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NILCguide

The document provides guidance on determining immigrant eligibility for federal programs based on immigration status and associated documentation. It emphasizes that similar documents may indicate different statuses, necessitating careful examination and comparison with eligibility rules. Additionally, it includes a list of various immigration documents and their corresponding statuses for educational purposes.

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0% found this document useful (0 votes)
9 views47 pages

NILCguide

The document provides guidance on determining immigrant eligibility for federal programs based on immigration status and associated documentation. It emphasizes that similar documents may indicate different statuses, necessitating careful examination and comparison with eligibility rules. Additionally, it includes a list of various immigration documents and their corresponding statuses for educational purposes.

Uploaded by

triiga001
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

EXCERPT FROM Guide to Immigrant Eligibility for Federal Programs

© 2002 National Immigration Law Center – 4th ed. Reprinted with permission.
To order copies: NILC Publications (213) 639-3900, x. 3, or visit [Link].

Immigration Documents
Immigration Documents
Introduction
Identifying an immigrant’s status to determine whether he or she is eligible for benefits is not
simply a matter of asking the immigrant for a particular document. Immigrants with similar
documents might have different immigration statuses and therefore be eligible for different
benefits.
Table of Contents
To make an accurate determination, you must be able to read the document to discover what it
says about the person’s immigration status, then match that information to the immigrant
eligibility rules described in Part 2 of this Guide.
Page #
The documents shown in this section are examples to be used for educational purposes only.
Since documents issued..........................................................................................................
Introduction by the Immigration and Naturalization Service (INS) frequently ii
change, the documents and codes presented here are not exhaustive. If you are trying to
compare a document to those shown in this Guide, and you find that it is not here or that it
Immigration Documents by Number ................................................................... 48
contains codes different from those listed here, do not assume that the document you are trying
to compare is invalid. Instead, consult an immigration law expert for advice about how to
[Link] Documents by Status ....................................................................... 49

U.S. Citizens
Most noncitizens who comeandinto
Nationals .................................................................................
contact with the INS are given an “alien” (or “A”) number. 53
To keep track of an individual’s immigration file, the INS uses this number, along with the
person’sTypical
name and Citizenship Documents
date of birth. – Table
Most immigration 4 ...........................................................
documents include a reference to the 54
individual’s “A” number. In some cases, an individual may have more than one “A” number,
as a result of multiple
Sample contacts with
Citizenship the INS.
Documents ........................................................................... 56

Typical Documents for “Qualified” Immigrants – Table 5 ................................. 61

Typical Documents for Other Immigrants – Table 6 ........................................... 63

Sample Lawful Permanent Resident (LPR) Documents and Codes .................... 64

Sample Documents and Codes for Other Statuses ............................................... 75

Sample Employment Authorization Documents and Codes ................................ 87

Other Common Immigration Documents ............................................................ 91

ii

i
EXCERPT FROM Guide to Immigrant Eligibility for Federal Programs
© 2002 National Immigration Law Center – 4th ed. Reprinted with permission.
To order copies: NILC Publications (213) 639-3900, x. 3, or visit [Link].

Immigration Documents

Introduction
Identifying an immigrant’s status to determine whether he or she is eligible for benefits is not
simply a matter of asking the immigrant for a particular document. Immigrants with similar
documents might have different immigration statuses and therefore be eligible for different
benefits.

To make an accurate determination, you must be able to read the document to discover what it
says about the person’s immigration status, then match that information to the immigrant
eligibility rules described in Part 2 of this Guide.

The documents shown in this section are examples to be used for educational purposes only.
Since documents issued by the Immigration and Naturalization Service (INS) frequently
change, the documents and codes presented here are not exhaustive. If you are trying to
compare a document to those shown in this Guide, and you find that it is not here or that it
contains codes different from those listed here, do not assume that the document you are trying
to compare is invalid. Instead, consult an immigration law expert for advice about how to
proceed.

Most noncitizens who come into contact with the INS are given an “alien” (or “A”) number.
To keep track of an individual’s immigration file, the INS uses this number, along with the
person’s name and date of birth. Most immigration documents include a reference to the
individual’s “A” number. In some cases, an individual may have more than one “A” number,
as a result of multiple contacts with the INS.

ii
EXCERPT FROM Guide to Immigrant Eligibility for Federal Programs
48 I MMIGRATION S TATUS © 2002 National Immigration Law Center – 4th ed. Reprinted with permission.
To order copies: NILC Publications (213) 639-3900, x. 3, or visit [Link].

List of Documents by Document Number


NUMBER NAME PAGE
I-94 Arrival/Departure Record 76
Key to I-94 76
I-134 Affidavit of Support (traditional version) 92
I-151 Resident Alien Card 66
Key to I-551 and I-151 Cards 67
I-181 Memorandum of Creation of Record of Lawful Permanent Residence 74
I-185 Canadian Border Crossing Card 86
I-186 Mexican Border Crossing Card 86
I-179 U.S. Citizen I.D. Card 57
I-197 U.S. Citizen I.D. Card 57
I-210 Voluntary Departure 81
I-221S Order to Show Cause 95
I-327 Reentry Permit 71
I-444 Mexican Border Visitors Permit 86
I-512 Parole Authorization 82
I-551 Permanent Resident Card 64
Key to I-551 and I-151 Cards 67
I-551 Stamp in Foreign Passport 66
I-571 Refugee Travel Document 78
I-586 Mexican Border Crossing Card 86
I-688 Temporary Resident Card under the 1986 Amnesty Program 75
I-688A Employment Authorization for Applicants under the 1986 Amnesty Program 89
I-688B Employment Authorization Document (EAD) 88
I-766 Employment Authorization Document (EAD) 87
Key to Employment Authorization Cards 88
I-797 Notice of Action 83
I-862 Notice to Appear 94
I-864 Affidavit of Support (enforceable version) 91
N-550 Certificate of Naturalization 56
N-560 Certificate of Citizenship 57
N-561 Certificate of Citizenship 57
N-570 Certificate of Naturalization 56
B-1/B-2 Visa/BCC Mexican or Canadian Nonimmigrant Visa/Border Crossing Card 86
— Decision Granting Asylum 79
— HHS Certification Letter 85
— Order Granting Suspension of Deportation 72
— Order Granting Cancellation of Removal 73

Guide to Immigrant Eligibility for Federal Programs 2002 • N I L C


EXCERPT FROM Guide to Immigrant Eligibility for Federal Programs
© 2002 National Immigration Law Center – 4th ed. Reprinted with permission.
To order copies: NILC Publications (213) 639-3900, x. 3, or visit [Link].
I MMIGRATION D OCUMENTS
49

List of Documents by Status


CITIZENSHIP DOCUMENTS
NUMBER NAME PAGE
I-179 U.S. Citizen I.D. Card 57
I-197 U.S. Citizen I.D. Card 57
N-550 Certificate of Naturalization 56
N-560 Certificate of Citizenship 57
N-561 Certificate of Citizenship 57
N-570 Certificate of Naturalization 56
DOCUMENTS RELATING TO LPR STATUS
I-151 Resident Alien Card 66
Key to I-551 and I-151 Cards 67
I-181 Memorandum of Creation of Record of Lawful Permanent Residence 74
I-327 Reentry Permit 71
I-551 Permanent Resident Card 64
Key to I-551 and I-151 Cards 67
I-551 Stamp in Foreign Passport 66
— Order Granting Suspension of Deportation 72
— Order Granting Cancellation of Removal 73
DOCUMENTS RELATING TO OTHER IMMIGRATION STATUSES
I-94 Arrival/Departure Record 76
Key to I-94 76
I-185 Canadian Border Crossing Card 86
I-186 Mexican Border Crossing Card 86
I-210 Voluntary Departure 81
I-444 Mexican Border Visitors Permit 86
I-512 Parole Authorization 82
I-571 Refugee Travel Document 78
I-586 Mexican Border Crossing Card 86
I-688 Temporary Resident Card under the 1986 Amnesty Program 75
I-797 Notice of Action 83
B-1/B-2 Visa/BCC Mexican or Canadian Nonimmigrant Visa/Border Crossing Card 86
— Decision Granting Asylum 79
— HHS Certification Letter 85
DOCUMENTS RELATING TO EMPLOYMENT AUTHORIZATION
AND INDICATING IMMIGRATION STATUS
I-688A Employment Authorization for Applicants under the 1986 Amnesty Program 89
I-688B Employment Authorization Document (EAD) 88
I-766 Employment Authorization Document (EAD) 87
Key to Employment Authorization Cards 88
OTHER COMMON IMMIGRATION FORMS
I-134 Affidavit of Support (traditional version) 92
I-221S Order to Show Cause 95
I-862 Notice to Appear 94
I-864 Affidavit of Support (enforceable version) 91

N I L C • Guide to Immigrant Eligibility for Federal Programs 2002


EXCERPT FROM Guide to Immigrant Eligibility for Federal Programs
© 2002 National Immigration Law Center – 4th ed. Reprinted with permission.
To order copies: NILC Publications (213) 639-3900, x. 3, or visit [Link].

Documents Relating to
Citizenship Status
EXCERPT FROM Guide to Immigrant Eligibility for Federal Programs
© 2002 National Immigration Law Center – 4th ed. Reprinted with permission.
To order copies: NILC Publications (213) 639-3900, x. 3, or visit [Link].
I MMIGRATION D OCUMENTS
53
U.S. CITIZENS AND NATIONALS
Citizenship through birth in the United States or naturalization. With the exception of the chil-
dren of certain diplomats, all persons born in the United States and its territories acquire U.S. citi-
zenship at birth. As discussed below, persons born abroad with at least one U.S. citizen parent may
also acquire citizenship at birth. In addition, lawful permanent residents (LPRs) of the U.S. and
certain U.S. military veterans can become citizens through the process known as naturalization.
Collective naturalization. Individuals born in certain territories became U.S. citizens collectively
through grants of citizenship made by the United States.
Acquisition of citizenship through birth abroad. Individuals born abroad to U.S. citizen parent(s)
may automatically be U.S. citizens at birth. Whether a person born abroad with at least one U.S.
citizen parent became a citizen at birth depends on the law in effect at the time the person was
born. Generally one parent (or in some cases, a grandparent) must have resided in the U.S. for a
specific period of time prior to the person’s birth. An immigrant child who has been adopted by
a U.S. citizen and who has been admitted to the U.S. as an LPR may automatically acquire U.S.
citizenship. Because of the complexity of the law in this area, individuals born abroad to U.S. citi-
zen parents are often unaware that they are U.S. citizens.
Derivative naturalization. Children under 18 years of age generally cannot apply to naturalize,
but they may automatically become citizens as a result of the naturalization of their parents (or
just one parent, if that parent has custody of the children). This process is known as “derivative
naturalization.” The law governing derivative naturalization has been changed many times, and
the specific requirements differ depending upon the law in effect at the time a particular
individual’s parents naturalized. Because of the complexity of the law governing derivative natu-
ralization, many individuals who in fact are U.S. citizens do not know that they derived citizen-
ship when their parents naturalized.
Noncitizen U.S. nationals. All U.S. citizens are also nationals of the United States, but some in-
dividuals who are U.S. nationals are not U.S. citizens. When the U.S. acquired certain island ter-
ritories, Congress provided for the inhabitants of these territories to be citizens of their own
islands, and nationals of the United States. Noncitizen nationals owe permanent allegiance to the
U.S., and may enter and work in the U.S. without restriction. At present, noncitizen nationals
include only (1) certain citizens of American Samoa and Swains Island, and (2) residents of the
Northern Mariana Islands who did not elect to become U.S. citizens.

N I L C • Guide to Immigrant Eligibility for Federal Programs 2002


EXCERPT FROM Guide to Immigrant Eligibility for Federal Programs
54 I MMIGRATION S TATUS © 2002 National Immigration Law Center – 4th ed. Reprinted with permission.
To order copies: NILC Publications (213) 639-3900, x. 3, or visit [Link].

TABLE 4

Typical Documents Indicating Citizenship


Primary • a birth certificate showing birth in one of the 50 states, the District of Columbia, Puerto Rico
evidence of (on or after Jan. 13, 1941), Guam, the U.S. Virgin Islands (on or after Jan. 17, 1917), or the
U.S. citizenship Northern Mariana Islands (on or after Nov. 4, 1986), unless the person was born to foreign
(most common diplomats residing in the U.S. (note: persons born in Puerto Rico, the U.S. Virgin Islands, or the
documents that Northern Mariana Islands before these territories became part of the U.S. may be citizens through
by themselves collective naturalization, as explained below);
evidence • a U.S. passport;
citizenship) • INS Forms I-179 (U.S. Citizen ID Card), I-197 (Citizen ID Card), N-560 (Certificate of Citizenship),
I-872 (American Indian Card, for members of the Texas Band of Kickapoo), I-873 (Northern Marianas
Card, for U.S. citizens from the Commonwealth of the Northern Marianas), N-561 (Certificate of
Citizenship), N-550 (Certificate of Naturalization), and N-570 (Certificate of Naturalization);
• Consular Forms FS-240 (Report of Birth Abroad), FS-545 (Certificate of Report of Birth), and DS-1350
(Certification of Report of Birth);
• Northern Mariana Identification Card (issued before Nov. 3, 1986, then replaced by the I-873);
• statement of consular official certifying that individual derived citizenship upon naturalization of
his or her parent; and
• American Indian Card with classification KIC (identifying the bearer as a member of the Texas band of
Kickapoo Indians; the current version is the I-872).
Secondary • a religious record showing birth in one of the 50 states, the District of Columbia, Puerto Rico (on or
evidence of after Jan. 13, 1941), Guam, the U.S. Virgin Islands (on or after Jan. 17, 1917), or the Northern Mariana
U.S. citizenship Islands (on or after Nov. 4, 1986), unless the person was born to foreign diplomats residing in the U.S.
(other evidence The record must have been recorded within three months after the birth and show that the birth
that establishes occurred within the jurisdiction and the date of birth or the individual’s age at the time the record was
citizenship) made.
• evidence of civil service employment by the U.S. government before June 1, 1976;
• early school records (preferably from the individual’s first school) showing the date of admission to the
school, the individual’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 Jan. 13, 1941), Guam, the U.S. Virgin Islands (on or after
Jan. 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.), or, where the adoption is not finalized and the state
or other jurisdiction 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 the above-listed
jurisdictions (in this case the statement must indicate that an original birth certificate is the source of
the information); and
• any other document that establishes a U.S. place of birth or in some way indicates U.S. citizenship.

Documents persons from Puerto Rico


evidencing • evidence of birth in Puerto Rico on or after Apr. 11, 1899, and the individual’s statement that he or
collective she was residing in the U.S., a U.S. possession, or Puerto Rico, on Jan. 13, 1941; and
naturalization • evidence that the individual was a Puerto Rican citizen and his or her statement that he or she was
residing in Puerto Rico on Mar. 1, 1917, and that he or she did not take an oath of allegiance to Spain.
persons from U.S. Virgin Islands
• evidence of the individual’s birth in the U.S. Virgin Islands, and his or her statement that he or she
was residing in the U.S., a U.S. possession, or the U.S. Virgin Islands on Feb. 25, 1927;
• the individual’s statement indicating residence in the U.S. Virgin Islands as a Danish citizen on Jan. 17,
1917, and residence in the U.S., a U.S. possession, or the U.S. Virgin Islands on Feb. 25, 1927, and
indicating that he or she did not make a declaration to maintain Danish citizenship; and
• evidence of birth in the U.S. Virgin Islands and the individual’s statement indicating residence in the
U.S., a U.S. possession, or territory or the Canal Zone on June 28, 1932.

Guide to Immigrant Eligibility for Federal Programs 2002 • N I L C


EXCERPT FROM Guide to Immigrant Eligibility for Federal Programs
© 2002 National Immigration Law Center – 4th ed. Reprinted with permission.
To order copies: NILC Publications (213) 639-3900, x. 3, or visit [Link].
I MMIGRATION D OCUMENTS
55
TABLE 4 (CONTINUED)

Typical Documents Indicating Citizenship


Documents persons from Northern Mariana Islands (NMI)
evidencing (formerly part of the Trust Territory of the Pacific Islands (TTPI))
collective • evidence of birth in the NMI, TTPI citizenship and residence in the NMI, the U.S., or a U.S. territory
naturalization or possession on Nov. 3, 1986 (NMI local time), and the individual’s statement that he or she did
(continued) not owe allegiance to a foreign state on Nov. 4, 1986;
• evidence of TTPI citizenship, continuous residence in the NMI since before Nov. 3, 1981 (NMI
local time), voter registration prior to Jan. 1, 1975, and the individual’s statement that he or she
did not owe allegiance to a foreign state on Nov. 4, 1986; and
• evidence of continuous domicile in the NMI since before Jan. 1, 1974, and the individual’s
statement that he or she did not owe allegiance to a foreign state on Nov. 4, 1986
(note: individuals who entered the NMI as nonimmigrants and lived in the NMI since Jan. 1,
1974, do not meet the continuous domicile requirement and therefore are not U.S. citizens).

Documents • evidence that both of the individual’s parents were U.S. citizens, and that at least one parent resided in
evidencing the U.S. or an outlying possession prior to the individual’s birth;
citizenship • evidence that one parent is a U.S. citizen and the other a U.S. noncitizen national, and that the
through U.S. citizen parent resided in the U.S. or a U.S. possession for a period of at least one year prior
birth abroad to the individual’s birth;
• for individuals born out of wedlock abroad to a U.S. citizen mother, evidence of the U.S. citizenship of
the mother and, for births on or before Dec. 24, 1952, evidence that the mother had resided in the
U.S. or a U.S. possession for a period of at least one year before the individual’s birth;
• for individuals born in the Canal Zone, a birth certificate showing birth on or after Feb. 26, 1904, and
before Oct. 1, 1979, and evidence that one parent was a U.S. citizen at the time of the individual’s
birth;
• for individuals born in the Republic of Panama, a birth certificate showing birth on or after Feb. 26,
1904, and before Oct. 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; and
• for other situations where an individual was born abroad to one U.S. citizen parent and one noncitizen
parent, the determination of whether the individual is a U.S. citizen depends upon the law that was in
effect at the time the individual was born. Generally the U.S. citizen parent (or in some cases, a
grandparent) must have resided in the United States for a specific period of time prior to the person’s
birth. Persons in this situation should consult an immigration attorney to determine whether they are
citizens.

Documents • for women who married U.S. citizens prior to Sept. 22, 1922, evidence that the marriage took place
evidencing prior to this date and that the husband is a U.S. citizen; and
U.S. citizenship • women whose husbands were noncitizens who naturalized prior to Sept. 22, 1922, automatically
through acquired naturalized citizenship. If the marriage terminated, the woman maintained her U.S. citizen-
marriage ship if she was residing in the U.S. at that time and continued to reside in the U.S.

Documents Evidence that one or both parents of a child naturalized, and that the child obtained LPR status, before
evidencing the child’s 18th birthday. Note that the specific requirements for derivative citizenship depend upon the
acquistion of law in effect at the time that the last of these requirements was met.
U.S. citizenship
through
derivative
naturalization
Documents • a birth certificate or any other document showing birth in American Samoa or Swain’s Island; and
evidencing • a birth certificate or any other document showing birth in the Northern Mariana Islands prior to
status as Nov. 4, 1986, and the individual’s statement that he or she elected to become a noncitizen U.S.
noncitizen national rather than a U.S. citizen on that date.
national

N I L C • Guide to Immigrant Eligibility for Federal Programs 2002


EXCERPT FROM Guide to Immigrant Eligibility for Federal Programs
56 I MMIGRATION S TATUS © 2002 National Immigration Law Center – 4th ed. Reprinted with permission.
To order copies: NILC Publications (213) 639-3900, x. 3, or visit [Link].

Sample Citizenship Documents

N-550, N-570 — CERTIFICATES OF NATURALIZATION


These documents are issued to persons who become U.S. citizens through the naturalization pro-
cess. The N-550 is the original certificate of naturalization issued by a court. The N-570 is a re-
placement certificate issued by the INS when the original is lost or destroyed.

N-550

N-570

Guide to Immigrant Eligibility for Federal Programs 2002 • N I L C


EXCERPT FROM Guide to Immigrant Eligibility for Federal Programs
© 2002 National Immigration Law Center – 4th ed. Reprinted with permission.
To order copies: NILC Publications (213) 639-3900, x. 3, or visit [Link].
I MMIGRATION D OCUMENTS
57
N-560, N-561 — CERTIFICATES OF CITIZENSHIP
A certificate of citizenship can be obtained by U.S. citizens born abroad who acquired citizenship
at birth through a U.S. citizen parent. It can also be obtained by citizens who derived citizenship
when their parents naturalized, and by those adopted by U.S. citizens. The N-561 is a replacement
certificate.

N-560

I-179, I-197 — U.S. CITIZEN I.D. CARDS


These two identification documents were once issued to U.S. citizens; the INS no longer uses them.
Cards previously issued to U.S. citizens remain valid indefinitely.

I-179 — front and back

I-197 — front and back

N I L C • Guide to Immigrant Eligibility for Federal Programs 2002


EXCERPT FROM Guide to Immigrant Eligibility for Federal Programs
© 2002 National Immigration Law Center – 4th ed. Reprinted with permission.
To order copies: NILC Publications (213) 639-3900, x. 3, or visit [Link].

Documents Relating to
Immigration Status
EXCERPT FROM Guide to Immigrant Eligibility for Federal Programs
© 2002 National Immigration Law Center – 4th ed. Reprinted with permission.
To order copies: NILC Publications (213) 639-3900, x. 3, or visit [Link].
I MMIGRATION D OCUMENTS
61
TABLE 5

Typical Documents Used by Categories of “Qualified” Immigrants


Listed below are typical documents most commonly used to show “qualified” immigrant status. Note that the list is not
exhaustive; other documents not listed here may also be used for this purpose. Lists of samples of documents displayed in
the Guide can be found on pages 48–49.

IMMIGRATION CATEGORIES TYPICAL DOCUMENTS


Lawful permanent residents • “green card” (Form I-551; earlier versions are the I-151, AR-2 and AR-3);
(LPRs) • reentry permit (I-327);
• foreign passport stamped to show temporary evidence of LPR or “I-551” status;
• Memorandum of Creation of Lawful Permanent Residence with approval stamp (I-181);
• order issued by the INS, an immigration judge, the Board of Immigration Appeals (BIA), or
a federal court granting registry, suspension of deportation, cancellation of removal,
or adjustment of status; or
• any verification from the INS or other authoritative document.

Refugees • Form I-94 Arrival/Departure Record or passport stamped “refugee” or “§ 207”;


• Form I-688B or I-766 Employment Authorization Document (EAD) coded
274a.12(a)(3) or A3;
• refugee travel document (I-571); or
• any verification from the INS or other authoritative document.
NOTE: If adjusted to LPR status, I-551 may be coded R8-6, RE-6, RE-7, RE-8, or RE-9.

Asylees • Form I-94 or passport stamped “asylee” or “§ 208”;


• order granting asylum issued by the INS, an immigration judge, the Board of Immigration
Appeals (BIA), or a federal court;
• Form I-688B or I-766 EAD coded 274a.12(a)(5) or A5;
• refugee travel document (I-571); or
• any verification from the INS or other authoritative document.
NOTE: If adjusted to LPR status, I-551 may be coded AS-6, AS-7, or AS-8.

Persons granted • Form I-94 or passport stamped “§ 243(h)” or “§ 241(b)(3)”;


withholding of deportation • order granting withholding of deportation or removal issued by the INS, an
or removal immigration judge, the BIA, or a federal court;
• Form I-688B or I-766 EAD coded 274a.12(a)(10) or A10;
• refugee travel document (I-571); or
• any verification from the INS or other authoritative document.

Amerasian LPRs • Form I-551;


(NOTE: only certain Vietnamese • temporary I-551 stamp in passport;
Amerasians qualify for the • Form I-94; or
“Refugee Exemption” and the • any verification from the INS or other authoritative document.
codes listed here pertain NOTE: any of the above documents should have one of the following codes:
to these Amerasians) AM-1, AM-2, AM-3, AM-6, AM-7, AM-8.

Cuban/Haitian entrants • Form I-94 with a stamp indicating “Cuban/Haitian entrant” (this may be rare,
as it has not been used since 1980) or any other notation indicating “parole,”
any documents indicating pending exclusion or deportation proceedings;
• any documents indicating a pending asylum application, including a receipt from
an INS Asylum Office indicating filing of Form I-589 application for asylum;
• Form I-688B or I-766 EAD coded 274a.12(c)(8) or C8; or
• any verification from the INS or other authoritative document.
NOTE: Individuals who have adjusted to LPR status may have I-551 cards coded
CH-6, CU-6, CU-7. In addition, Cubans or Haitians with the codes LB-2, LB-6, or LB-7
may also qualify – these codes were used for individuals granted LPR status under any
of the 1986 legalization provisions including Cuban/Haitian entrants.

table continued next page ➤

N I L C • Guide to Immigrant Eligibility for Federal Programs 2002


EXCERPT FROM Guide to Immigrant Eligibility for Federal Programs
62 I MMIGRATION S TATUS © 2002 National Immigration Law Center – 4th ed. Reprinted with permission.
To order copies: NILC Publications (213) 639-3900, x. 3, or visit [Link].

TABLE 5 (CONTINUED)

Typical Documents Used by Categories of “Qualified” Immigrants


Listed below are typical documents most commonly used to show “qualified” immigrant status. Note that the list is not
exhaustive; other documents not listed here may also be used for this purpose. Lists of samples of documents displayed in
the Guide can be found on pages 48–49.

IMMIGRATION CATEGORIES TYPICAL DOCUMENTS


Parolees • Form I-94 indicating “parole” or “PIP” or “212(d)(5),” or
(NOTE: to be “qualified,” other language indicating parole status;
immigrants must have been • Form I-688B or I-766 EAD coded 274a.12(a)(4), 274a.12(c)(11), A4, or C11; or
paroled for at least one year; • any verification from the INS or other authoritative document.
includes persons paroled “in the NOTE: If subsequently adjusted to LPR status, may have I-551 cards
public interest,” Lautenberg (for Lautenberg parolees, these may be coded LA).
parolees, and others)

Conditional entrants • Form I-94 or other document indicating status as “conditional entrant,”
(not used since 1980) “Seventh Preference,” § 203(a)(7), or P7; or
• any verification from the INS or other authoritative document.

Abused spouses or • receipt or other proof of filing I-130 (visa petition) under immediate relative (IR)
children, parents of abused or 2nd family preference (P-2) showing status as a spouse;
children, or children of • Form I-360 (application to qualify as abused spouse or child under the VAWA);
abused spouses • Form I-797 Notice of Action referencing pending I-130 or I-360 or
(must have a pending petition for finding establishment of a prima facie case;
an immigrant visa, either filed by • receipt or other proof of filing I-485 application for adjustment of status on basis of an
a spouse or a self-petition under immediate relative or family 2nd preference petition or VAWA application;
the VAWA, or an application for • any documents indicating a pending suspension of deportation or cancellation of removal
suspension of deportation or case, including a receipt from an immigration court indicating filing of Form EOIR-40
cancellation of removal. (application for suspension of deportation) or EOIR-42 (application for cancellation
The petition or application must of removal);
either be approved or, if not yet • Form I-688B or I-766 EAD coded 274a.12(a)(10) or A10 (applicant for suspension
approved, must present a of deportation) or 274a.12(c)(14) or C14 (individual granted deferred action status); or
prima facie case) • any verification from the INS or other authoritative document.

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TABLE 6

Typical Documents Used by Other Categories of Immigrants


Listed below are typical documents most commonly used by other categories of immigrants to show their status. Note that
the list is not exhaustive; other documents not listed here may also be used to show these statuses. Lists of samples of
documents displayed in the Guide can be found on pages 48–49.

IMMIGRATION CATEGORIES TYPICAL DOCUMENTS


Lawful temporary residents • Form I-688 Temporary Resident Card;
• Form I-688A Employment Authorization Document (EAD);
• Form I-688B or I-766 EAD coded 274a.12(a)(2) or A2; or
• any verification from the INS or other authoritative document.
Persons granted temporary • Form I-688B or I-766 EAD coded 274a.12(a)(12) or A12; or
protected status (TPS) • any verification from the INS or other authoritative document.
Persons granted deferred • Form I-688B or I-766 EAD coded 274a.12(a)(11) or A11; or
enforced departure (DED) • any verification from the INS or other authoritative document.
Persons granted Family Unity • Form I-797 Notice of Action showing approval of I-817 Application for Family Unity;
• Form I-688B or I-766 EAD coded 274a.12(a)(13) or A13; or
• any verification from the INS or other authoritative document.
Parolees for a period • Form I-94 indicating “parole” or “212(d)(5),” or other language indicating parole status;
less than one year • Form I-688B or I-766 EAD coded 274a.12(a)(4), 274a.12(c)(11), A4, or C11; or
• any verification from the INS or other authoritative document.
Persons granted • Form I-797 Notice of Action or other form showing approval of deferred action status;
deferred action status • Form I-688B or I-766 EAD coded 274a.12(c)(14) or C14; or
• any verification from the INS or other authoritative document.
Persons under an • Notice or form showing release under order of supervision;
order of supervision • Form I-688B or I-766 EAD coded 274a.12(c)(18) or C18; or
• any verification from the INS or other authoritative document.
Persons granted • Notice or form showing grant of extended voluntary departure;
extended voluntary departure • Form I-688B or I-766 EAD coded 274a.12(a)(11) or A11; or
• any verification from the INS or other authoritative document.
Applicants for registry • Receipt or notice showing filing Form I-485 Application to Register
Permanent Resident or Adjust Status;
• Form I-688B or I-766 EAD coded 274a.12(c)(16) or C16; or
• any verification from the INS or other authoritative document.
Applicants for adjustment • Receipt or notice showing filing Form I-485 Application to Register
of status to LPR status Permanent Resident or Adjust Status;
• Form I-688B or I-766 EAD coded 274a.12(c)(9) or C9; or
• any verification from the INS or other authoritative document.
Applicants for asylum • Receipt or notice showing filing Form I-485 Application for Asylum and Withholding;
• Form I-688B or I-766 EAD coded 274a.12(c)(8) or C8; or
• any verification from the INS or other authoritative document.
Applicants for • Receipt or notice showing filing Form EOIR-40 (Application for Suspension of
suspension of deportation Deportation), EOIR-42 (Application for Cancellation of Removal), or I-881 (Application
or cancellation of removal for Suspension of Deportation or Special Rule Cancellation of Removal);
• Form I-688B or I-766 EAD coded 274a.12(c)(10) or C10; or
• any verification from the INS or other authoritative document.
Applicants for temporary • Receipt or notice showing filing Form I-821 (Application for Temporary Protected Status);
protected status (TPS) • Form I-688B or I-766 EAD coded 274a.12(c)(19) or C19; or
• any verification from the INS or other authoritative document.
Nonimmigrants • Form I-94 Arrival/Departure Record or passport containing nonimmigrant visa;
• Form I-688B or I-766 EAD or other INS document indicating nonimmigrant status; or
• any verification from the INS or other authoritative document.

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Sample Documents Relating to


Lawful Permanent Resident Status
The most common INS document used to prove lawful permanent resident (LPR) status is the “Per-
manent Resident Card” or “green card.” The Form I-551 is the current version of this document. Ver-
sions of the card issued prior to the I-551 include Forms I-151, AR-2, and AR-3. These cards contain
codes that indicate how the immigrant obtained LPR status, and generally include the date when the
immigrant obtained the status. This section includes a key to many of these codes.
It often takes many months for individuals who are admitted as LPRs, or who adjust to LPR sta-
tus, to actually receive a green card, and there are a variety of other documents that show LPR sta-
tus. These include an “I-551” stamp in a foreign passport, a temporary I-551 card, an I-94 (Arrival/
Departure Record) referencing I-551 status, an I-181 (Memorandum of Creation of Record of
Lawful Permanent Residence), an I-327 (Reentry Permit), or an order of the INS, an immigration
judge, the Board of Immigration Appeals, or a federal court granting suspension of deportation,
cancellation of removal, or adjustment of status.

I-551 — PERMANENT RESIDENT CARD


This card—various versions of which have been issued since 1978—is proof of LPR status. Now
known as the “Permanent Resident Card,” this card was previously known as the “Resident Alien
Card” or “Alien Registration Receipt Card.” These cards are also commonly referred to as “green
cards,” even though recent versions of these cards are multi-colored. Until 1989, these cards had
no expiration date, but cards now being issued expire ten years after the date of issue. At the end
of the ten years, the LPR does not lose his or her status, but must simply renew the card. Condi-
tional permanent residents are issued cards that are coded “CR” and expire after two years. All
I-551 cards include codes showing how the individual obtained LPR status—whether through
work skills, as the relative of a U.S. citizen or permanent resident, through the visa lottery, as a
refugee or asylee, or otherwise. For a listing of some of these codes, see page 67. The cards also
indicate the date on which the individual is considered to have obtained permanent resident sta-
tus. This is often different from the date the person “entered” the U.S.

I-551 (current version, 1997 – front and back)

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I-551 — PERMANENT RESIDENT CARD (CONTINUED)

I-551 (older version, 1992 – front and back)

I-551 (older version, 1977 – front and back)

I-551 (older version – conditional resident)

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I-551 — STAMP IN FOREIGN PASSPORT


When an immigrant is first admitted to the U.S. as an LPR, his or her passport is stamped with
temporary proof of LPR status. This stamp, which has an expiration date, may also be placed on
the immigrant’s I-94 form (see page 76). The stamp may be renewed as necessary up until the time
the immigrant receives an I-551 Permanent Resident Card.

I-551 Stamp in Foreign Passport

I-151 — RESIDENT ALIEN CARD


The I-151 is a version of the “green card” that was issued before 1978 as proof of LPR status. Over
the years the INS issued several versions of the I-151 card. Although these cards bear no expira-
tion date, the INS decided to discontinue their use and issued regulations providing for their “ex-
piration” as of March 20, 1996. If a person has an “expired” I-151, this does not mean that he or
she has lost LPR status; it means only that the I-151 is no longer considered proof of the person’s
LPR status when he or she applies for a job or attempts to reenter the U.S. Individuals who still
have the I-151 should apply for the I-551. Persons who have applied for the I-551 card to replace
an earlier version, but who have yet to receive it, may have a receipt from the INS or some other
document that serves as proof of their LPR status.

I-151 (front and back)

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KEY TO I-551 AND I-151 CARDS (“GREEN CARDS”)
The codes on a green card indicate how an LPR immigrated to the U.S. This information can be
useful, for example, in determining whether an individual immigrated through a family member, as
a refugee, or through some other means. As noted below, the code also often indicates whether the
immigrant became an LPR through processing at a consulate abroad or through adjustment of sta-
tus in the U.S. NOTE: This list is not comprehensive, even as to codes currently in use, and many codes
that were used in the past are not included here. Anyone with a green card is an LPR, and a “qualified”
immigrant, regardless of the particular code on the card.

IMMEDIATE RELATIVE CODES


PROCESSING ABROAD ADJUSTMENT IN U.S. MEANING
CF-1, CF-2 Spouse and minor step-child of U.S. citizen who was admitted as
a fiancé(e), and is subject to 2-year conditional residency
CR-1, CR-2 CR-6, CR-7 Spouse and step-child of a U.S. citizen
subject to 2-year conditional residency
IF-1, IF-2 Spouse and minor step-child of a U.S. citizen
who was admitted as a fiancé(e)
IR-1 IR-6 Spouse of a U.S. citizen
IR-2 IR-7 Child of a U.S. citizen
IR-3, IR-4 IR-8, IR-9 Orphan adopted or to be adopted by a U.S. citizen
IR-5 IR-0 Parent of a U.S. citizen
IW-1, IW-2 IW-6, IW-7 Widow or widower and child of a U.S. citizen
MR-0, MR-6, MR-7 Parent, spouse, or child of a U.S. citizen,
presumed to be LPR, from the Northern Marianas
Z4-3 Immediate relative of a U.S. citizen
or special immigrant granted LPR status through private bill

FAMILY-BASED IMMIGRANTS – 1ST FAMILY PREFERENCE


PROCESSING ABROAD ADJUSTMENT IN U.S. MEANING
F1-1 F1-6 Unmarried son or daughter of a U.S. citizen
F1-2 F1-7 Child of F1-1 or F1-6
P1-1 P1-6 Unmarried son or daughter of a U.S. citizen (pre-1991)
P1-2 P1-7 Child of P1-1 or P1-6

FAMILY-BASED IMMIGRANTS – 2ND FAMILY PREFERENCE


PROCESSING ABROAD ADJUSTMENT IN U.S. MEANING
C2-1, C2-2 C2-6, C2-7 Spouse and step-child of an LPR subject to 2-year conditional residency
C2-3 C2-8 Child of C2-1, 2, 6, or 7
C2-4 C2-9 Unmarried son or daughter who is step-child of an LPR
and subject to 2-year conditional residency
C2-5 C2-0 Child of C2-4 or C2-9
CX-1, CX-2 CX-6, CX-7 Spouse and step-child of an LPR subject to 2-year conditional residency
CX-3 CX-8 Child of CX-1, 2, 6, or 7
F2-1 F2-6 Spouse of LPR
F2-2 F2-7 Child of LPR
F2-3 F2-8 Child of F2-1 or F2-6
F2-4 F2-9 Unmarried son or daughter of LPR
key continued next page ➤

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KEY TO I-551 AND I-151 CARDS (CONTINUED)

FAMILY-BASED IMMIGRANTS – 2ND FAMILY PREFERENCE (CONTINUED)


PROCESSING ABROAD ADJUSTMENT IN U.S. MEANING
F2-5 F2-0 Child of F2-4 or F2-9
FX-1 FX-6 Spouse of LPR
FX-2 FX-7 Child of LPR
FX-3 FX-8 Child of FX-1, 2, 6, or 7
P2-1 P2-6 Spouse of LPR (pre-1991)
P2-2 P2-7 Child of LPR
P2-3 P2-8 Child of P2-1, 2, 6, or 7

FAMILY-BASED IMMIGRANTS – 3RD FAMILY PREFERENCE


PROCESSING ABROAD ADJUSTMENT IN U.S. MEANING
C3-1 C3-6 Married son or daughter of U.S. citizen
subject to 2-year conditional residency
C3-2, C3-3 C3-7, C3-8 Spouse or child of C3-1 or C3-6 subject to 2-year conditional residency
F3-1 F3-6 Married son or daughter of U.S. citizen
F3-2, F3-3 F3-7, F3-8 Spouse or child of F3-1 or F3-6
P4-1 P4-6 Married son or daughter of U.S. citizen
P4-2, P4-3 P4-7, P4-8 Spouse or child of P4-1 or P4-6

FAMILY-BASED IMMIGRANTS – 4TH FAMILY PREFERENCE


PROCESSING ABROAD ADJUSTMENT IN U.S. MEANING
F4-1 F4-6 Brother or sister of U.S. citizen
F4-2, F4-3 F4-7, F4-8 Spouse or child of F4-1 or F4-2
P5-1 P5-6 Brother or sister of U.S. citizen (pre-1991)
P5-2, P5-3 P5-7, P5-8 Spouse or child of P5-1 or P5-2

VAWA SELF-PETITIONERS
PROCESSING ABROAD ADJUSTMENT IN U.S. MEANING
B1-1 B1-6 Self-petition unmarried son or daughter of a U.S. citizen
B1-2 B1-7 Child of B1-1 or B1-6
B2-1 B2-6 Self-petition spouse of an LPR
B2-3 B2-8 Child of B2-1 or B2-6
B2-4 B2-9 Self-petition unmarried son or daughter of an LPR
B2-5 B2-0 Child of B2-4 or B2-9
B3-1 B3-6 Self-petition married son or daughter of a U.S. citizen
B3-2, B3-3 B3-3, B3-8 Spouse or child of B3-1 or B3-6
BX-1 BX-6 Self-petition spouse of an LPR
BX-2 BX-7 Self-petition child of an LPR
BX-3 B2-8 Child of BX-1, 2, 6, or 7
IB-1 IB-6 Self-petition spouse of a U.S. citizen
IB-2 IB-7 Self-petition child of a U.S. citizen
IB-3 IB-8 Child of IB-1 or IB-6

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KEY TO I-551 AND I-151 CARDS (CONTINUED)

LEGALIZATION IMMIGRANTS
PROCESSING ABROAD ADJUSTMENT IN U.S. MEANING
CB-1, CB-2 CB-6, CB-7 Spouse or child of LPR legalized under INA §§ 210, 245A,
or the Cuban/Haitian Adj. Act
LB-1, LB-2 LB-6, LB-7 Spouse or child of LPR legalized under INA §§ 210, 245A,
or the Cuban/Haitian Adj. Act
S1-6, S2-6 Special agricultural workers (SAWs)
W1-6, W2-6, W3-6 Legalized under INA § 245A

EMPLOYMENT-BASED IMMIGRANTS
PROCESSING ABROAD ADJUSTMENT IN U.S. MEANING
C5-1, C5-2, C5-3 C5-6, C5-7, C5-8 Investors in U.S. business and dependents
E1-1, E1-2, E1-3, E1-6, E1-7, E1-8, Priority workers with outstanding or extraordinary
E1-4, E1-5 E1-9, E1-0 abilities, and dependents
E2-1, E2-2, E2-3 E2-6, E2-7, E2-8 Professionals with advanced degrees or
exceptional abilities, and dependents
E3-1, E3-2, E3-3, E3-6, E3-7, E3-8, Professionals/skilled workers and dependents
E3-5 E3-9, E3-0
E5-1, E5-2, E5-3 E5-6, E5-7, E5-8 Employment creation immigrants and dependents
EW-3, EW-4, EW-5 EW-8, EW-9, EW-0 Other (nonskilled workers and dependents)
NP-8, NP-9 Investor and dependent, pre-June 1, 1978
I5-1, I5-2, I5-3 I5-6, I5-7, I5-8 Investor pilot program principals and dependents, conditional
P3-1, P3-2, P3-3 P3-6, P3-7, P3-8 Professional/skilled worker and dependents, pre-1991
P6-1, P6-2, P6-3 P6-6, P6-7, P6-8 Unskilled workers and dependents, pre-1991
R5-1, R5-2, R5-3 R5-6, R5-7, R5-8 Investor pilot program principals and dependents,
nontargeted (conditional)
T5-1, T5-2, T5-3 T5-6, T5-7, T5-8 Investors in targeted areas and dependents (conditional)

SPECIAL IMMIGRANTS
PROCESSING ABROAD ADJUSTMENT IN U.S. MEANING
SA-1, SA-2, SA-3 SA-6, SA-7, SA-8 Western Hemisphere immigrants (discontinued)
SC-1, SC-2 SC-6, SC-7 Former U.S. citizens
SD-1, SD-2, SD-3 SD-6, SD-7, SD-8 Minister and dependents
SE-1, SE-2, SE-3 SE-6, SE-7, SE-8 Employees or former employees and dependents of
U.S. government abroad
SF-1, SF-2, SF-6, SF-7 Employees or former employees and dependents of the
SG-1, SG-2, SG-6, SG-7 Panama Canal Co., Canal Zone Government, or
SH-1, SH-2 SH-6, SH-7 U.S. government in Panama Canal Zone
SK-1, SK-2, SK-3, SK-4 SK-6, SK-7, SK-8, SK-9 Employees or former employees and dependents or
surviving spouses who worked for international organizations
SL-1 SL-6 Juvenile court dependent
SM-1, SM-2, SM-3, SM-6, SM-7, SM-8, Immigrants and their dependents recruited
SM-4, SM-5 SM-9, SM-0 or enlisted to serve in U.S. armed forces
SF-1, SR-2, SR-3 SR-6, SR-7, SR-8 Religious workers and dependents
key continued next page ➤

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KEY TO I-551 AND I-151 CARDS (CONTINUED)

OTHER IMMIGRANTS
PROCESSING ABROAD ADJUSTMENT IN U.S. MEANING
AA-1, AA-2, AA-3 AA-6, AA-7, AA-8 Diversity visa lottery winners and dependents, 1991-1994
A1-1, A1-2, A3-1, A1-6, A1-7, A3-6, Amerasians and family members from
A3-2, A3-3 A3-7, A3-8 Cambodia, Korea, Laos, Thailand, or Vietnam
AM-1, AM-2, AM-3 AM-6, AM-7, AM-8 Vietnamese Amerasians and family members
AR-1 AR-6 Amerasian child of U.S. citizen born in
Cambodia, Korea, Laos, Thailand, or Vietnam
AS-6, AS-7, AS-8 Asylee principal, spouse, and child
CH-6, CN-P, Cuban/Haitian entrant; Cuban Adjustment Act
CU-6, CU-7
DS-1 Individual born under diplomatic status in U.S.
DT-1, DT-2, DT-3 DT-6, DT-7, DT-8 Displaced Tibetans and dependents
DV-1, DV-2, DV-3 DV-6, DV-7, DV-8 Diversity visa lottery winners and dependents
EC-6, EC-7, EC-8 Adjustment under Chinese Student Protection Act
ES-1 ES-6 Soviet scientist
HK-1, HK-2, HK-3 HK-6, HK-7, HK-8 Employees and dependents of certain U.S. businesses
operating in Hong Kong
IC-6, IC-7 Indochinese refugee
LA-6 Certain parolees from the Soviet Union, Cambodia, Laos, or Vietnam
who were denied refugee status and paroled – Lautenberg adjustment
NA-3 Child born during temporary visit abroad of a mother
who is an LPR or national of the U.S.
NC-6, NC-7, Persons granted adjustment under Nicaraguan Adjustment and
NC-8, NC-9 Central American Relief Act, spouses, children under 21, and
unmarried sons and daughters 21 and over
R8-6 Refugee paroled into U.S. prior to Apr. 1, 1980
RE-6, RE-7, RE-8, RE-9 Refugees and their dependents
RN-6, RN-7 Former H-1 nurses and dependents
S1-3 American Indian born in Canada
SE-H SE-K Employee of U.S. Mission in Hong Kong
SJ-2 SJ-6, SJ-7 Foreign medical school graduate and dependents
XB-3 Presumed to have been admitted as LPR under 8 C.F.R. § 101.1
XE-3, XF-3, XN-3, XR-3 Child born subsequent to issuance of visa to LPR parent.
Y6-4 Refugee (prior to July 1, 1953)
Z0-3, Z3-3, Z6-6 Adjusted to LPR status through registry
Z1-3, Z5-6 Granted suspension of deportation
Z-2 Generic code for adjustment
Z4-3 Beneficiary of a private bill
Z8-3 Foreign official immediate relative of U.S. citizen or special immigrant

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I-327 — REENTRY PERMIT
This document is given to an LPR who will be traveling outside of the U.S. for an extended period
of time. It is issued to the LPR prior to departure to facilitate reentry into the U.S.

I-327 (cover and inside)

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ORDER GRANTING SUSPENSION OF DEPORTATION


An individual in deportation proceedings which commenced prior to April 1, 1997, can be granted
suspension of deportation and LPR status if he or she has been in the U.S. at least seven years (three
years for certain abused spouses and children) and can prove good moral character and extreme
hardship if he or she were deported. The relief and status may be granted by an immigration judge,
the Board of Immigration Appeals, or a federal court. In NACARA cases, an INS Asylum Office
may also grant suspension of deportation. The documents used to grant suspension of deporta-
tions vary. An example is shown below.

Order Granting Suspension of Deportation

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ORDER GRANTING CANCELLATION OF REMOVAL
An individual in removal proceedings which began on or after April 1, 1997, can be granted cancel-
lation of removal and LPR status if he or she has been in the U.S. at least ten years (three years for
certain abused spouses and children) and can prove good moral character and exceptional and ex-
tremely unusual hardship to qualifying family members (or to themselves, in NACARA and abused
immigrant cases) should he or she be removed. The relief may be granted by an immigration judge,
the Board of Immigration Appeals, a federal court, or, in NACARA cases, by an INS Asylum Office.
The documents used to grant cancellation of removal vary. An example is shown below.

Order Granting Cancellation of Removal

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I-181 — MEMORANDUM OF CREATION OF


RECORD OF LAWFUL PERMANENT RESIDENCE
This document is issued at the time that the INS approves an application for adjustment of sta-
tus. It establishes that the individual has been granted LPR status.

I-181 – Memorandum of Creation of Record of Lawful Permanent Residence

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Sample Documents Relating to


Other Immigration Statuses
There is a wide variety of documents that individuals may have to indicate their immigration sta-
tus. Most individuals who are admitted to the United States are given Form I-94 (Arrival/Depar-
ture Record) with a reference or code indicating their immigration status. Some other documents
are used only with respect to particular statuses; for example, asylees and persons granted with-
holding of deportation or removal may have a notice issued by the INS, or an order issued by an
immigration judge, the Board of Immigration Appeals, or a federal court, indicating their status.
Employment authorization documents, which are discussed in the next section of this chapter, also
provide an indication of a person’s immigration status.

I-688 — TEMPORARY RESIDENT CARD UNDER THE 1986 AMNESTY PROGRAM


Immigrants who legalized their status under the Immigration Reform and Control Act of 1986
(IRCA) were first granted temporary resident status. The temporary resident card has a green
stripe on the top. The expiration date on the front of the card is extended by stickers placed on
the back. The immigrant may still be in lawful status, even if the I-688 or sticker has expired. The
card will be marked at the bottom center with the numbers “245A” or “210” to indicate whether
the person legalized under the general amnesty (INA § 245A) program or the farmworker (SAW
or INA § 210) program.

I-688 — Temporary Resident Card (front and back)

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I-94 ARRIVAL/DEPARTURE RECORD


The I-94 is a 3"x 5" card which is issued to almost all noncitizens upon entry to the U.S. It is also
issued to individuals who entered the country without inspection and subsequently have contact
with the INS. The card is stamped or handwritten with a notation that indicates the individual’s
immigration category or the section of the law under which the person is granted admission or pa-
role. The words “Employment Authorized” may also be stamped onto the card. Noncitizens with
I-94s include LPRs, persons fleeing persecution, persons with permission to remain in the U.S.
based on a pending application, persons in deportation or removal proceedings, nonimmigrants,
and undocumented persons whose period of admission or parole has expired.

I-94 Arrival/Departure Record

KEY TO I-94
Codes on the I-94 indicate the provision of law related to the individual’s status. What follows
is a list of codes most commonly found on the I-94.

PERSONS FLEEING PERSECUTION


CODE MEANING
203(a)(7) Conditional entrant
207 or REFUG Refugee
208 Asylum
243(h) or 241(b)(3) Withholding of deportation or removal
AM 1, 2, 3 Amerasian

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KEY TO I-94 (CONTINUED)

PERSONS GRANTED PERMISSION TO REMAIN IN THE U.S.


CODE MEANING
106 Granted indefinite stay of deportation
242(b) Granted voluntary departure
212(d)(5) Parolee

NONIMMIGRANTS
CODE MEANING
A-1, -2, -3 Foreign government official, dependents, and employees
B-1 Visitor for business
B-2 Visitor for pleasure (tourist)
C-1, -2, -3 Aliens in transit
D Crewmember of ship or aircraft
E-1, -2 Treaty trader and investor and dependents
F-1, -2 Foreign student and dependents
G-1, -2, -3, -4, -5 Representative of international organization, dependents, and employees
H-1A Registered nurse
H-1B Alien in specialty occupation
H-2A Temporary agricultural worker
H-2B Temporary worker
H-3 Trainee
H-4 Spouse or child of “H” worker (see categories above) or trainee
I Foreign information media representative and dependents
J-1, -2 Exchange visitor and dependents
K-1, -2 Fiancé(e) of U.S. citizen and children
L-1, -2 Intracompany transferee and dependents
M-1, -2 Vocational/nonacademic student and dependents
N-8, -9 Parent of special immigrant and children
NATO-1 through -7 Representatives of NATO, dependents, and employees
O-1, -2, -3, -4 Persons with extraordinary ability
in the sciences, arts, education, business, and athletics, and dependents
P-1, -2, -3 Artists, entertainers, and athletes who are performing, teaching, or on an exchange program
Q Cultural exchange
R-1, -2 Religious workers and dependents
S5, -6, -7 Alien supplying information relating to crime or terrorism, and qualified family members
TWOV Transit without a visa
TC Canadian citizen seeking temporary entry pursuant to Free Trade Agreement
TN, -D NAFTA professional and dependents
WB Visitor for business admitted under visa waiver pilot program
WT Visitor admitted under visa waiver pilot program

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I-571 — REFUGEE TRAVEL DOCUMENT


The refugee travel document is issued to refugees and asylees in the U.S. who want to travel abroad,
and to lawful permanent residents who adjusted to LPR status after having received refugee or
asylee status. The document is used like a passport to enter other countries and return to the U.S.

I-571 — Refugee Travel Document

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DECISION GRANTING ASYLUM
Both the INS Asylum Offices and the judges of the Executive Office of Immigration Review, where
deportation, exclusion, and removal cases are heard, can grant asylum to an individual fleeing per-
secution. Below are examples of documents issued to immigrants granted asylum. Not all are the
same. The Board of Immigration Appeals and federal courts also may issue orders granting asylum.

Decision Granting Asylum

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DECISION GRANTING ASYLUM (CONTINUED)

Decision Granting Asylum

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I-210 — VOLUNTARY DEPARTURE
“Voluntary departure” is a status that allows an individual to remain in the U.S. for either a spe-
cific or an indefinite period of time. The period of time given for voluntary departure varies. Vol-
untary departure can be granted by the INS before deportation or removal proceedings have
begun, or by an immigration judge during such proceedings.

I-210 — Voluntary Departure

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I-512 — PAROLE AUTHORIZATION


Individuals who are not eligible for a visa or for refugee status can be “paroled” into the U.S. for
emergent or compelling reasons in the public interest. There are special parole procedures for
Cubans paroled into the U.S. after the Mariel boatlift. Immigrants in the U.S. who have applied
for LPR or another immigration status and who need to take short trips abroad while their appli-
cations are pending can apply for advance parole. If this is granted, they will be issued a document
before leaving the country that will allow them to reenter the U.S. after their trip aboard.
Persons granted parole status are issued an I-94 or an I-512 marked with a section of 8 CFR § 212.5
indicating why they were granted parole.

I-512 — Parole Authorization

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I-797 — NOTICE OF ACTION
This form is used by the INS to notify applicants and petitioners for immigration benefits that the
agency has taken some kind of action in the case. For example, the form is used to notify individu-
als who have filed a petition for an immigrant visa on behalf of a relative that the petition has been
approved. As in the example below, it is also used to notify abused immigrants who have filed a
self-petition under the Violence Against Women Act (VAWA) that their self-petitions have been
found to establish a prima facie case. As in the example on the next page, the form is also used to
notify applicants for Family Unity that they have been granted Family Unity status.

I-797 — Notice of Action (finding establishment of prima facie case)

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I-797 — NOTICE OF ACTION (CONTINUED)

I-797 – Notice of Action (granting Family Unity)

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HHS CERTIFICATION LETTER
The U.S. Department of Health and Human Services uses this letter to certify that an individual
is a victim of a severe form of trafficking, for purposes of qualifying for federal benefits and ser-
vices. In order to receive an HHS certification, adult victims must have applied for T nonimmi-
grant status; victims who are children under 18 years of age are not required to do so. This sample
is an older version of the form; as of November 6, 2001, certification letters no longer contain an
expiration date.

HHS Certification Letter

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B-1/B-2 VISA/BCC
This card is both a nonimmigrant visa and a border crossing card, allowing the bearer to visit ar-
eas within 25 miles of the U.S. border for visits lasting up to 72 hours. It is issued to citizens of
Mexico or Canada.

B-1/B-2 Border Crossing Card

I-586 — MEXICAN BORDER CROSSING CARD


This is the version of the Mexican border crossing card that was used prior to the 1999 develop-
ment of the B-1/B-2 Visa/BCC. It is no longer issued.

I-586 — Mexican Border Crossing Card

I-186 — MEXICAN BORDER CROSSING CARD


The I-186 is an older version of the Mexican border crossing card, which allows eligible citizens
of Mexico to enter the U.S. for short trips. It is no longer issued.

I-444 — MEXICAN BORDER VISITORS PERMIT


This document was issued to Mexican nationals to allow them to visit five specific U.S. states: Ari-
zona, California, Nevada, New Mexico, or Texas. The visit was limited to under 30 days’ duration
and to within 25 miles of the U.S.-Mexico border.

I-185 — CANADIAN BORDER CROSSING CARD


Eligible Canadian citizens and British subjects residing in Canada may be issued border crossing
cards to allow them to travel to the U.S. A person who enters the U.S. using a border crossing card
does not have permission to reside in the U.S. for more than six months at a time. The card is valid
indefinitely.

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Sample Documents Relating to Employment Authorization


and Indicating Immigration Status
A variety of documents indicate that an individual is authorized to work in the United States. U.S.
citizens, U.S. nationals, lawful permanent residents, lawful temporary residents, refugees, and
asylees are automatically authorized to be employed in the U.S. by virtue of their status, and docu-
ments evidencing these statuses establish their employment authorization. Other noncitizens must
receive permission to work—i.e., employment authorization—from the INS. The INS issues docu-
mentation of employment authorization in a variety of forms, including “Employment Authori-
zation Documents” (EADs—Forms I-688B or I-766) and an “employment authorized” stamp on
Form I-94, “Arrival Departure Record.” EADs contain codes that indicate the individual’s immi-
gration status, and a key to these codes is included in this section.
Employers are required to verify the employment authorization of individuals they hire, and Form
I-9 is used for this purpose. The documents that may be used to verify employment authoriza-
tion on the I-9 form are listed on page 90.

I-766 — EMPLOYMENT AUTHORIZATION DOCUMENT (EAD)


This document is one of several that indicate an immigrant has been granted permission to work
in the U.S. Codes on the front of the card indicate the person’s immigration status by referenc-
ing the subsection of the regulation authorizing employment — 8 CFR § 274a.12. For example,
an asylum applicant would be issued a card with the code “(c)(8),” which refers to 8 CFR
§ 274a.12(c)(8).

I-766 — Employment Authorization Document (EAD) (front and back)

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I-688B — EMPLOYMENT AUTHORIZATION DOCUMENT (EAD)


This document is an earlier version of the Employment Authorization Document for immigrants
who have been granted permission to work in the U.S. As with the I-766, there are codes on the
front of the card that indicate the person’s immigration status and refer to the section of the regu-
lation authorizing employment. For example, an asylum applicant would be issued a card con-
taining the code “274a.12(c)(8).”

I-688B — Employment Authorization Document (EAD) (front and back)

KEY TO EMPLOYMENT AUTHORIZATION DOCUMENTS (EADS)


The entry for “Category” or “Provision of Law” on the front of the EAD indicates the subsection
of 8 CFR § 274a.12 under which the person was granted work authorization. The following list
of codes and categories is not exhaustive. The complete list is found at 8 C.F.R. § 274a.12.
CODE MEANING
(a)(3) Refugee
(a)(4) Paroled as refugee
(a)(5) Granted asylum
(a)(6) Fiancé(e) of U.S. citizen or dependent of fiancé(e)
(a)(7) Parent or child of an individual granted LPR status
as a special immigrant due to employment by an international organization
(a)(8) Citizen of the Federated States of Micronesia or the Marshall Islands
(a)(10) Granted withholding of deportation or removal
(a)(11) Granted extended voluntary departure
(a)(12) Granted temporary protected status (TPS)
(a)(13) Granted voluntary departure under Family Unity
(a)(14) Granted Family Unity under the LIFE Act
(a)(15) Granted V nonimmigrant status
(a)(16) Granted T nonimmigrant status
(c)(1) Dependent of foreign government official
(c)(2) E-1 nonimmigrant
(c)(3)(i)-(iii) Foreign students
(c)(4) Dependent of employee of international organization
(c)(5) Dependent of exchange visitor
(c)(6) Foreign student seeking employment for practical training
(c)(7) Dependent of NATO employee
(c)(8) Asylum applicant

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KEY TO EMPLOYMENT AUTHORIZATION DOCUMENTS (EADS) (CONTINUED)
CODE MEANING
(c)(9) Applicant for adjustment to lawful permanent resident status
(c)(10) Applicant for suspension of deportation or cancellation of removal
(c)(11) Paroled for emergent or public interest reasons
(c)(12) Granted Family Unity benefits
(c)(14) Granted deferred action
(c)(16) Applicant for registry (resided in U.S. since before January 1, 1972)
(c)(17)(i) Employee of business visitor
(c)(17)(ii) Employee of U.S. citizen living abroad on visit to U.S.
(c)(17)(iii) Employee of foreign airline
(c)(18) Under order of supervision
(c)(19) Applicant for temporary protected status (TPS)
(c)(20) Applicant for Special Agricultural Worker legalization (INA § 210)
(c)(21) Nonimmigrant witness or informant and dependents (S status)
(c)(22) Applicant for legalization under INA § 245A
(c)(24) Applicant for adjustment under the LIFE Act Legalization Program
(c)(25) Immediate family member of T status nonimmigrant

I-688A — EMPLOYMENT AUTHORIZATION FOR AMNESTY APPLICANTS


Applicants under the 1986 amnesty program of IRCA are allowed to work while their applications
are being processed. They receive the I-688A employment authorization card. The INS extends
the expiration date on the front of the card by placing an extension sticker on the back. The card
will be marked at the bottom center with the numbers “245A” or “210” to indicate whether the per-
son legalized under the general amnesty (245A) program or the farmworker (SAW or 210) pro-
gram.

I-688A — Employment Authorization for Legalization Applicants (front and back)

DOCUMENTS THAT VERIFY EMPLOYMENT ELIGIBILITY WITH AN EMPLOYER


Immigration law requires that employers verify the employment eligibility of all newly hired work-
ers, whether they are U.S. citizens or noncitizens. In order to document their compliance with this
requirement, employers must use the INS I-9 “Employment Eligibility Verification” form. In order
to complete the I-9 form, the employer must view documents to verify both the employee’s identity
and his or her eligibility to work. The form lists the categories of documents that may be used to

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satisfy this requirement. Certain documents, contained in “List A” on the I-9 form, may be used to
establish both identity and employment eligibility. Alternatively, a worker may present one document
from “List B” to establish identity, and another document from “List C” to establish employment
eligibility. The worker may choose any acceptable document to meet this requirement, and employers
are prohibited from specifying which document(s) they will accept from an employee. The docu-
ments that may be used to satisfy the I-9 form’s requirements are listed in the following table.1
TABLE 7

List of Acceptable Work Documents


Workers can choose: One paper — One from List A — to establish both identify and eligibility to work
or
Two papers — One from List B — to establish identity
and
One from List C — to establish eligibility

LIST “A” DOCUMENTS — LIST “B” DOCUMENTS — LIST “C” DOCUMENTS —


ESTABLISH IDENTITY AND ESTABLISH IDENTITY ESTABLISH EMPLOYMENT
EMPLOYMENT ELIGIBILITY ELIGIBILITY
1. U.S. passport (unexpired or expired) 1. Driver’s license or ID card issued by 1. U.S. Social Security card issued by
a state or outlying possession of the the Social Security Administration
2. Unexpired foreign passport, with
U.S., provided it contains a photo- (other than a card stating it is not
I-551 stamp or attached INS Form
graph or information such as name, valid for employment)
I-94 indicating unexpired employ-
date of birth, sex, height, eye color,
ment authorization 2. Certification of Birth Abroad issued
and address
by the Department of State
3. Alien Registration Receipt Card with
2. ID card issued by federal, state, or (Form FS-545 or Form DS-1350)
photograph (INS Form I-551)
local government agencies or
3. Original or certified copy of a birth
4. Unexpired Temporary Resident Card entities, provided it contains a
certificate issued by a state, county,
(INS Form I-688) photograph or information such as
or municipal authority or outlying
name, date of birth, sex, height, eye
5. Unexpired Employment Authorization possession of the U.S. bearing an
color, and address
Document issued by the INS which official seal
contains a photograph (INS Form 3. School ID card with a photograph
4. Native American tribal document
I-688A, I-688B, I-7662)
4. Voter’s registration card
5. U.S. Citizen ID Card
6. Certificate of U.S. Citizenship
5. Military card or draft record (INS Form I-197)
(INS Form N-560 or N-561)*
6. Military dependent’s ID card 6. Card for use of Resident Citizen
7. Certificate of Naturalization
in the U.S. (INS Form I-179)
(INS Form N-550 or N-570)* 7. U.S. Coast Guard Merchant
Mariner Card 7. Unexpired Employment Authorization
8. Unexpired Reentry Permit
Document issued by the INS
(INS Form I-327)* 8. Native American tribal document
(other than those listed under List A)
9. Unexpired Refugee Travel Document 9. Driver’s license issued by a Canadian
(INS Form I-571)* government authority

For persons under age 18


who are unable to present a
document listed above:
10. School record or report card
11. Clinic, doctor, or hospital record
12. Daycare or nursery school record

1 Congress amended the law in 1996 to reduce the number of documents that may be used to complete the I-9 form. However, as of this
writing the INS had not finalized regulations to implement this change. Until a final regulation is issued, employers may accept any of the
documents listed above. Once a new INS rule is in place, the documents marked with an asterisk (*) above will no longer be accepted.
2 The INS last revised the I-9 form in 1991, before the agency began issuing Form I-766 Employment Authorization Documents (EADs).
The I-766 EAD may be used as a List A document.

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Other Common Immigration Forms


The following documents are samples of common immigration forms that are referenced in this
Guide. They include the “enforceable” Affidavit of Support (Form I-864), the “traditional” Affi-
davit of Support (Form I-134), the Notice to Appear (Form I-862) that initiates removal proceed-
ings, and the Order to Show Cause (Form I-221S) used to initiate deportation proceedings.

I-864 — AFFIDAVIT OF SUPPORT (ENFORCEABLE VERSION)


Most individuals who are immigrating based on petitions filed by their family members, and some
individuals immigrating based on employment if a family member is an owner of the business, and
who applied for an immigrant visa after December 19, 1997, must submit Form I-864, the Affidavit
of Support. This form is an enforceable contract by means of which the immigrant’s “sponsor” prom-
ises to financially assist the immigrant and to ensure that he or she (and any accompanying family
members) will be maintained at an income of at least 125 percent of federal poverty guidelines. See
page175 for federal poverty guidelines issued for 2002. The relative petitioner must be a sponsor, and
if he or she does not have sufficient resources, a joint sponsor also can be obtained. See page 171 for
a discussion of the Affidavit of Support requirement. Whether an immigrant has a sponsor is rel-
evant for public benefit eligibility because the sponsor’s income may be “deemed” to be available to
the immigrant under certain circumstances. See page 177 for a discussion of sponsor deeming.

I-864 — Affidavit of Support (enforceable version)

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I-134 — AFFIDAVIT OF SUPPORT (TRADITIONAL VERSION)


Individuals who are applying for LPR status and who are not subject to the requirement that they
have the new, enforceable Affidavit of Support (I-864) may still submit the traditional Affidavit of
Support form (I-134) in order to help show that they are not likely to become a “public charge.”
These forms are also used by family immigrants who applied for an immigrant visa prior to De-
cember 19, 1997. See page 167 for a discussion of the public charge ground of inadmissibility, and
page 171 for a discussion of Affidavits of Support. Although this form has generally been held not
to be enforceable against the sponsor, it may cause the sponsor’s income to be “deemed” to be
available to the immigrant if he or she applies for certain benefits within three years of entry to the
United States. See page 177 for a discussion of sponsor deeming.

I-134 — Affidavit of Support (traditional version, front)

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I-134 — AFFIDAVIT OF SUPPORT (TRADITIONAL VERSION) (CONTINUED)

I-134 — Affidavit of Support (traditional version, back)

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I-862 — NOTICE TO APPEAR


A Notice to Appear (NTA) is a document that begins formal removal proceedings. An individual
who has been issued an NTA can be taken into INS custody or released either on his or her own
recognizance or after posting a bond. Information regarding the terms of release will be attached
to the NTA. Individuals released from INS custody must attend their removal hearings or they will
be ordered removed and deported. Below is page one of an NTA (a two-page document).

I-862 — Notice to Appear (front)

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I-221S — ORDER TO SHOW CAUSE
An Order to Show Cause (OSC) is the document that was used by the INS to begin formal depor-
tation proceedings prior to April 1, 1997. Individuals placed in proceedings on or after that date
are issued a Notice to Appear (NTA), Form I-862, instead of an OSC. Below is page one of an OSC
(a five-page document).

I-221S — Order to Show Cause

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Replacement of
Lost Immigration Documents
Before sending an immigrant to the INS to apply for a replacement of a lost immigration docu-
ment, be sure that he or she has a lawful immigration status. You may need help from an immi-
gration law expert to make this determination.
The Executive Office for Immigration Review, the agency that administers the immigration courts,
has a toll-free number that provides case status information to immigrants who have pending
deportation, exclusion, or removal cases.
Under the Freedom of Information Act, an immigrant can get a copy of his or her INS file by
mailing a request including his or her name, date of birth, and “A” number to the local INS office
where the file is located (with the phrase “Attention FOIA/Privacy Unit” written on the envelope
below the INS office address). The INS has a form for this purpose, Form I-639. With the
immigrant’s written permission on the form, you can submit the FOIA request to the INS so that
the file documents will be sent to you at your address.
If you are sure that an immigrant has lawful status, he or she should apply immediately for a re-
placement document, since the INS is usually slow to issue new documents.
To apply for a replacement resident alien card, or “green card,” lawful permanent residents (LPRs)
must complete and file Form I-90. Local INS districts may also place a temporary stamp in an
immigrant’s passport indicating that the immigrant is a permanent resident; local INS offices may
also issue other temporary evidence of permanent residence status or “I-551 status.”
To apply for a replacement Employment Authorization Document, Form I-766 (also known as an
“EAD”), the immigrant must complete and file an I-765 application form.
Replacements for the I-94 form (Arrival/Departure Record), which is the document issued to al-
most all noncitizens upon their entry into the U.S., may be obtained at a local INS office.
For some benefits programs, a receipt showing that the immigrant applied for a replacement docu-
ment evidencing LPR status is sufficient proof to receive benefits. Also, some programs are re-
quired to accept the “best available evidence” or help the applicant obtain needed documents (for
example, by paying relevant fees).

Guide to Immigrant Eligibility for Federal Programs 2002 • N I L C

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