.Purpose

Policy

Background

Release Date:  11/23/16

Definitions

Requirements

Verification Docs

Term

Description

Refugee

Refugees are legal noncitizens who have been:

·         Granted special immigration status (refugee) by the United States Citizenship and Immigration Services (USCIS) while outside the United States (U.S.), and

·         Admitted into the U.S. because of fear of persecution in his/her own country.

Asylee

An asylee is a person who meets the requirements for refugee status but has been granted asylum while already present in the U.S.  Asylees are individuals who, on their own, travel to the U.S. and apply for and receive a grant of asylum.  They may enter as students, tourists, businessmen, or without required documentation.  Once asylees are granted entry into the U.S., they are eligible to receive benefits/services to the same extent as a refugee. 

I-94, Paper Record

Arrival/Departure Record is used by refugees/asylees as verification of immigration status. The I-94 is usually issued upon arrival to the U.S.  A refugee’s verification of immigration status can also include the letter granting asylum, order of an immigration judge granting asylum, or a passport with an “asylee” designation.  

If a paper form is given, the I-94 is attached to the visitor’s passport and the departure date is stamped on the form.

I-94, Electronic Format

The I-94 form is the Arrivial/Departure Record and is in either paper or electronic format.  It is issued by a Customs and Border Protection (CBP) Officer to foreign visitors entering the U.S.  After April 20, 2013, most Arrival/Departure records have been created electronically upon arrival.  Instead of a paper form, the visitor is given an annotated stamp in the foreign passport.

Date of Entry (DOE)

The DOE is the date a person was admitted into the U.S. as a refugee or the date asylum was granted.  It is found on the I-94, letter granting asylum, an immigration order, or passport. The DOE is not found on the I-551, Permanent Resident Card, or the I-766, Employment Authorization Card.  Dates on these documents such as the permanent residence adjustment date are later than the refugee’s DOE.  When the DOE is not on the document provided, eligibility staff must ask for additional documentation (i.e., I-94 or paper copy at www.cbp.gov/i94, or letter granting asylum) for purposes of establishing the DOE.

REP

REP provides employment, educational and training services to refugees who have been in the U.S. five years or less. 

Exception:  Upon the approval of the State’s request for the Refugee Employment Social Services (RESS) Waiver by the Office of Refugee Resettlement (ORR), refugees may participate in REP beyond their five-year time limit as long as the participant has not attained U.S. citizenship.

GAIN

GAIN is the existing WtW Program for all CalWORKs participants and/or refugees who have been in the U.S. more than five years.  GAIN Program participants are enrolled in WtW activities to assist them in obtaining employment and becoming self-sufficient.

Systematic Alien Verification for Entitlements (SAVE)

SAVE is a government information services system that verifies the immigration status of applicants who apply for benefits.

USCIS IMMIGRATION STATUS REQUIREMENTS

For purposes of determining eligibility for RCA, a person must provide proof of one of the following statuses:

Paroled as a Refugee or Asylee – Section 212(d)(5) of the Immigration and Nationalization Act (INA)

Refugee – Section 207 of the INA

Asylee – Section 208 of the INA

·         Certified by the ORR as a noncitizen victim of a severe form of human trafficking.

·        T-Visa approved and/or derivatives with eligible certified T-Visa showing T-2, T-3, T-4, or T-5 Visa.

Amerasian – Section 402(a)(2)(A)(i)(V) of the INA

Legal Permanent Resident but must have previously held one of the statuses identified above – PRWORA Section 403.

For purposes of determining eligibility for RCA, the term “refugee” does not include

Any person with a USCIS status of:

·        Applicant for asylum (as distinguished from a person who has been granted asylum); or

·        Noncertified, noncitizen victim of a severe form of human trafficking or noncitizen victim of domestic violence or other serious crimes.

Although the individuals listed above may be eligible for other benefits and services, they are not eligible for federal RCA benefits.

RCA DOCUMENT GUIDE

Immigration Status

Description

Documentation includes, but is not limited to:

Paroled as Refugee or Asylee for one year or more – INA Section 212(d)(5)

Persons admitted usually under emergency circumstances.  “Parolees not admitted as refugees/asylees and admitted for a specific period are not eligible for benefits.   NonCuban/Haitian Humanitarian/Public Interest Parolees are not eligible to RCA but are eligible to CalWORKs, General Relief, CalFresh, and Medi-Cal.

·         I-94 Section 207 of the INA

·         I-688B Section 274a.12(a)(3)

·         I-766 Category “A3”

·         I-571

Cuban/Haitian - INA Section 501(e)

Cuban or Haitian nationals who are granted any special immigration status including Humanitarian/Public Interest Parole.

·         I-94 Section 212(d)(5), “(Paroled…,” “From I-589, filed “PIP per presidential policy 10/1/94,” Cuban/ Haitian Entrant (status pending)”

·         I-551 Category CU6, CU7 CU8, CU9, CU10, CUX, CUP, CUO, CU7P, CNP, or CH6

Unexpected temporary I-551 stamp in foreign passport or on I-94 with Category CU6 or CU7

Refugee – Immigration and Nationality Act (INA) Section 207

Persons admitted into the U.S. because of fear of persecution in their own country.

·         I-94 Section 207 of the INA

·         I-688B Section 274(a)(3)

·         I-786 Category “A3”

·         I-571

·         I-551 Category RE1, RE2, RE3, RE6, RE7, RE8, IC6, IC7, IC8, IC9, MB93

Asylee – INA Section 208, 208a

Person who meets the requirements for refugee status but are already present in the U.S. and have been granted asylum. 

Note:  Applicants for asylum

(pending approval) are not eligible for benefits.

·         I-94 Section 208 or 208(a) of the INA Category AS1, AS2, AS3, or with Visa (V-93)

·         I-688B Section 274a.12(a)(5), or 27a.12(c)(8)

·         I-766 Category “A5”

·         I-551 Category AS1, AS2, AS3, AS6, AS7. AS8

·         Grant letter from immigration or Asylum Office

·         Order of an immigration judge granting asylum

Certified Human Trafficking Victim/T-Visa Approved

Human trafficking is a form of modern-day slavery defined as “severe forms of trafficking in persons” to mean: 

·         Sex trafficking in which a commercial sex act is inducted by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or

·         The recruitment, harboring transportation, provision or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt, bondage, or slavery.

Trafficking victims must provide  proof that the T-Visa has been approved or ORR certification has been obtained.   

Note:  U-Visa applicants and trafficking victims not yet certified or without an approved T-Visa are not eligible to federal RCA benefits.  These individuals are eligible to State Trafficking and Crime Victims Assistance Program benefits provided all other eligibility requirements are met.  

Human Trafficking Derivatives

Eligible family members of a victim of a severe form of trafficking certified by ORR.

T-2, T-3, T-4, or T-5 Visa

Amerasian

Southeast Asian children fathered by U.S. citizens and born in Southeast Asia.  Spouses, children, parents, or guardians may accompany the immigrating Amerasian.

·         I-94 annotated with “584 of Foreign Operations Export Financing & Related Program App. Act,” or Category AM1, AM2, or AM

·         I-551 Category, AM1, AM2, AM3, AM6, AM7, AM8, A11, A12, A16, A17, A31, A32, A33, A36, A37, A38

·         Vietnamese or U.S. passport stamped AM1, AM2, AM3

Legal Permanent Resident (LPR)

Noncitizens who are lawfully admitted for permanent residence by USCIS provided the individual previously held one of the statuses identified above.  Also known as “Permanent Resident Alien,” “Resident Alien Permit Holder,” and “Green Card Holder.”

·         I-94 that states “Processed for I-551”

·         I-551

·         A foreign passport stamped showing unexpired temporary evidence of LPR status

·         I-327 “Reentry Permit” which is given to an LPR when traveling outside of the U.S. for an extended period of time

Conditional Entrants – INA Section 203

Primary method of entry for refugees from 1965 to 1980 (abolished 1980).

·         I-94 annotated with “Paroled as a refugee,” or “Paroled as an asylee,” or Section 203(a)(7)

·         I-766 Category “A3”

·         I-688B Section 274a.12(a)(3)

Withholding of Deportation/ Cancellation of Removal – INA Section 243(h), 241(b)(3)

Persons who prove they would be persecuted if returned to their country.  This status does not lead to permanent residence.

·         I-688B Section 274.12(a)(10)

·         I-766 Category “A10”

·         Order from immigration judge showing deportation withheld or cancellation of removal under section 243(h) or 241(b)(3)

Acceptable Documents to Verify Refugee Status

I-94 Card, Arrival and Departure Record

I-94 ARRIVAL AND DEPARTURE RECORD

The I-94 is Issued by Department of Homeland Security/CBP to noncitizens who have been granted admission into the U.S.  This is a white paper card.  The section number of the INA under which the noncitizen entered the U.S. may also be included in the Category area.  The date of entry is stamped.

Effective April 30, 2013, CBP discontinued issuing paper I-94 cards (see picture below) when noncitizens enter the country.  When departing the U.S., the paper I-94 card will be surrendered as usual.  Upon arrival to the U.S., the passport will be stamped (see passport below) and an admission number will be given to access the electronic I-94.  (See electronic I-94 below.)

The electronic I-94 can be printed within minutes of arrival at www.cbp.gov/i94.  Printing is not mandatory, but the printed paper I-94 may be needed to apply for benefits (driver’s license, bank account, etc.).  (F-1 visa students should have a notation of  F-1 / D/S.)

PAPER I-94 CARD – FRONT

PAPER I-94 CARD – BACK

ELECTRONIC I-94 CARD

Foreign visitors to the U.S. arriving via air or sea no longer need to complete paper CBP Form I-94. Those who need to prove their legal-visitor-status to government agencies can access their CBP arrival/departure record information online.  CBP now gathers travelers’ arrival/departure information automatically from their electronic travel records.  Because advance information is only transmitted for air and sea travelers, CBP will still issue a paper form I-94 at land border ports of entry.

I-551 Card, Permanent Resident Card

PERMANENT RESIDENT CARD (FORM I-551)

Usually, within a year of the DOE, the refugee is eligible to adjust his/her status to permanent resident.  At that time, the I-551, Permanent Resident Card (shown below), is issued.

USCIS issues Permanent Resident Cards (Form I-551), commonly called green cards, to individuals granted authorization to live and work in the U.S. on a permanent basis. The card is green in color and contains the bearer’s name, photo, fingerprint, card number, alien/USCIS number, birth date and card expiration date, along with several security features. The newest version introduced in May 2010, but the older versions are acceptable documentation.

The document number, also called a card number, is printed on the back of the current version of the card. The expiration date, circled below in blue, is located at the bottom on the front of the card, but the expiration date is generally ten years after the resident since/adjustment date. Previous versions of the card featured the document number and expiration date on the front of the card. The date of entry does not appear on the I-551and is earlier than the adjustment date.

FRONT

BACK

Stamped Passport

STAMPED PASSPORT

Upon arrival, a CBP officer stamps the travel document of each arriving non-immigrant traveler with the admission date, the class of admission, and the length of time the non-immigrant is allowed to travel. 

I-766 Card, Employment Authorization Document

I-766 EMPLOYMENT AUTHORIZATION CARD

Refugees who are not yet a U.S. citizen or a permanent resident,  may be eligible for employment authorization and may have an I-766 Employment Authorization Card.

The front of the card contains a photo, fingerprint, and signature of the rightful holder.  The reverse contains a standard bar code, magnetic strip and a two dimensional bar code which will contain unique card, biographic and biometric data.  The DOE does not appear on the I-766.

I-688B, Employment Authorization Document, formerly issued by  USCIS to noncitizens is no longer issued effective October 1, 2006.

An example of the current version of the Employment Authorization Document introduced May 2004 appears immediately below.  Earlier versions  are technically still valid, although because of the short terms of expiration, they are encountered much less frequently in practice. 

Employment authorization is for a limited period, usually not to exceed a year, but is renewable unless the basis for employment authorization has expired or been terminated for other reasons.  The front of the card contains a photo, fingerprint, and signature of the rightful holder.  The reverse contains a standard bar code, magnetic strip and a two-dimensional bar code which will contain unique card, biographic and biometric data. 

EMPLOYMENT AUTHORIZATION CARD (FRONT)

EMPLOYMENT AUTHORIZATION CARD (BACK)