Cambria, Clarion, Pittsburgh, PA 15222-

Clearfield, Crawford, Elk, 4181.

Erie, Fayette, Forest,

Greene, Indiana,

Jefferson, Lawrence,

McKean, Mercer, Somerset,

Venango, Warren,

Washington, and

Westmoreland.

Puerto Rico..................... ........................... San Juan, PR......... P.O. Box 365068, San Juan,

PR 00936-5068.

Rhode Island.................... ........................... Providence, RI....... 200 Dyer Street,

Providence, RI 02903-

3993.

South Carolina.................. ........................... Charlotte, NC........ 6 Woodlawn Green, Bldg. 6,

Suite 138, Charlotte, NC

28217-2216.

South Dakota.................... ........................... St. Paul, MN......... 2901 Metro Drive, Suite

100, Bloomington, MN

55425.

Tennessee....................... ........................... Memphis, TN.......... 1341 Sycamore View, Suite

100, Memphis, TN 38134.

Texas........................... Anderson, Andrews, Archer, Dallas, TX........... 8101 North Stemmons

Armstrong, Bailey, Baylor, Freeway, Dallas, TX

Borden, Bosque, Bowie, 75247.

Briscoe, Callahan, Camp,

Carson, Cass, Castro,

Cherokee, Childress, Clay,

Cochran, Collin,

Collingsworth, Comanche,

Cooke, Cottie, Crosby,

Dallam, Dallas, Dawson,

Deaf Smith, Delta, Denton,

Dickens, Donley, Eastland,

Ellis, Erath, Fannin,

Fisher, Floyd, Foard,

Franklin, Freestone,

Gaines, Garza, Gray,

Grayson, Gregg, Hale,

Hall, Hamilton, Hansford,

Hardeman, Harrison,

Hartley, Haskell,

Hemphill, Henderson, Hill,

Hockley, Hood, Hopkins,

Houston, Howard, Hunt,

Hutchinson, Jack, Johnson,

Jones, Kaufman, Kent,

King, Knox, Lamar, Lamb,

Leon, Limestone, Lipscomb,

Lubbock, Lynn, Marion,

Martin, Mitchell,

Montague, Moore, Morris,

Motley, Navarro, Nolan,

Ochiltree, Oldham, Palo

Pinto, Panola, Parker,

Parmer, Potter, Rains,

Randall, Red River,

Roberts, Rockwall, Rusk,

Scurry, Shackelford,

Sherman, Smith, Somervell,

Stephens, Stonewall,

Swishers, Tarrant, Taylor,

Terry, Throckmorton,

Titus, Upshur, Van Zandt,

Wheeler, Wichita,

Wilbarger, Wise, Wood,

Yoakum, and Young.

Brewster, Crane, Culberson, El Paso, TX.......... 1545 Hawkins Suite 167, El

Ector, El Paso, Hudspeth, Paso, TX 79925.

Jeff Davis, Loving,

Midland, Pecos, Presidio,

Reeves, Terrell, Upton,

Ward, and Winkler.

Brooks, Cameron, Hidalgo, Harlingen, TX........ 2102 Teege Road,

Kenedy, Kleberg, Starr, Harlingen, TX 78550.

and Willacy.

[[Page 61354]]

Angelina, Austin, Brazoria, Houston, TX.......... 509 N. Sam Houston Parkway

Chambers, Colorado, Fort East, Houston, TX 77060.

Bend, Galveston, Grimes,

Hardin, Harris, Jasper,

Jefferson, Liberty,

Madison, Matagorda,

Montgomery, Nacogdoches,

Newton, Orange, Polk,

Sabine, San Augustine, San

Jacinto, Shelby, Trinity,

Tyler, Walker, Waller,

Washingoton, and Wharton.

Aransas, Aascosa, Bandera, San Antonia, TX...... 8940 Four Winds Drive,

Bastrop, Bee, Bell, Bexar, Suite 2020, San Antonia,

Blanco, Brozos, Brown, TX 78239.

Burleson, Burner,

Caldwell, Calhoun, Coke,

Coleman, Comal, Concho,

Coryell, Crockett, De

Witt, Dimmit, Duval,

Edwards, Falls, Fayette,

Frio, Gillespie,

Glasscock, Goliad,

Gonzales, Guadalupe, Harp,

Haynes, Irion, Jackson,

Jim Hogg, Jim Wells,

Karnes, Kendall, Kerr,

Kimble, Kinney, Lampasas,

La Salle, Lavaca, Lee,

Live Oak, Llano,

McCulloch, McLennan,

McMullen, Mason, Maverick,

Medina, Menard, Milam,

Mills, Nueces, Reagan,

Real, Refugio, Robertson,

Runnels, San Patricio, San

Saba, Schleicher,

Sterling, Sutton, Tom

Green, Travis, Uvalde, Val

Verde, Victoria, Webb,

Williamson, Wilson,

Zapata, and Zavala.

Utah............................ ........................... Salt Lake City, UT... 5272 South College Drive,

Suite 100, Salt Lake, UT

84123.

Vermont......................... ........................... St. Albans, VT....... Federal Building, P.O. Box

328, 50 South Maine

Street, St. Albans, VT

05478-0238.

Virginia........................ Accomack, Amelia, Norfolk, VA.......... Norfolk Commerce Park,

Brunswick, Caroline, 5280 Hennenman Drive,

Charles City, Norfolk, VA 23513.

Chesterfield, Colonial

Heights, Dinwiddie, Essex,

Fredericksburg,

Gloucester, Goochland,

Greensville, Hanover,

Henrico, Isle of Wight,

James City, King and

Queen, King William,

Lancaster, Louisa,

Lunenburg, Mathews,

Mecklenburg, Middlesex,

New Kent, Northampton,

Northumberland, Nottoway,

Powhatan, Prince Edward,

Prince George, Richmond,

Southhampton,

Spotsylvania, Surry,

Sussex, Westmoreland, and

York.

Albemarle, Alleghany, Arlington, VA........ 4420 North Fairfax Drive,

Amherst, Appomattox, Arlington, VA 22203.

Arlington, Augusta, Bath,

Bedford, Bland, Botetourt,

Buchanan, Buckingham,

Campbell, Carroll,

Charlotte, Clarke, Craig,

Culpepper, Cumberland,

Dickenson, Fairfax,

Fauquier, Floyd, Fluvanna,

Franklin, Frederick,

Giles, Grayson, Greene,

Halifax, Henry, Highland,

King George, Lee, Loudoun,

Madison, Montgomery,

Nelson, Orange, Page,

Patrick, Pittsylvania,

Prince William, Pulaski,

Rappahannock, Roanoke,

Rockbridge, Rockingham,

Russell, Scott,

Shenandoah, Smyth,

Stafford, Tazewell,

Warren, Warwick,

Washington, Wise, and

Wythe.

Virgin Islands.................. ........................... St. Thomas, VI....... P.C. Box 610, Federal

Building, Suite 117,

Veterans Drive, Charlotte

Amalie, St. Thomas, U.S.

Virgin Islands, 00801.

Washington...................... ........................... Seattle, WA.......... 815 Airport Way South,

Seattle, WA 98134.

West Virginia................... ........................... Pittsburgh, PA....... Federal Building, Room

314, 1000 Liberty Avenue,

Pittsburgh, PA 15222-

4181.

[[Page 61355]]

Wisconsin....................... ........................... Milwaukee, WI........ Federal Building, 517 East

Wisconsin Avenue, Room

186, Milwaukee, WI 53202.

Wyoming......................... ........................... Denver, CO........... 4730 Paris Street, Albrook

Center, Denver, CO 80239-

2804.

----------------------------------------------------------------------------------------------------------------

Submitting Verification Requests to INS

A copy of INS Form G-845 is attached, along with a supplemental

form that should be used to obtain more detailed information on

immigration status, citizenship, and sponsorship. (The supplemental

form may only be used in conjunction with Form G-845, not separately.)

Requests for verification on Form G-845 may be mailed to the

Immigration and Naturalization Service at the addresses listed on the

following pages. To speed processing, please indicate ``Attention:

Immigration Status Verifier'' on the envelope.

The attached form G-845 may be copied for submission to the INS; it

should be reproduced as a two-sided document. Additional copies may be

obtained in three ways:

1. Request Form G-845 from the INS Forms Distribution Center

serving your region:

Eastern Forms Center, P.O. Box 567, Williston, VT 05497 (east of the

Mississippi River)

Forms Center West, 5600 Rickenbacker Road, Building 701A, Bell, CA

90201 (west of the Mississippi River)

2. Download Form G-845 from the Internet: www.usdoj.gov/ins/forms.

3. Call the INS Forms Request Line: 1-800-870-3676. (Due to the

high volume of calls to this line, the best time to call is early on

weekday mornings.)

INS formerly required that Form G-845 be printed on blue paper

stock to distinguish it from Form G-845S, which is printed on white

paper. Form G-845 may now be submitted on white stock, and existing

copies on blue stock may also be submitted during this transition

period. As a result of this change, it is particularly important that

copies of the forms include the form number at the bottom of the page

to allow INS to distinguish between them.

When submitting copies of documents with Form G-845, please send

copies made from the originals, if possible, in order to enhance the

quality of the reproduction.

BILLING CODE 4410-10-M

[[Page 61356]]

[GRAPHIC] [TIFF OMITTED] TN17NO97.000

[[Page 61357]]

[GRAPHIC] [TIFF OMITTED] TN17NO97.001

[[Page 61358]]

[GRAPHIC] [TIFF OMITTED] TN17NO97.002

[[Page 61359]]

[GRAPHIC] [TIFF OMITTED] TN17NO97.003

BILLING CODE 4410-10-C

[[Page 61360]]

Attachment 2--Nondiscrimination Advisory

Various federal civil rights laws, regulations and executive orders

prohibit discrimination by governmental and private entities on the

basis of race, national origin, gender, religion, age and disability.

These laws, of course, apply to entities' implementation of Title IV of

the Personal Responsibility and Work Opportunity Reconciliation Act of

1996 (the ``Act''). Because of the particular potential for national

origin and race discrimination under the Act and its verification

requirements, and because persons with disabilities are more likely to

need benefits under various public benefit programs, this Advisory

focuses on the laws relating to discrimination based on national

origin, race and/or disability. Emphasizing these particular laws,

however, is in no way meant to minimize the importance of guarding

against all forms of illegal discrimination, and you should comply with

all nondiscrimination requirements applicable to your program.

A. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq.

(``Title VI'')

Because Title IV of the Act imposes new and significant

restrictions on the ability of noncitizens to receive federal, state or

local public benefits, there is particular potential for discrimination

on the basis of national origin. It is important to remember that,

although the Act limits the benefits available to some aliens, many

aliens will continue to be entitled to receive public benefits. If

improperly applied, the Act's restrictions may result in national

origin discrimination against applicants who are eligible to receive

benefits. It is therefore important to understand which aliens are

eligible for which benefits.

Title VI prohibits discrimination on the basis of race, color, or

national origin in any program or activity, whether operated by a

state, local or private entity, that receives federal funds or other

federal financial assistance. When operating or participating in a

federally assisted program, a benefit provider cannot, on the basis of

race, color or national origin, either directly or indirectly,

including through contractual means, distinguish among individuals in

the types, quantity, quality or timeliness of program services, aids or

benefits that it provides or the manner in which it provides them. This

prohibition applies to disparate treatment, as well as to the

utilization of facility neutral procedures, criteria or methods of

administration that have the effect of discriminating against

individuals because of their race, color, or national origin. Policies

and practices that are neutral in design and operation but have a

disparate impact based on race, color or national origin must be

eliminated unless they are necessary to the program's operation and

there is no less discriminatory alternative.

Violations of Title VI may be obvious or subtle. A benefit provider

that denies benefits or delays determinations of eligibility on the

basis of an individual's race, color or national origin may violate

Title VI. A benefit provider may violate Title VI if it concludes that

applicants are ineligible for benefits because they have ethnic

surnames or origins outside the United States, or because they look or

sound foreign. It also may violate Title VI if it acts upon the

assumption that applicants with these characteristics are illegal

aliens, or if it imposes additional eligibility requirements on ethnic

or racial minorities because of their ethnicity or race.

When confirming immigration status for purposes of determining

eligibility for public benefits, benefit providers should be aware that

there is no single immigration document that will establish all aliens'

qualifications to receive benefits under the Act. The types of

documents that an alien will be able to present to establish

immigration status will vary depending upon the status in which the

alien entered the U.S. and his or her individual circumstances.

Demanding that an alien present one specific type of document to the

exclusion of all other legally valid documents establishing immigration

status, or demanding more or different documentation based on

assumptions about the applicant's citizenship or national origin rather

than knowledge of such status obtained in a non-discriminatory fashion,

may constitute a violation of Title VI. For example, it may be

discriminatory to demand that a specific applicant present three

documents to establish her identity merely because she speaks Spanish

or looks Asian, while allowing English-speaking persons and non-Asians

to present only one identity document. It may also violate Title VI to

assume, based on an applicant's national origin, that his or her

documents are fraudulent.

B. Civil Rights Laws Applicable to Persons With Disabilities

Sections 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794

(``Section 504''), and the Americans with Disabilities Act of 1990, 42

U.S.C. 12101 et seq., prohibit discrimination on the basis of

disability by public entities and recipients of federal funds. Public

service providers are required to offer their services in locations

that are accessible to applicants with disabilities, including people

who use wheelchairs. In addition, service providers must ensure

effective communication with applicants who have impaired hearing,

vision, or speech, and service providers must make reasonable

modifications to their policies and practices to ensure that eligible

people with disabilities are not excluded from participation in a

program as a result of their disability. Appropriate auxiliary aids may

include sign language interpreters for applicants who have hearing

impairments or readers or audiotaped materials for applicants who have

vision impairments. Applicants who have impaired manual skills may

require assistance in completing forms. Citizens, non-citizen nationals

and qualified aliens with disabilities may find it difficult to provide

the information needed to establish their citizenship, nationality or

immigration status. Therefore, if an applicant has a disability that

limits the applicant's ability to provide the required evidence of

status (e.g., mental retardation, amnesia, or other cognitive, mental

or physical impairment), you should make every effort to assist the

individual to obtain the required evidence.

You should work with the applicant or his or her representative to

obtain leads for possible sources of evidence. In many cases, a current

or prior employer will have employment records for the individual that

will identify his or her immigration status and provide other relevant

information. You should also seek cooperation from local agencies, the

INS and other organizations (e.g., rehabilitation programs, advocacy

groups and homeless shelters) to assist the individual in obtaining

evidence from existing records. If the applicant has been granted

another benefit that is contingent upon being a U.S. citizen, U.S. non-

citizen national or qualified alien, contact that benefit-granting

agency to determine what evidence it relied upon to establish

eligibility. When conducting a search for documentation, use all

possible spelling variations of the applicant's name.

C. Other Applicable Federal Civil Rights Laws

There are a number of other federal civil rights laws that prohibit

[[Page 61361]]

discrimination based on other characteristics. They include the

following:

The Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq.

The Age Discrimination Act prohibits discrimination on the basis of

age in programs or activities receiving federal financial assistance.

There are specific exceptions to the general prohibition against age

discrimination, however, and you should consult the statute, 42 U.S.C.

6101 et seq., as well as the regulations published by the Department of

Health and Human Services, 45 CFR part 90, for further information

The Fair Housing Act, 42 U.S.C. 3601 et seq.

The Fair Housing Act prohibits discrimination in the provision of

housing based on race, color, religion, sex, familial status, national

origin or handicap.

D. Contact Numbers

Benefit providers with questions may call the following numbers for

information on the various federal civil rights laws:

Title VI--U.S. Department of Justice, Civil Rights Division,

Coordination and Review Section, 1-888-TITLE-06 (1-888-848-5306).

ADA--U.S. Department of Justice, Civil Rights Division, Disability

Rights Section, 1-800-514-0301 (voice) or 1-800-514-0383 (TDD).

Age Discrimination Act--U.S. Department of Health and Human

Services, 1-800-368-1019.

Fair Housing Act--U.S. Department of Housing and Urban Development,

1-800-669-9777 (voice) or 1-800-927-9275 (TDD).

Questions regarding discrimination in immigration status

verification procedures or other benefit-granting procedures can be

referred to the civil rights office of the pertinent benefit-granting

agency. Such questions can also be referred to the Office of Special

Counsel for Immigration Related Unfair Employment Practices in the

Civil Rights Division of the U.S. Department of Justice, 1-800-255-8155

(voice) or 1-800-237-2515 (TDD).

Attachment 3--Federal Public Benefits

Title IV of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996 (the ``Act'') applies only to non-exempted

``federal public benefits'' as defined by the Act, rather than to all

federally funded programs. (It also applies to certain state and local

public benefits, which are not the subject of this Attachment.) Under

the Act, benefit providers are only required to verify the immigration

status of applicants for benefits that fall within the Act's definition

of ``federal public benefits'' and are not specifically exempted from

the Act's requirements. (If the program independently requires benefit

providers to verify the citizenship, nationality and/or immigration

status of an applicant, however, you should continue to comply with

such requirements even if the program does not provide a ``federal

public benefit'' covered by the Act.) Set forth below is preliminary

guidance on the meaning of ``federal public benefit,'' as well as a

summary of the benefits specifically exempted from the Act's

verification requirements. If you have any questions as to whether a

particular program provides a federal public benefit covered by the Act

or a benefit that is exempted from the Act's requirements, you should

consult with the federal agency or department that oversees the

program.

Federal Public Benefit: A ``federal public benefit'' is:

(a) Any grant, contract, loan, professional license, or commercial

license provided by an agency of the United States or by appropriated

funds of the United States; or

(b) Any retirement, welfare, health, disability, public or assisted

housing, post-secondary education, food assistance, unemployment

benefit, or any other similar benefit for which payments or assistance

are provided to an individual, household, or family eligibility unit by

an agency of the United States or by appropriated funds of the United

States.

Subject to the list of exceptions set forth below, Title IV of the

Act precludes all aliens who are not ``qualified aliens'' from

receiving any ``federal public benefit.'' In determining whether a

program provides a ``federal public benefit,'' you should first

consider whether the program provides one of the benefits expressly

enumerated in either (a) or (b) above. Under (a), if your program

provides a ``grant,'' ``contract,'' ``loan,'' ``professional license,''

or ``commercial license'' to an individual, either through a U.S.

agency or with U.S. appropriated funds, then you provide a ``federal

public benefit.'' If you do not provide a benefit of the type

enumerated in (a), you should then go on to consider whether your

program provides a benefit covered by (b).

To fall within (b), the benefit provided by your program must be

one of the types of benefits described (``retirement,'' ``welfare,''

``health,'' ``disability,'' ``public or assisted housing,'' ``post-

secondary education,'' ``food assistance,'' ``unemployment benefit,''

or ``any other similar benefit''), it must be ``provided by an agency

of the United States or by appropriated funds of the United States,''

and it must be provided to one of the enumerated categories of

recipients (an ``individual household, or family eligibility unit'').

Thus, for example, if you provide an ``unemployment benefit'' to an

``individual, household, or family eligibility unit'' using

``appropriated funds of the United States,'' the definition is

satisfied. In contrast, if you provide generally available services

such as fire or ambulance services, or do not provide benefits to an

``individual, household, or family eligibility unit,'' or do not

provide benefits through an ``agency of the United States'' or with

``appropriated funds of the United States,'' the definition does not

apply.

If your program provides payments or assistance to an individual,

household or family eligibility unit through a U.S. agency or by U.S.

appropriated funds, but the benefits are not expressly enumerated

above, you should consider whether the benefits are ``similiar'' to one

of the benefits enumerated in (b). If you believe that the benefit is

arguably similar to an enumerated benefit, you should consult with the

federal agency or department that oversees your program to confirm that

the benefit constitutes a federal public benefit covered by the Act.

Finally, you should consider who is actually receiving the benefits

that you provide. Although the Act prohibits certain aliens from

receiving non-exempted ``federal public benefits,'' it does not

prohibit governmental or private entities from receiving federal public

benefits that they might then use to provide assistance to aliens, so

long as the benefit ultimately provided to the non-qualified aliens

does not itself constitute a ``federal public benefit.'' Thus, if a

local agency were to receive a ``grant'' (which is expressly identified

as a federal public benefit), but the agency uses it to provide police

services, fire protection or crime victim counseling (which are not

federal public benefits under the Act's definition because they are not

similar to an enumerated benefit), the prohibition would not apply.

Similarly, if you provide a ``grant'' to a community organization

(which is not an ``individual, household or family eligibility unit'')

that uses the funds to build a library or renovate a park (which are

not federal public benefits under the Act's definition), the

prohibition would not apply. In contrast, if the agency uses the

``grant'' to provide a ``federal public benefit''--e.g., a ``loan'' or

``welfare''

[[Page 61362]]

payment to a poor ``individual, household or family eligibility

unit''--then the prohibition would apply and non-qualified aliens would

be ineligible for such benefits.

Exceptions: The Act's verification requirements do not apply to all

``federal public benefits,'' as the Act specifically exempts certain

types of benefits. If a program provides ``federal public benefits''

that fall within one of the following exceptions, the program provider

is not required by this Act to, and should not attempt to, verify an

applicant's immigration status, unless otherwise required or authorized

to do so by federal law, except to the extent necessary to determine

whether the exemption applies:

Benefits covered by Attorney General Order No. 2049, 61 FR

45985 (1996), or any subsequent order, re: government-funded community

programs, services or assistance that are necessary for protection of

life or safety;

Any wages, pensions, annuities, or other earned payments

to which an alien is entitled as a result of federal, state, or local

government employment, provided that the alien is not residing or

present in the United States and provided that the employment was not

prohibited under the immigration laws;

Any veterans benefits to which an alien is entitled,

provided that the alien is not residing or present in the United

States;

Any contract, professional license, or commercial license

for a nonimmigrant whose visa for entry is related to such employment

in the U.S.;

Any contract, professional license, or commercial license

for a citizen of a freely associated state (Palau, the Federated States

of Micronesia, and the Marshall Islands), if section 141 of the

applicable compact of free association is in effect;

Any benefits that the U.S. is required to pay under the

reciprocal treaty agreements listed in the forthcoming Attorney General

Order to a work authorized nonimmigrant or alien lawfully admitted for

permanent residence qualified for such benefits;

Medical assistance under Title XIX of the Social Security

Act (or any successor program to such Title) for care and services that

are necessary for the treatment of an emergency medical condition (as

defined in section 1903(v)(3) of such Act) of the alien involved and

that are not related to an organ transplant procedure, if the alien

involved otherwise meets the eligibility requirements for medical

assistance under the state plan approved under such Title (other than

the requirement of the receipt of aid or assistance under Title IV of

such Act, SSI benefits under Title XVI of such Act, or a state

supplementary payment);

Short-term, non-cash, in-kind emergency disaster relief;

Public health assistance (not including any assistance

under Title XIX of the Social Security Act) for immunizations with

respect to immunizable diseases and for testing and treatment of

symptoms of communicable diseases whether or not such symptoms are

caused by a communicable disease;

Programs for housing or community development assistance

or financial assistance administered by the Secretary of Housing and

Urban Development (``HUD''), any program under Title V of the Housing

Act of 1949, or any assistance under section 306C of the Consolidated

Farm and Rural Development Act, to the extent that the alien is

receiving such a benefit on August 22, 1996;

Any benefit payable under Title II of the Social Security

Act to which entitlement is based on an application filed on or before

August 31, 1996, and any benefit covered by Attorney General Order No.

2054, 61 FR 47039 (1996), re: benefits payable under Title II of the

Social Security Act to an alien who is lawfully present in the U.S.;

Any benefit the nonpayment of which would contravene an

international agreement described in section 233 of the Social Security

Act (an agreement establishing totalization arrangements between the

social security system of the U.S. and that of any foreign country

which establishes entitlement to and the amount of old-age, survivors,

disability, or derivative benefits based on an individual's coverage

under both systems);

Any benefit the nonpayment of which would be contrary to

section 202(t) of the Social Security Act;

Any benefit under the school lunch program under the

National School Lunch Act, 42 U.S.C. 1751 et seq., or the school

breakfast program under section 4 of the Child Nutrition Act of 1966,

42 U.S.C. 1773, provided to an individual who is eligible to receive

free public education benefits under state or local law;

Any benefit payable under Title XVIII of the Social

Security Act (relating to the Medicare program) to an alien who is

lawfully present in the U.S., as determined by the Attorney General,

provided that, with respect to the attribution of the alien's wages for

purposes of eligibility for benefits payable under Part A of such

program, the alien was authorized to be employed; and

Any benefit payable under the Railroad Retirement Act of

1974 or the Railroad Unemployment Insurance Act to an alien who is

lawfully present in the U.S., as determined by the Attorney General, or

to an alien residing outside the U.S.

State Option: Each State may, but is not required to, provide

benefits under programs established under the laws listed below to

individuals who are not U.S. citizens, U.S. non-citizen nationals or

qualified aliens. You should determine whether your State is providing

such benefits to all persons, regardless of citizenship, alienage or

immigration status, or whether it is providing them only to U.S.

citizens, U.S. non-citizen nationals and qualified aliens. If your

State is providing such benefits to all persons, you should not verify

citizenship or immigration status; if it is limiting such benefits to

citizens, non-citizen nationals and qualified aliens, you may want to

use the Interim Guidance, in consultation with state and local

authorities, to verify citizenship and immigration status.

Programs (other than the school lunch program and the

school breakfast program) under the National School Lunch Act, 42

U.S.C. 1751 et seq., and the Child Nutrition Act of 1966, 42 U.S.C.

1771 et seq.;

Section 4 of the Agriculture and Consumer Protection Act

of 1973, 7 U.S.C. 612c note;

The Emergency Food Assistance Act of 1983, 7 U.S.C. 7501

et seq.; and

The food distribution program on Indian reservations

established under section 4(b) of the Food Stamp Act of 1977, 7 U.S.C.

2013(b).

Attachment 4--Interim Guidance Documentary Evidence of Status as a

U.S. Non-Citizen National

Copies of the following documents will, when combined with

satisfactory proof of identity (which will come from the document

itself if it bears a photograph of the person to whom it relates),

demonstrate that a person is a U.S. citizen or non-citizen national for

purposes of Title IV of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996, as amended by the Illegal

Immigration Reform and Immigrant Responsibility Act of 1996. (To the

extent citizenship or nationality of a child is relevant to a benefit

eligibility determination, the documents should demonstrate the child's

status rather than that of the parent.) The lists set forth in

Paragraphs A and B below are drawn from existing guidance published by

the Social Security Administration (``SSA'') and regulations issued by

the Immigration and

[[Page 61363]]

Naturalization Service (``INS'') regarding determination of U.S.

citizenship and nationality; the lists in Paragraphs C through F are

drawn solely from the SSA guidance. These lists are not exhaustive; you

should refer to guidance issued by the agency or department overseeing

your program to determine if it accepts documents or other evidence of

citizenship not listed below.

A. Primary Evidence

A birth certificate showing birth in one of the 50 States,

the District of Columbia, Puerto Rico (on or after January 13, 1941),

Guam, the U.S. Virgin Islands (on or after January 17, 1917), American

Samoa, Swain's Island or the Northern Mariana Islands, unless the

person was born to foreign diplomats residing in the U.S.

Note: If the document shows that the individual was born in

Puerto Rico, the U.S. Virgin Islands or the Northern Mariana Islands

before these areas became part of the U.S., the individual may be a

collectively naturalized citizen--see Paragraph C below.

United States passport (except limited passports, which

are issued for periods of less than five years);

Report of birth abroad of a U.S. citizen (FS-240) (issued

by the Department of State to U.S. citizens);

Certificate of birth (FS-545) (issued by a foreign service

post) or Certification of Report of Birth (DS-1350) (issued by the

Department of State), copies of which are available from the Department

of State;

Certificate of Naturalization (N-550 or N-570) (issued by

the INS through a Federal or State court, or through administrative

naturalization after December 1990 to individuals who are individually

naturalized; the N-570 is a replacement certificate issued when the N-

550 has been lost or mutilated or the individual's name has been

changed);

Certificate of Citizenship (N-560 or N-561) (issued by the

INS to individuals who derive U.S. citizenship through a parent; the N-

561 is a replacement certificate issued when the N-560 has been lost or

mutilated or the individual's name has been changed);

United States Citizen Identification Card (I-197) (issued

by the INS until April 7, 1983 to U.S. citizens living near the

Canadian or Mexican border who needed it for frequent border crossings)

(formerly Form I-179, last issued in February 1974);

Northern Mariana Identification Card (issued by the INS to

a collectively naturalized citizen of the U.S. who was born in the

Northern Mariana Islands before November 3, 1986);

Statement provided by a U.S. consular officer certifying

that the individual is a U.S. citizen (this is given to an individual

born outside the U.S. who derives citizenship through a parent but does

not have an FS-240, FS-545 or DS-1350); or

American Indian Card with a classification code ``KIC''

and a statement on the back (identifying U.S. citizen members of the

Texas Band of Kickapoos living near the U.S./Mexican border).

B. Secondary Evidence

If the applicant cannot present one of the documents listed in A

above, the following may be relied upon to establish U.S. citizenship

or nationality:

Religious record recorded in one of the 50 States, the

District of Columbia, Puerto Rico (on or after January 13, 1941), Guam,

the U.S. Virgin Islands (on or after January 17, 1917)), American

Samoa, Swain's Island or the Northern Mariana Islands (unless the

person was born to foreign diplomats residing in such a jurisdication)

within three months after birth showing that the birth occurred in such

jurisdiction and the date of birth or the individual's age at the time

the record was made;

Evidence of civil service employment by the U.S.

government before June 1, 1976;

Early school records (preferably from the first school)

showing the date of admission to the school, the child's date and place

of birth, and the name(s) and place(s) of birth of the parent(s);

Census record showing name, U.S. citizenship or a U.S.

place of birth, and date of birth or age of applicant;

Adoption Finalization Papers showing the child's name and

place of birth in one of the 50 States, the District of Columbia,

Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin

Islands (on or after January 17, 1917), American Samoa, Swain's Island

or the Northern Mariana Islands (unless the person was born to foreign

diplomats residing in such a jurisdiction) or, where or adoption is not

finalized and the State or other jurisdiction listed above in which the

child was born will not release a birth certificate prior to final

adoption, a statement from a state-approved adoption agency showing the

child's name and place of birth in one of such jurisdictions (NOTE: the

source of the information must be an original birth certificate and

must be indicated in the statement); or

Any other document that establishes a U.S. place of birth

or in some way indicates U.S. citizenship (e.g., a contemporaneous

hospital record of birth in that hospital in one of the 50 States, the

District of Columbia, Puerto Rico (on or after January 13, 1941), Guam,

the U.S. Virgin Islands (on or after January 17, 1917), American Samoa,

Swain's Island or the Northern Mariana Islands (unless the person was

born to foreign diplomats residing in such a jurisdiction).

C. Collective Naturalization

If the applicant cannot present one of the documents listed in A or

B above, the following will establish U.S. citizenship for collectively

naturalized individuals:

Puerto Rico:

Evidence of birth in Puerto Rico on or after April 11,

1899 and the applicant's statement that he or she was residing in the

U.S., a U.S. possession or Puerto Rico on January 13, 1941; or

Evidence that the applicant was a Puerto Rican citizen and

the applicant's statement that he or she was residing in Puerto Rico on

March 1, 1917 and that he or she did not take an oath of allegiance to

Spain.

U.S. Virgin Islands:

Evidence of birth in the U.S. Virgin Islands, and the

applicant's statement of residence in the U.S., a U.S. possession or

the U.S. Virgin Islands on February 25, 1927;

The applicant's statement indicating resident in the U.S.

Virgin Islands as a Danish citizen on January 17, 1917 and residence in

the U.S., a U.S. possession or the U.S. Virgin Islands on February 25,

1927, and that he or she did not make a declaration to maintain Danish

citizenship; or

Evidence of birth in the U.S. Virgin Islands and the

applicant's statement indicating residence in the U.S., a U.S.

possession or territory or the Canal Zone on June 28, 1932.

Northern Mariana Islands (NMI) (formerly part of the Trust

Territory of the Pacific Islands (TTPI)):

Evidence of birth in the NMI, TTPI citizenship and

residence in the NMI, the U.S., or a U.S. territory or possession on

November 3, 1986 (NMI local time) and the applicant's statement that he

or she did not owe allegiance to a foreign state on November 4, 1986

(NMI local time);

Evidence of TTPI citizenship, continuous residence in the

NMI since before November 3, 1981 (NMI local time), voter registration

prior to January 1, 1975 and the applicant's statement that he or she

did not owe allegiance to a foreign state on November 4, 1986 (NMI

local time); or

Evidence of continuous domicile in the NMI since before

January 1, 1974 and the applicant's statement that he or she did not

owe allegiance to a foreign state on November 4, 1986 (NMI local time).

[[Page 61364]]

Note: If a person entered the NMI as a nonimmigrant and lived in

the NMI since January 1, 1974, this does not constitute continuous

domicile and the individual is not a U.S. citizen.

D. Derivative Citizenship

If the applicant cannot present one of the documents listed in A or

B above, you should make a determination of derivative U.S. citizenship

in the following situations:

Applicant born abroad to two U.S. citizen parents:

Evidence of the U.S. citizenship of the parents and the

relationship of the applicant to the parents, and evidence that at

least one parent resided in the U.S. or an outlying possession prior to

the applicant's birth.

Applicant born abroad to a U.S. citizen parent and a U.S. non-

citizen national parent:

Evidence that one parent is a U.S. citizen and that the

other is a U.S. non-citizen national, evidence of the relationship of

the applicant to the U.S. citizen parent, and evidence that the U.S.

citizen parent resided in the U.S., a U.S. possession, American Samoa

or Swain's Island for a period of at least one year prior to the

applicant's birth.

Applicant born out of wedlock abroad to a U.S. citizen mother:

Evidence of the U.S. citizenship of the mother, evidence

of the relationship to the applicant and, for births on or before

December 24, 1952, evidence that the mother resided in the U.S. prior

to the applicant's birth or, for births after December 24, 1952,

evidence that the mother had resided, prior to the child's birth, in

the U.S. or a U.S. possession for a period of one year.

Applicant born in the Canal Zone or the Republic of Panama:

A birth certificate showing birth in the Canal Zone on or

after February 26, 1904 and before October 1, 1979 and evidence that

one parent was a U.S. citizen at the time of the applicant's birth; or

A birth certificate showing birth in the Republic of

Panama on or after February 26, 1904 and before October 1, 1979 and

evidence that at least one parent was a U.S. citizen and employed by

the U.S. government or the Panama Railroad Company or its successor in

title.

All other situations where an applicant claims to have a U.S.

citizen parent and an alien parent, or claims to fall within one of the

above categories but is unable to present the listed documentation:

If the applicant is in the U.S., refer him or her to the

local INS office for determination of U.S. citizenship;

If the applicant is outside the U.S., refer him or her to

the State Department for a U.S. citizenship determination.

E. Adoption of Foreign-Born Child by U.S. Citizen

If the birth certificate shows a foreign place of birth

and the applicant cannot be determined to be a naturalized citizen

under any of the above criteria, obtain other evidence of U.S.

citizenship;

Since foreign-born adopted children do not automatically

acquire U.S. citizenship by virtue of adoption by U.S. citizens, refer

the applicant to the local INS district office for a determination of

U.S. citizenship if the applicant provides no evidence of U.S.

citizenship.

F. U.S. Citizenship By Marriage

A woman acquired U.S. citizenship through marriage to a U.S.

citizen before September 22, 1922. Ask for: Evidence of U.S.

citizenship of the husband, and evidence showing the marriage occurred

before September 22, 1922.

Note: If the husband was an alien at the time of the marriage,

and became naturalized before September 22, 1922, the wife also

acquired naturalized citizenship. If the marriage terminated, the

wife maintained her U.S. citizenship if she was residing in the U.S.

at that time and continued to reside in the U.S.

G. Applicants With Disabilities and Nondiscrimination

If an applicant has a disability that limits the applicant's

ability to provide the required evidence of citizenship or nationality

(e.g., mental retardation, amnesia, or other cognitive, mental or

physical impairment), you should make every effort to assist the

individual to obtain the required evidence. In addition, you should not

discriminate against applicants on the basis of race, national origin,

gender, religion, age or disability. See Nondiscrimination Advisory,

Attachment 2 to Interim Guidance.

Attachment 5--Interim Guidance--Documentary Evidence of Status as A

``Qualified Alien'' Eligible for Federal Public Benefits

The documents listed below (descriptions of which are provided in

Exhibit A) will, when combined with satisfactory proof of identity

(which will come from the document itself if it bears a photograph of

the person to whom it relates), establish that an applicant falls

within one of the categories of ``qualified alien'' for purposes of

title IV of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996, as amended by the Illegal Immigration

Reform and Immigrant Responsibility Act of 1996.

Under the Immigration and Nationality Act (the ``INA''), all aliens

over the age of 14 who remain in the United States for longer than 30

days are required to register with the Immigration and Naturalization

Service (the ``INS'') and obtain an alien registration document. All

aliens over the age of 18 who receive a registration document are

required to carry it with them at all times. With certain exceptions

(e.g., Canadian visitors), aliens entering the U.S. are normally issued

a registration document (e.g., an INS Form I-94) at the time of entry.

The documents listed below that are registration documents are

indicated with an asterisk (``*'').

Each of the documents listed below will demonstrate lawful status,

and you should not require presentation of a registration document if

the applicant presents one of the other legally acceptable documents

that reasonably appears on its face to be genuine and to relate to the

person presenting it. However, if the document presented is not a

registration document and does not on its face reasonably appear to be

genuine or to relate to the person presenting it, it is appropriate to

ask the applicant to produce his or her registration document as

additional evidence of immigration status, so long as the request is

not made for a discriminatory reason (see Nondiscrimination Advisory,

Attachment 2 to Interim Guidance). Presentation of a registration

document listed below that reasonably appears on its face to be genuine

and to relate to the person presenting it (or to satisfy a higher

applicable standard) will often obviate the need to verify the

applicant's immigration status with the INS; if the applicant presents

a registration document that does not meet this standard, sending the

INS a copy of the document will assist it in verifying the applicant's

status quickly and accurately.

Alien Lawfully Admitted for Permanent Residence

*INS Form I-551 (Alien Registration Receipt Card, commonly

known as a ``green card''); or

Unexpired Temporary I-551 stamp in foreign passport or on

*INS Form I-94.

Asylee

*INS Form I-94 annotated with stamp showing grant of

asylum under section 208 of the INA;

[[Page 61365]]

*INS Form I-688B (Employment Authorization Card) annotated

``274a.12(a)(5)'';

*INS Form I-766 (Employment Authorization Document)

annotated ``A5'';

Grant letter from the Asylum Office of INS;or

Order of an immigration judge granting asylum.

Refugee

*INS Form I-94 annotated with stamp showing admission

under Sec. 207 of the INA;

*INS Form I-688B (Employment Authorization Card) annotated

``274a.12(a)(3)'';

*INS Form I-766 (Employment Authorization Document)

annotated ``A3''; or

INS Form I-571 (Refugee Travel Document).

Alien Paroled Into the U.S. for a Least One Year

*INS Form I-94 with stamp showing admission for at least

one year under section 212(d)(5) of the INA. (Applicant cannot

aggregate periods of admission for less than one year to meet the one-

year requirement.)

Alien Whose Deportation or Removal Was Withheld

*INS Form I-688B (Employment Authorization Card) annotated

``274a.12(a)(10)'';

*INS Form I-766 (Employment Authorization Document)

annotated ``A10''; or

Order from an immigration judge showing deportation

withheld under Sec. 243(h) of the INA as in effect prior to April 1,

1997, or removal withheld under Sec. 241(b)(3) of the INA.

Alien Granted Conditional Entry

*INS Form I-94 with stamp showing admission under

Sec. 203(a)(7) of the INA;

*INS Form I-688B (Employment Authorization Card) annotated

``274a.12(a)(3)''; or

*INS Form I-766 (Employment Authorization Document)

annotated ``A3.''

Cuban/Haitian Entrant

*INS Form I-551 (Alien Registration Receipt Card, commonly

known as a ``green card'') with the code CU6, CU7, or CH6;

Unexpired temporary I-551 stamp in foreign passport or on

*INS Form I-94 with the code CU6 or CU7; or

INS Form I-94 with stamp showing parole as ``Cuba/Haitian

Entrant'' under Section 212(d)(5) of the INA.

Alien Who Has Been Battered or Subjected to Extreme Cruelty

Guidance as to the requirements that must be met for an alien to

fall within this category of qualified alien is set forth in Exhibit B.

Note that Title IV, as amended by the Illegal Immigration Reform and

Immigrant Responsibility Act of 1996, contains provisions requiring

that, upon the effective date of the new affidavit of support (required

under section 213A of the Act), when determining eligibility for

federal means-tested public benefits and the amount of such benefits to

which an alien is entitled, the income and resources of the alien be

deemed to include those of any person executing an affidavit of support

on behalf of the alien and that person's spouse. Certain exceptions are

made for indigent qualified aliens and for qualified aliens who (or

whose children) have been battered or subjected to extreme cruelty in

the U.S. by a spouse, parent or member of the spouse or parent's family

and for qualified alien children whose parents have been subjected to

such abuse. See Attachment 5, Exhibit B, Section II.

Expired or Absent Documentation

If an applicant presents expired documents or is unable to present

any documentation evidencing his or her immigration status, refer the

applicant to the local INS office to obtain documentation of status. In

unusual cases involving applicants who are hospitalized or medically

disabled, or who can otherwise show good cause for their inability to

present documentation, and for whom securing such documentation would

constitute an undue hardship, if the applicant can provide an alien

registration number, you may file INS Form G-845 and Supplement, along

with the alien registration number and a copy of any expired INS

document presented, with the local INS office to verify status. As with

any documentation of immigration status, you should confirm that the

status information you receive back from INS pertains to the applicant

whose identity you have verified.

Receipt for Replacement Document

If an applicant presents a receipt indicating that he or she has

applied to the INS for a replacement document for one of the documents

identified above, file INS Form G-845 and Supplement along with a copy

of the receipt with the local INS office to verify status. Upon return

receipt of information from INS, confirm that it pertains to the

applicant whose identity you have verified. You should ask to see the

replacement document at a later date.

Applicants with Disabilities and Nondiscrimination

If an applicant has a disability that limits the applicant's

ability to provide the required evidence of immigration status (.e.g.,

mental retardation, amnesia, or other cognitive, mental or physical

impairment), you should make every effort to assist the individual to

obtain the required evidence. In addition, you should not discriminate

against applicants on the basis of race, national origin, gender,

religion, age or disability. See Nondiscrimination Advisory, Attachment

2 to Interim Guidance.

Local INS Offices

A list of local INS offices and their addresses is set forth in

Attachment 1 to the Interim Guidance. Attachment 1 also includes a copy

of INS Form G-845 and the Supplement thereto to be used to verify

immigration status pursuant to the Interim Guidance.

EXHIBIT A TO ATTACHMENT 5

``PINK'' I-551 ``RESIDENT ALIEN'' CARD

FRONT: Pink background (blue header bar); blue INS seal overlaps

photo area. Repeating ``I-551'' becomes visible when card is tilted

under normal light. Expiration date on front of card: Moth, day, and

year.

BACK: Color gradually changes from pink to blue, with map of

U.S. in white. Three lines of machine readable printing at bottom on

white background. Immigrant classification and admission/adjustment

date on back of card. First set of code is immigrant classification,

beginning with letter(s) followed by numbers(s). Third set of code

is admission/adjustment date, beginning with year, month, and day.

``WHITE'' I-551 ``RESIDENT ALIEN'' CARD

FRONT: White background (blue header bar); salmon lines cover

the photo in an unbroken pattern. Printing ``detail'' in eagle is

excellent. Immigrant classification is on front of card in lower

right corner, beginning with letter(s) followed by number(s).

BACK: Pale greenish background, map of U.S. in white. Three

lines of machine readable codes. Admission/adjustment date is at

bottom, left corner on back of card, beginning with year, month, and

day.

UNEXPIRED FOREIGN PASSPORT WITH I-551 STAMP

An I-551 stamp may be present in a foreign passport, with a

handwritten ``Valid Until'' date. A proof of entry and inspection

stamp will also present in the passport, similar to the stamp for an

I-94. Date of entry is stamped. Immigrant visa classification

(letter and number) is printed or stamped on ``Admitted'' line.

Valid status expires on date enumerated at ``Until'' section of I-

551 stamp. The alien number may be printed beginning with letter A.

[[Page 61366]]

I-94 ARRIVAL/DEPARTURE RECORD

Proof of entry is signified by U.S. immigration stamp. Date of

entry is stamped. Non-immigrant visa classification (letter or

letter and number) is printed or stamped on ``Admitted'' line. Valid

status expires on date enumerated at ``Until'' section of stamp.

Refugees and asylees each receive a separate INS stamp. Asylum

seekers have ``valid to'' date, while refugees have a date of

admission.

``RED'' I-688B ``EMPLOYMENT AUTHORIZATION''

FRONT: White background, read header bar and yellow interlocking

wavy lines, gold INS seal becomes visible when tilted under normal

light. Expiration date is on front, month, day, and year.

BACK: Red outline of U.S., Alaska, and Hawaii. The word ``Void''

is capitalized and underlined.

``RED'' I-766 ``EMPLOYMENT AUTHORIZATION''

FRONT: White background, red header bar. Statue of Liberty, USA,

and Immigration and Naturalization Service symbols become visible

when tilted under normal light. Expiration date is at bottom, right

corner. Non-immigrant category listed over justice seal by a letter

and number abbreviation of the 274A.12 immigration law citation.

BACK: White background, black magnetic strip and bar code.

DECISION GRANTING ASYLUM

Documents issued to aliens, granted asylum vary.

REFUGEE TRAVEL DOCUMENT FORM I-571

Form I-571 is issued by the INS to aliens who have been granted

refugee status.

ORDER GRANTING WITHHOLDING OF DEPORTATION

The documents used by immigration judges to grant withholding of

deportation vary.

EXHIBIT B TO ATTACHMENT 5--ALIENS WHO HAVE BEEN BATTERED OR SUBJECTED

TO EXTREME CRUELTY WITHIN THE MEANING OF SECTION 431 OF THE ACT

INTRODUCTION

Section 431 of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996 (the ``Act''), as amended by section 501

of the Illegal Immigration Reform and Immigrant Responsibility Act

of 1996 (the ``Immigration Act'') and sections 5571-72 and 5581 of

the Balanced Budget Act of 1997 (``the Budget Act''), provides that

certain categories of aliens who have been subjected to battery or

extreme cruelty in the United States by a family member with whom

they resided are ``qualified aliens'' eligible for public benefits

under the Act. An alien whose child or an alien child whose parent

has been abused is also a ``qualified alien.'' Additionally, section

421 of the Act, as amended by section 552 of the Immigration Act and

section 5571 of the Budget Act, exempts this group of battered

aliens from the Act's new deeming requirements for a period of one

year, and for longer if the battery or cruelty has been recognized

in an order of a judicial officer or an administrative law judge or

in an Immigration and Naturalization Service (``INS'')

determination.

CONSIDERATIONS AFFECTING ALL APPLICANTS

Benfit providers should observe the following protocol with

regard to all applicants who seek qualified alien status under

section 431(c) of the Act:

(1) This Exhibit should be interpreted consistently with the

principles set forth in the Interim Guidance, including, but not

limited to, its standards for acceptance of documents demonstrating

status, its nondiscrimination advisory and its provisions regarding

whether to grant or withhold benefits pending verification of

qualified alien status. In addition, as specified in the Interim

Guidance, a provider should determine whether an applicant otherwise

meets specific program requirements for benefit eligibility before

initiating the verification process described below, unless

determining program eligibility would be considerably more complex

and time-consuming than verifying immigration status. (In the case

of providers who are considering referring individual applicants to

the Social Security Administration for issuance of a Social Security

number, the provider should first determine that the applicant is

otherwise eligible for program benefits.)

(2) Many of the applicants seeking assistance pursuant to this

provision will need assistance on various matters relating to both

their immigration status and their domestic violence-related

concerns. You should therefore direct applicants to the INS forms

request line (1-800-870-3676) so that applicants who are eligible to

self-petition under the Violence Against Women Act, 8 U.S.C.

1154(a)(1), but have yet to do so, may request an INS Form I-360 and

filing instructions. You should also refer them to the National

Domestic Violence Hotline (1-800-799-7233) so that applicants may

obtain assistance from a local domestic violence service provider

and referrals to immigration attorneys. (A copy of INS Form I-360 is

attached to this Exhibit).

(3) Except where this attachment directs otherwise, when asking

the INS or the Executive Office for Immigration Review (``EOIR'') to

verify an applicant's immigration status, a benefit provider should

submit a verification request form. Sample INS and EOIR verification

forms (hereinafter ``the INS Request Form'' and ``the EOIR Request

Form'' respectively) are attached hereto. These samples must be

replicated and submitted on your agency's letterhead in order for

INS or EOIR to provide verification information. The INS Request

Form should be faxed to the INS Vermont Service Center (fax: (802)

527-3159; tel: (802) 527-3160); the EOIR Request Form should be

faxed to the office of the appropriate immigration court (a list of

the immigration courts and their addresses, fax numbers and

telephone numbers is also attached to this Exhibit). In certain

limited circumstances described below, the benefit provider should

submit its verification request by filing INS Form G-845 and the G-

845 Supplement with the local INS office. Attachment 1 to the

Interim Guidance includes a copy of INS Form G-845 and the G-845

Supplement to be used as indicated below, as well as a list of local

INS offices.

(4) You should not share any information that you receive from

or regarding the applicant with any member of his or her family or

any other third party, without the express written permission of the

applicant.

I. PROCEDURES FOR DETERMINING QUALIFIED ALIEN STATUS

An alien is a ``qualified alien'' eligible for public benefits

under section 431(c) of the Act if he or she meets the following

four requirements:

(1) the INS or the EOIR has granted a petition or application

filed by or on behalf of the alien, the alien's child, or the alien

child's parent under one of several subsections of the Immigration

and Nationality Act (``INA'') described below or has found that a

pending petition sets forth a prima facie case;

(2) the alien, the alien's child, or the alien child's parent

has been abused in the United States \1\ as detailed below:

---------------------------------------------------------------------------

\1\ Some applicants may possess documents demonstrating that

they have been admitted to the United States because of battery or

extreme cruelty that occurred outside of the United States, but this

is insufficient by itself to make them eligible for benefits under

section 431(c). Section 431(c) does not apply unless some battery or

extreme cruelty occurred in the United States.

---------------------------------------------------------------------------

(a) in the case of the abused alien: the alien has been battered

or subjected to extreme cruelty in the United States by a spouse or

parent of the alien, or by a member of the spouse or parent's family

residing in the same household as the alien, if the spouse or parent

consents to or acquiesces in such battery or cruelty;

(b) in the case of an alien whose child is abused: the alien's

child has been battered or subjected to extreme cruelty in the

United States by a spouse or parent of the alien, or by a member of

the spouse or parent's family residing in the same household as the

alien if the spouse or parent consents to or acquiesces in such

battery or cruelty, and the alien did not actively participate in

the batter or cruelty;

(c) in the case of an alien child whose parent is abused: the

alien child's parent has been battered or subjected to extreme

cruelty in the United States by the parent's spouse, or by a member

of the spouse's family residing in the same household as the parent,

if the spouse consents to or acquiesces in such battery or cruelty;

(3) there is a substantial connection between the battery or

extreme cruelty and the need for the public benefit sought; and

(4) the battered alien, child, or parent no longer resides in

the same household as the abuser.

Each of these four requirements, and processes for assuring that

an applicant meets these requirements, are discussed in detail

below. (In addition to these four requirements, the alien must of

course meet the eligibility criteria of the particular

[[Page 61367]]

program from which benefits are sought.) A benefit provider must

determine that an applicant satisfies all four requirements. If an

applicant presents documentation indicating that an INS I-130

petition has been filed on the applicant's behalf under the INA

provisions listed in subparagraph (a) of requirement one below, or

that the applicant has filed an INS I-360 petition under the INA

provisions listed in subparagraph (b) of requirement one below, the

benefit provider should determine whether the applicant meets the

other three requirements for qualified alien status (including

battery or extreme cruelty) before verifying his or her immigration

status with the INS. If an applicant presents documentation

indicating that he or she has filed an INS I-360 petition based on

one of the INA provisions listed in subparagraph (c) or (d) of

requirement one below, or has sought suspension of deportation or

cancellation of removal from the EOIR under one of the INA

provisions listed in subparagraph (e) of requirement one below, INS

or EOIR will make the determination as to battery or extreme

cruelty. In such cases, the benefit provider may contact the INS or

the EOIR as applicable to initiate the verification process prior to

determining if the applicant meets the other two requirements for

qualified alien status. After contacting the INS or the EOIR, the

benefit provider should continue reviewing the applicant's

eligibility for qualified alien status under requirements three and

four below, and should not delay this evaluation while awaiting a

response from the INS or the EOIR.

Requirement 1: Appropriate INS Status. You must determine that

the INS or the EOIR, as applicable, has approved an applicant's

petition or application or has found that the applicant's pending

petition or application sets forth a prima facie case, under one of

the following provisions of the INA:

(a) Section 204(a)(1)(A)(i) and 204(a)(1)(B)(i) of the INA

(governing eligibility to receive law permanent resident (``LPR'')

status as a spouse or child of a U.S. citizen, or as a spouse, child

or unmarried son or daughter of an LPR, based on the petition of a

spouse or parent);

(b) Section 204(a)(1)(A)(ii) of the INA (governing eligibility

to apply for LPR status as an alien who is the widow or widower of a

U.S. citizen to whom the alien had been married for at least two

years at the time of such citizen's death);

(c) Sections 204(a)(1)(A)(iii) and 204(a)(1)(B)(ii) of the INA

(governing eligibility to apply for LPR status as an alien who is

the spouse of a U.S. citizen or LPR, who has resided with the spouse

in the United States, and who (or whose child) has been subjected to

battery or cruelty in the United States by his or her spouse);

(d) Sections 204(a)(1)(A)(iv) and 204(a)(1)(B)(iii) of the INA

(governing eligibility to apply LPR status as an alien who is the

child of a U.S. citizen or LPR, and who has resided with that parent

in the United States and been subjected to battery or cruelty in the

United States by his or her citizen or LPR parent); or

Section 244(a)(3) of the INA as in effect prior to April 1,

1997, or section 204A(b)(2) of the INA (governing the Attorney

General's authority to suspend deportation or cancel the removal and

adjust the status of an alien if the alien or the alien's child has

been subjected to battery or extreme cruelty in the United States by

a spouse or parent who is a U.S. citizen or LPR).\2\ Note: Only this

provision of the INA allows the alien parent of a battered child to

obtain relief from deportation or removal even if he or she is not

married to the U.S. citizen or LPR parent. This includes aliens who

were never married to the U.S. citizen or LPR parent, aliens who are

divorced from the U.S. citizen or LPR. Under the provisions

described in (a)-(d) above, the alien must have been married to the

U.S. citizen or LPR spouse at the time the petition was filed.

Unmarried children of U.S. citizen or LPRs less than 21 years of age

may petition for admission as a battered child under the provision

described in (a) or (d) at any time, regardless of their parents'

marital status.

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\2\ While this provision includes unabused alien parents of

battered children, it does not include unabused alien children of

battered parents. This rule stands in contrast to the self-

petitioning provisions described in (c) above, which battered

spouses of U.S. citizen or LPRs can include their alien children in

their petitions for status.

---------------------------------------------------------------------------

Documentation

As set forth in Step 3 of the Interim Guidance regarding

verification of qualified alien status, you should ask the alien to

present documentation demonstrating his or her immigration status.

As described in the Interim Guidance, if the documentation indicates

that the applicant fall into one of the categories listed in (a)-(e)

above and reasonably appears on its face to be genuine (or, if your

program already has existing guidance or procedures mandating a

higher standard of proof for acceptance of documentary evidence of

immigration status, the document satisfies that higher standard) and

to relate to the individual presenting it, you should accept the

documentation as conclusive evidence that the applicant satisfies

requirement one and should not verify immigration status with the

INS or the EOIR. If, based on your review of the documents

presented, you are considering determining that an applicant does

not have the requisite immigration status and thus is not eligible

for the benefits requested based on his or her immigration status--

e.g., because the documents does not on its face reasonably appear

to be genuine (or to satisfy a higher applicable standard), to

demonstrate that the applicant falls into any of the categories

listed in (a)-(e) above, or to relate to the person presenting it--

you should check with the INS or the EOIR as applicable to verify

the information presented by the applicant. To verify status with

the INS, in most cases, your should fax the INS Request Form, on

your agency letterhead, as well as a copy of the document(s)

provided by the applicant, to the INS Vermont Service Center. In

some cases, as detailed in footnote three below, request for INS

verification should be submitted to the local INS office using from

G-845 and its supplement. To verify status with the EOIR, you should

fax the EOIR Request Form on your agency letterhead, as well as a

copy of the document(s) provided by the applicant, to the court

administrator of the appropriate immigration court.

Applicants who have filed a petition or application or had a

petition or application filed on their behalf, as applicable, under

any of the above-described provisions of the INA will apply to a

benefit provider in one of seven possible situations described

below.

(1) With documentation evidencing an approved petition or

application under one of the provisions listed in (a)-(e) above:

(a) INS Form I-551 (``Resident Alien Card'' or ``Alien

Registration Receipt Card'', commonly known as a ``green card'')

with one of the following INS class of admission (``COA'') codes

printed on the front of a white card or the back of a pink card

demonstrates approval of a petition under paragraphs (a)-(b) above:

\3\ AR1, AR6, C20 through C29, CF1, CF2, CR1, CR2, CR6, CR7, CX1

through CX3, CX6 through CX8, F20 through F29, FX1 through FX3, FX6

through FX8, IF1, IF2, IR1 through IR4, IR6 through IR9, IW1, IW2,

IW6, IW7, MR6, MR7, P21 through P23, or P26 through P28;

---------------------------------------------------------------------------

\3\ The green card codes, green card types, and stamps in

foreign passports or on INS Form I-94 that demonstrate an approved

petition or application under one of the provisions listed in (a)-

(b) above are too numerous to describe here. If an alien claiming

approved status presents a code different than those enumerated, or

if you cannot determine the class of admission from the I-551 stamp,

you should file INS Form G-845, and the G-845 Supplement (mark item

six on the Supplement) along with a copy of the document(s)

presented, with the local INS office in order to determine whether

the applicant gained his or her status because he or she was the

spouse, widow, or child of a U.S. citizen or the spouse, child, or

unmarried son or daughter of an LPR. (See Attachment 1 to Interim

Guidance.)

---------------------------------------------------------------------------

(b) INS Form I-551 with one of the following COA codes stamped

on the lower left side of the back of a pink card demonstrates

approval of a petition under paragraphs (c)-(d) above: IB1 through

IB3, IB6 through IB8, B11, B12, B16, B17, B20 through B29, B31

through B33, B36 through B38, BX1 through BX3, or BX6 through BX8;

(c) INS Form I-551 with COA code Z13 may demonstrate approval of

a petition under paragraph (e) above; if an alien claiming approved

status presents a card bearing the code Z13, determine where the

card was issued by asking the alien where he or she received the

grant of suspension of deportation, and then fax the EOIR Request

Form on your agency letterhead, as well as a copy of the card and

any other document(s) presented by the alien, to the EOIR court that

granted the alien's suspension. If the alien does not recall where

the grant of suspension of deportation was received, compare the

city code on the card to the list of city codes attached to this

Exhibit, and fax the EOIR Request Form on your agency letterhead, as

well as a copy of the card and any other document(s) presented by

the alien, to the Court Administrator of the EOIR court closest to

the city where the green card was issued;

(d) Unexpired Temporary I-551 stamp in foreign passport or on

INS Form I-94 with one of the COA codes specified in the preceding

three paragraphs (if the temporary stamp or the INS Form I-94 bears

the code

[[Page 61368]]

Z13, follow the process described immediately above); if it bears

another code or you cannot determine what the COA code is, follow

the process outlined in footnote three; \4\

---------------------------------------------------------------------------

\4\ If an applicant possesses the documents listed in items (a)

through (d), the applicant has established that he or she is a

lawful permanent resident and therefore is a qualified alien. You

should nonetheless proceed with the analysis of requirements 2

through 4 to determine if the applicant qualifies for the battered

exception to the deeming provisions (see Part IIA below).

---------------------------------------------------------------------------

(e) INS Form I-797 indicating approval of an INS I-130 petition

(only I-130 petitions describing the following relationships may be

accepted: husbands or wives of U.S. citizens or LPRs, unmarried

children under 21 years old of U.S. citizens or LPRs, or unmarried

children 21 or older of LPRs), or approval of an I-360 petition

(only I-360 approvals based on status as a widow/widower of a U.S.

citizen or as a self-petitioning spouse or child of an abusive U.S.

citizen or LPR may be accepted); \5\ or

---------------------------------------------------------------------------

\5\ INS Form I-797 is used for numerous categories of petitions,

and is used to indicate both receipt of a petition and approval or

denial of a petition. It will also be used to indicate that an

applicant has set forth a prima facie case. Thus, it is important to

read the language on the Form I-797 presented by an applicant to

ensure that it is more than a receipt, and specifically that it (a)

denotes filing under one of the provisions specified above, and (b)

denotes approval of the petition or a finding that a prima facie

case has been demonstrated. Sample copies of Form I-797 are attached

to this Exhibit.

---------------------------------------------------------------------------

(f) A final order of an Immigration Judge or the Board of

Immigration Appeals granting suspension of deportation under section

244(a)(3) of the INA as in effect prior to April 1, 1997, or

cancellation of removal under section 240A(b)(2) of the INA. If the

court or Board order does not indicate that suspension of

deportation or cancellation of removal was granted under section

244(a)(3) or 240A(b)(2), you should fax the EOIR Request Form on

your agency letterhead, as well as a copy of the order, to the court

administrator of the EOIR court issuing the order, and ask the court

to notify you of the INA provision under which the applicant was

granted relief.

(2) With documentation demonstrating that the applicant has

established a prima facie case \6\ under one of the provisions

described in (c), (d) or (e) above:

---------------------------------------------------------------------------

\6\ Because the INS has not previously been required to conduct

prima facie assessments, it is implementing procedures (which will

become effective upon publication of an interim rule) to expedite

the review of I-360 petitions under the provisions described in (c)

and (d) above and to notify the applicant within three weeks of INS'

receipt of the petition if he or she has set forth a prima facie

case. Similarly, the EOIR has not previously been required to

conduct the prima facie assessment which is required under the

provisions described in (e) above. The EOIR is currently working to

implement a process for determining whether an applicant has set

forth a prima facie case. Applicants in deportation or removal

proceedings who are in need of a prima facie determination should

contact the appropriate immigration court.

---------------------------------------------------------------------------

(a) INS Form I-797 indicating that the applicant has established

a prima facie case; or

(b) An immigration court or Board of Immigration Appeals order

indicating that the applicant has established a prima facie case for

suspension of deportation under INA section 244(a)(3) as in effect

prior to April 1, 1997, or cancellation of removal under section

240A(b)(2) of the INA.

(3) With documentation indicating that the applicant has filed a

petition or that a petition has been filed on the applicant's

behalf, as applicable, under one of the provisions listed in (c) or

(d) above, but with no evidence of approval of the petition or

establishment of a prima facie case, in which case the benefit

provider should determine from the documentation when the petition

was filed and take the actions set forth below:

(a) Applicants with petitions filed before June 7, 1997 should

have an INS Form I-797 indicating filing of the I-360 petition by

``self-petitioning spouse [or child] of abusive U.S.C. or LPR,'' a

file-stamped copy of the petition, or another document demonstrating

filing (including a cash register or computer-generated receipt

indicating filing of Form I-360), but the INS will not have

determined whether the applicant's petition sets forth a prima facie

case. (If the applicant has no proof of filing, you should follow

the instructions in paragraph 6.) You should request that the INS

expedite adjudication of the petition or that a prima facie

determination be made by faxing the INS Request Form on your agency

letterhead, to the INS Vermont Service Center. Inquires about these

cases may also be submitted in the same manner to the INS Vermont

Service Center.

(b) Applicants with petitions filed after June 7, 1997 should

have an INS Form I-797 indicating filing of the I-360 petition, but

may have only a copy of the petition and proof of mailing. Within

three weeks of filing, INS will send to the applicant either an

approval notice, a notice of prima facie case, or a request for

additional documentation. In some cases, the applicant will receive

both a notice of prima facie case and a request for additional

documentation. Upon publication of an interim prima facie rule, INS

will begin the process of determining whether an applicant's

petition sets forth a prima facie case. If three weeks have elapsed

since the filing of the petition, you may determine the status of

the case by faxing the INS Request Form, on your letterhead, to the

Vermont Service Center.

Please not that the prima facie determination is an interim

determination. An INS notice of prima facie case will expire upon

issuance of a final decision by the INS or 150 days after issuance,

whichever is earlier. An EOIR prima facie determination will expire

upon the date of the applicant's hearing on the merits of his or her

case, or if made by the Board of Immigration Appeals, upon issuance

of the Board's decision on the appeal. In order to remain eligible

for benefits after the expiration of a notice of prima facie case an

applicant must either request and obtain a renewal of the prima

facie determination from the INS or the EOIR, as applicable, or must

present the benefit provider with a copy of one of the documents

listed in paragraph one above indicating that his or her petition or

application has been approved.

(4) With documentation indicating that the applicant has filed a

petition or that a petition was filed on his or her behalf, as

applicable, under one of the provisions listed in (a) or (b) above

(the documentation must indicate that the applicant is the widow/

widower of a U.S. citizen, the husband or wife of a U.S. Citizen or

LPR, the unmarried child under age 21 of a U.S. citizen or LPR, or

the unmarried child age 21 or older of an LPR):

For aliens on whose behalf a petition has been filed:

INS Form I-797 indicating filing of an INS I-130 petition, a file-

stamped copy of the petition, or another document demonstrating

filing (including a cash register or computer-generated receipt

indicating filing of Form I-130) (a sample copy of Form I-130 is

attached to this Exhibit).

For self-petitioning widows or widowers: a file-stamped

copy of the INS I-360 petition, or another document demonstrating

filing (including a cash register or computer-generated receipt

indicating filing of Form I-360).

A prima facie determination will not have been made with regard

to these petitions. You should request that the INS expedite

adjudication of the petition or that a prima facie determination be

made by faxing the INS Request Form on your agency letterhead, to

the INS Vermont Service Center. Inquires about these cases may also

be submitted in the same manner to the INS Vermont Service Center.

Applicants who are beneficiaries of I-130 petitions will have

had a petition filed on their behalf. The petition process gives the

spouse or parent of the applicant ultimate control over the

disposition of the petition. If the spouse or parent is the abuser,

he or she can nullify the petition either by withdrawing it or by

divorcing the alien before the alien is able to obtain a green card.

Because the most current information regarding the status of a

pending I-130 petition will reside with the batterer until an

applicant has received his or her green card, you should query INS

regarding the applicant's continued eligibility each time you

recertify the applicant for eleigiblity under general program

guidelines. For these reasons, and because a self-petitioning

applicant may be able to obtain employment authorization, an alien

who is eligible to self-petition under the Violence Against Women

Act should be strongly encouraged to do so. (Note: The alien must be

the spouse or child of the abuser and, in the case of a spousal

petition, still be married to the abuser when the petition is

filed.) The applicant should also be directed to the INS forms

request line and the National Domestic Violence Hotline as set forth

on page one.

(5) Documentation indicating that the INS has initiated

deportation or removal proceedings in which relief under the

provision(s) listed in section (e) above may be available (copies of

the documents listed below are attached to this Exhibit):

an ``Order to Show Cause'';

a ``Notice to Appear''; or

a ``Notice of Hearing in Deportation Proceedings.''

You should inform the applicant that, if the applicant or the

applicant's child has been battered or subjected to extreme cruelty

[[Page 61369]]

in the United States by a spouse or parent who is a U.S. citizen or

LPR, and the applicant has been present in the United States for at

least three years, he or she may file an application with the EOIR

requesting suspension of deportation or cancellation of removal as

applicable. You should also notify the applicant that, upon filing

the application, he or she may ask the court to make a prima facie

evaluation of the application and that, if the court indicates that

the applicant has set forth a prima facie case for relief, he or she

should return to your agency to complete the benefit eligibility

evaluation process (see also footnote six). You should also refer

the applicant to the National Domestic Violence Hotline as set forth

on page one so that he or she may obtain assistance from a local

domestic violence service provider and referrals to immigration

attorneys. (Some of these applicants will also have sought the

relief described in (a)-(d) above. Thus the applicant may have an I-

797 indicating that his or her petition has been granted or that the

petition sets forth a prima facie case, or an I-797 receipt

indicating that a petition has recently been filed. You should only

follow the procedures described in this paragraph if the applicant

does not have such a petition pending with the INS.)

(6) With minimal or no documentation regarding the claimed

filing: Because of the nature of abusive relationships, applicants

may not have copies of the documents that have been filed by them or

on their behalf. If the applicant has some documentation, but it is

insufficient to demonstrate filing, establishment of prima facie

case or approval of a petition, you should fax the INS Request Form

on your agency letterhead, as well as a copy of any document(s)

provided by the applicant, to the INS Vermont Service Center in

order to determine the applicant's status. If the applicant has no

documentation, but is certain that a petition has been filed by his

or her spouse or parent, you should fax the INS Request Form to the

INS Vermont Service Center. If the applicant has no documentation

and is uncertain whether a petition has been filed on his or her

behalf, you should refer the applicant to the National Domestic

Violence Hotline as set forth on page one.

(7) Without having filed one of the above petitions, but with

facts indicating a basis to file such a petition: You should refer

such applicants to the INS forms request line and to the National

Domestic Violence Hotline as set forth on page one.

Requirement 2: Battered or Subjected to Extreme Cruelty. You

must also determine whether an applicant, his or her child, or, in

the case of an alien child, his or her parent, has been battered or

subjected to extreme cruelty (as defined below) as follows:

in the case of an abused alien: the alien has been

battered or subjected to extreme cruelty in the United States by a

spouse or parent of the alien, or by a member of the spouse or

parent's family residing in the same household as the alien if the

spouse or parent consents to or acquiesces in such battery or

cruelty;

in the case of an alien whose child is abused: the

alien's child has been battered or subjected to extreme cruelty in

the United States by a spouse or parent of the alien, or by a member

of the spouse or parent's family residing in the same household as

the alien if the spouse or parent consents to or acquiesces in such

battery or cruelty, and the alien did not actively participate in

the battery or cruelty;

in the case of an alien child whose parent is abused:

the alien child's parent has been battered or subjected to extreme

cruelty in the United States by the parent's spouse, or by a member

of the spouse's family residing in the same household as the parent

if the spouse consents to or acquiesces in such battery or cruelty.

(a) Definitions of Battery, Extreme Cruelty and Family Member

For purposes of this Guidance, the phrase ``battered or

subjected to extreme cruelty'' has the meaning set forth below. This

definition is drawn, with slight modification, from the INS interim

rule, ``Petition to Classify Alien as Immediate Relative of a United

States Citizen or as Preference Immigrant; Self-Petitioning for

Certain Battered or Abused Spouses and Children,'' 61 Fed. Reg.

13,061, 13074 (1996) (8 C.F.R. 204.2(c)(vi)).

The phrase ``battered or subjected to extreme cruelty''

includes, but is not limited to, being the victim of any act or

threatened act of violence, including any forceful detention, which

results or threatens to result in physical or mental injury.

Psychological or sexual abuse or exploitation, including rape,

molestation, incest (if the victim is a minor), or forced

prostitution shall be considered acts of violence. Other abusive

actions may also be acts of violence under this rule. Acts or

threatneded acts that, in and of themselves, may not initially

appear violent may be part of an overall pattern o

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