.Purpose

Policy

Background

Release Date:

September 6, 2023

Definitions

Requirements

Verification Docs

Term

Description

Afghan Humanitarian Parolee (AHP)

Individuals who entered the U.S. lawfully based on an urgent humanitarian need and are paroled between July 31, 2021 and September 30, 2023.

Amerasian

A noncitizen born to U.S. citizen fathers in Vietnam after January 1, 1962 and before January 1, 1976. Spouses, children, and parents or guardians may accompany the noncitizen to the U.S.

A noncitizen born to U.S. citizen father in Korea, Vietnam, Laos, Kampuchea (Cambodia), or Thailand after December 31, 1950 and before October 22, 1982, who seeks admission to the U.S. and adjustment of status to Legal Permanent Resident (LPR).  Spouses, children, and parents or guardians may accompany the noncitizen to the U.S.

Asylee

A person in the U.S. or at a port of entry who is unable or unwilling to return to their country of nationality, or to seek the protection of that country because of persecution or a well-founded fear of persecution. Persecution or the fear thereof must be based on religion, nationality, membership in a particular social group or political opinion.

Citizen

All persons born or naturalized in the U.S., and subject to the jurisdiction thereof, are citizens of the U.S. and of the State wherein they reside.

Conditional Entrants

A person granted permanent resident status on a conditional basis (for example, a spouse of a U.S. citizen or an immigrant investor) who must petition to remove the conditions of their status before the second anniversary of the approval date of their conditional status.

Cuban/Haitian Entrant

Status accorded 1) Cubans who entered illegally or were paroled into the U.S. between April 15, 1980 and October 10, 1980; and 2) Haitians who entered illegally or were paroled into the country before January 1, 1981. Cubans and Haitians meeting these criteria who have continuously resided in the U.S. since before January 1, 1982, and who were known to Immigration before that date, may adjust to permanent residence under a provision of the IRCA of 1986.

DOE

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.

Note:  The DOE is not found on the I-551 or I-766. 

IRCA Amnesty Program

An act of Congress passed into law to control and deter illegal immigration to the U.S. Its major provisions stipulate legalization of undocumented aliens who had been continuously unlawfully present since 1982, legalization of certain agricultural workers, sanctions for employers who knowingly hired undocumented workers and increased enforcement at U.S. borders.

LPR

Any person not a citizen of the U.S. who is living in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as “permanent resident alien,” “resident alien permit holder,” and “Green Card holder.”

All LPRs are considered qualified noncitizens and are eligible for GR provided they meet all other GR eligibility requirements.

Noncitizen

A person without U.S. citizenship or nationality (may include a stateless person). This term is synonymous with “foreign national” and with “alien” as defined in Section 101(a)(3) of the Immigration and Nationality Act (INA) (8 U.S.C. 1101(a)(3)).

Noncitizen Without Sponsor(s)

A person lawfully admitted to the U.S. for permanent residence under immigration laws other than the family sponsored or certain employment sponsored categories and does not have sponsors of the type that incur a liability when the noncitizen obtains means-tested benefits.

This group includes but not limited to:

a.    Refugees;

b.    Asylees;

c.    Persons granted withholding of deportation;

d.    Amerasians;

e.    Human trafficking victims; and

f.     Special Immigrant Visa holders (e.g., Afghans, Iraqis, Cuban and Haitian entrants).

While it is possible for these individuals to be sponsored by an organization, such as a church or nongovernmental organization, they are not sponsored on an I-864 and the organization does not have to sign a legally binding Affidavit of Support that would subject that noncitizen individual to deeming requirements.

Non-Ukrainian Humanitarian Parolee (NUHP)

A person who last habitually resided in Ukraine and paroled into the U.S. between February 24, 2022 and September 30, 2023, due to urgent humanitarian reasons or for significant public benefit. This category includes Unaccompanied Children (UC) and Unaccompanied Refugee Minor (URM).

Parolee

The discretionary decision that allows inadmissible noncitizens to leave an inspection facility freely so that, although they are not admitted to the U.S., they are permitted to be physically present in the U.S. Parole is granted on a case-by-case basis for urgent humanitarian reasons or significant public benefit. Parole is not an “admission” or “entry.” The paroled individual is treated as an applicant for admission. Parole falls under the INA Section 212(d)(5)(A).

Pending Petition

A petition that has been submitted to the United States Citizenship and Immigration Services (USCIS) and a final decision has not yet been provided.

Permanently Residing Under Color of Law (PRUCOL)

A status used by some U.S. federal and state programs to help determine eligibility for public benefits.  It is used to describe certain noncitizens who may meet the immigration requirements for those programs. The definition of PRUCOL varies depending on the public benefit program the individual is applying for.

Note: The USCIS does not recognize PRUCOL as a valid immigration classification.

Prima Facie

The USCIS has determined that based on the face value of the evidence the case appears to be valid. A prima facie determination is an interim decision pending an approval/denial of the petition. Once the USCIS makes a prima facie determination, the battered noncitizen will receive a prima facie notice.

Qualified Noncitizens

Noncitizens who are potentially eligible for GR.

Refugee

Any person outside their country of nationality who is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution based on the person’s race, religion, nationality, membership in a particular social group, or political opinion.

Special Immigrant (SI) Conditional Permanent Resident (CPR)

An additional immigration status for Afghan arrivals who have an SI status under Section 602(b)(8) of the Afghan Allies Protection Act of 2009 but are yet to be deemed medically admissible. Once determined they are not medically inadmissible, USCIS may change their status to SI LPR.

SI LPR

A CPR becomes an LPR after the Department of Homeland Security (DHS) removes the conditions on their LPR admission.

Special Immigrant Visa (SIV)form Afghanistan and Iraq

Displaced Afghans/Iraqis who assisted the U.S. Armed Forces with translation and interpreter services were granted a visa before entering the U.S.

Special Immigrant Parolees (SIP) with SQ/SI Categories

Individuals granted parole before entering the U.S. due to an emergency.

Sponsored Noncitizen

A person lawfully admitted to the U.S. for permanent residence through either:

a.    Family-based petition; or

b.    Employment-based petition.

Their sponsor (an individual, employer, or resettlement agency) has signed an I-864, Affidavit of Support, which is an agreement to financially support the immigrant.

Systematic Alien Verification for Entitlements (SAVE)

An electronic information sharing database administered by the USCIS that allows federal, state, and local benefit-granting agencies to verify an applicant/participant’s immigration status or naturalized/derived citizenship.

Temporary Protected Status (TPS)

The secretary of the DHS may designate individuals from certain countries (or parts of countries), who are already in the U.S., for TPS due to conditions in that temporarily prevent the country’s nationals from returning safely, or in certain circumstances, where the country is unable to handle the return of its nationals adequately. Grants of TPS are initially made for periods of 6 to 18 months and may be extended.

T Nonimmigrant Status (T Visa)

A status that provides immigration protection to victims of trafficking. The T visa allows victims to remain in the U.S. and help law enforcement authorities in the investigation or prosecution of human trafficking cases.

Ukrainian Humanitarian Parolee (UHP)

Citizens or nationals of Ukraine paroled into the U.S. between February 24, 2022 and September 30, 2023, due to “urgent” humanitarian reasons or for significant public benefit. This category also includes URM and UC categories.

a.    UC: Prior to or instead of entering the URM Program, the unaccompanied minor may be placed in the UC Program (Office of Refugee Resettlement (ORR) custody) which provides care and placement for the UC pending release to families or sponsors rather than entering the URM Program.

b.    URM: Any citizen or national of Ukraine or other non-Ukrainian individuals who last habitually resided in Ukraine and is defined as an unaccompanied child. This includes a specialized foster care program to receive refugee services.

U Nonimmigrant Status (U Visa)

A status that provides immigration protection to crime victims who have suffered substantial mental or physical abuse as a result of the crime. The U visa allows victims to remain in the U.S. and help law enforcement authorities in the investigation or prosecution of the criminal activity.

USCIS

A federal department that is responsible for processing immigration and naturalization applications and establishing policies regarding immigration services, formerly known as Immigration and Naturalization Service (INS).

Undocumented Noncitizen

A person who does not have acceptable verification from the USCIS of their legal immigration status.

Violence Against Women Act (VAWA)

Allows abused noncitizen spouse or child of a U.S. citizen or LPR to apply directly on their behalf, for lawful immigration status without the assistance of the abusive spouse or parent.  Prior to VAWA, only a U.S. citizen or an LPR could petition the USCIS for their noncitizen spouse or children to become LPRs.

Withholding of Deportation/ Cancellation of Removal

A specific type of relief that does not offer permanent protection or a path to permanent residence and can be granted by an U.S. immigration judge. A person who is granted withholding of deportation/cancellation of removal may never leave the U.S. without executing that removal order, cannot petition to bring family members to the U.S., and does not gain a path to citizenship.

Immigration Status

Acceptable USCIS Documentation

Eligibility to GR

AHP (also known as Non-SI Parolee)

1.    I-94 with Class of Admission (COA) Codes – “OAR,” “OAW,” “PAR,” “DT,” “PAROLED,” or Humanitarian Parole per INA Section 212(d)(5)(A);

2.    Foreign passport with DHS/ Customs and Border Protection (CBP) admission stamp with COA Codes “OAR,” “OAW,” “PAR,” “DT,” “PAROLED,” Humanitarian Parole per INA Section 212(d)(5)(A);

3.    Interim Notice Authorizing Parole (INAP), noting parole under INA Section 212(d)(5)(A);

4.    I-765 receipt notice with Code C11; or

Note: This form is printed on plain paper and does not have a USCIS form number. If there is no other immigration document available, then the AHP applicant may contact the International Organization for Migration to request a copy of their I-765 receipt notice at afgovdocs@iom.int.

5.    I-766 with Code “C11.”

Eligible once they have exhausted Refugee Cash Assistance (RCA) benefits

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

1.    I-94 annotated with “584 of Foreign Operations Export Financing & Related Program App. Act,” or Category AM1, AM2, or AM3;

2.    I-551 with Category, AM1, AM2, AM3, AM6, AM7, AM8, A11, A12, A16, A17, A31, A32, A33, A37, or A38; or

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

Eligible once they have exhausted RCA benefits

Asylee

Asylee – INA Section 208 or 208a

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

2.    I-551 with Category AS1, AS2, AS3, AS6, AS7, or AS8;     

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

4.    I-766 with Category “A5”;     

5.    Asylum Approval Letter from a USCIS Asylum;       

6.    Order of an Immigration Judge granting asylum under Section 208 or 208a of the INA;

7.    Written decision from the Board of Immigration Appeals (BIA);

8.    I-571; or

9.    I-730 Approval Letter.

Eligible once they have exhausted RCA benefits

Conditional Entrant

N/A

No

Cuban/Haitian

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

2.    I-94 with Category CU6 or CU7;     

3.    I-551 with Category CU6, CU7, CU8, CU9, CU10, CUX, CUP, CUO, CU7P, CNP, or CH6; or

4.    Foreign passport with Temporary I-551 Alien Documentation Identification and Telecommunication (ADIT) stamp dated on or after October 10, 1980.

Eligible once they have exhausted RCA benefits

Diplomats

N/A

No

Hmong/Indo Chinese Highlanders

N/A

No

IRCA/Omnibus Budget Reconciliation Act (OBRA)

1.    I-151;

2.    I-551;

3.    I-94; or

4.    Other USCIS document showing permanent residency status.

Yes

LPR

1.    I-94 that states “Processed” for I-551;

2.    I-551 or I-151;

3.    A foreign passport stamped showing unexpired temporary evidence of LPR status; or

4.    I-327, Reentry Permit, which is given to an LPR when traveling outside of the U.S. for an extended period.

Yes

NUHP

1.    Any of the documents listed in the UHP category 1 thru 4; and

2.    Documentation of last habitual residence in Ukraine, such as an original Ukrainian government-issued document such as:

a.    A current driver license; or

b.    Identification card.

Eligible once they have exhausted RCA benefits

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

1.    I-94 Section 212(d)(5) of the INA;   

2.    I-688B Section 274a.12(a)(3);

3.    I-766 with Category “A3”; or

4.    I-571.

Eligible once they have exhausted RCA benefits

PRUCOL

N/A

No

Refugee – INA Section 207

1.    I-94 Section 207 of the INA;

2.    I-94 with Category RE1, RE2, RE3, RE6, RE7, RE8, IC6, IC7, IC8, IC9, or MB93;     

3.     I-551 with Category RE1, RE2, RE3, RE6, RE7, RE8, IC6, IC7, IC8, IC9, or MB93;

4.    Foreign passport with a stamp as “Parolee” under Section 207 of INA;     

5.    I-688B Section 274.12(a)(3);     

6.    I-766 with Category “A3”; or   

7.    I-571.

Eligible once they have exhausted RCA benefits

SI CPR

1.    Foreign passport with DHS/ CBP admission stamp under IV (immigrant visa) with Category CQ1, CQ2, or CQ3;

2.    I-551 with an IV code for Category CQ1, CQ2, or CQ3;

3.    Foreign passport with DHS/ CBP Temporary I-551 ADIT stamp;

4.    Foreign passport with DHS/ USCIS Temporary I-551 ADIT stamp;

5.    Foreign passport with Machine-Readable Immigrant Visa (MRIV) with Category CQ1, CQ2, or CQ3;

6.    I-765 receipt notice with Code C11; or

7.    I-766 with Code C11.

Note: Additional verification SAVE responses will state "CPR" and provide the COA in the "Comments to Agency" field.

Eligible once they have exhausted RCA benefits

SI LPR

1.    I-551 with Category SQ1, SQ2, SQ3. SQ6, SQ7, or SQ8;

2.    Foreign passport with MRIV with Category SQ1, SQ2, SQ3; SQ6, SQ7, or SQ8; or

3.    Foreign passport with Temporary I-551 ADIT stamp with Category SQ1, SQ2, SQ3. SQ6, SQ7, or SQ8.

Yes

SIP

1.    I-94 noting SQ or SI Parole [per Section 602(B)(1)

AAPA/Sec 1059(a) NDAA 2006];

2.    I-765 receipt notice with Code C11; or

3.    I-766 with Code C11.

Eligible once they have exhausted RCA benefits

SIV

1.    I-551;

2.    Foreign passport with DHS/ CBP Temporary I-551 ADIT stamp;

3.    Foreign passport with DHS/ USCIS Temporary I-551 ADIT stamp;

4.    Foreign passport with MRIV;

5.    I-765 receipt notice with Code SQ1, SQ2, SQ3, SQ6, SQ7, or SQ8; or

6.    I-766 with Code SQ1, SQ2, SQ3, SQ6, SQ7, or SQ8.

Eligible once they have exhausted RCA benefits

Sponsored Noncitizen

1.    I-151;

2.    I-551; or

3.    Other USCIS document showing permanent residency status.

Potentially eligible for GR

Refer to 43-200 Sponsored Noncitizens policy for details.

Student Visa

N/A

No

TPS without Humanitarian Parolee

N/A

No

T Visa

1.    Written notice or letter from USCIS confirming the I-914, Petition for T Nonimmigrant Status was received, approved, or in the appeals process; or

2.    I-797 or I-797C confirming the T Visa petition status.   

Note: A confirmation receipt printed from the USCIS website indicating a status of pending, approved, or in USCIS' appeals process is acceptable.

Eligible once they have exhausted RCA benefits.

Note: Noncitizens with a USCIS denied petition who did not file an appeal at USCIS are not eligible for GR. 

Tourist Visa

N/A

No

Undocumented Noncitizen

N/A

No

UHP

1.    I-94 noting humanitarian parole per:

a.    INA Section 212(d)(5); or 8 U.S.C Section 1182(d)(5); and

b.    A “U4U,” “UHP,” “PAR,” or “DT” Code of Admission.

2.    Foreign passport with DHS/CBP admission stamp indicating “Paroled” and noting “U4U,” “UHP,” “PAR,” or “DT”;

3.    I-765 receipt notice with Code “C11”; or

4.    I-766 with Code C11.

Eligible once they have exhausted RCA benefits

U Visa

1.    Written notice or letter from USCIS confirming the I-918, Petition for U Nonimmigrant Status was received, approved, or in the appeals process;

2.    I-797 or I-797C indicating the status of the U Visa petition status; or

3.    I-766 with Code A19 or A20.

Note: A confirmation receipt printed from the USCIS website indicating a status of pending, approved, or in USCIS' appeals process is acceptable.

Eligible once they have exhausted RCA benefits.

Note: Noncitizens with a USCIS denied petition who did not file an appeal at USCIS are not eligible for GR. 

VAWA

1.    I-797 or I-787C, indicating an approved petition, a prima facie or a pending petition for self-petitioners; or

2.    A letter from the Immigration Judge or from the BIA that indicates:

a.    Giving approval of status or establishing a prima facie case; or

b.    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 240(b)(2) of the INA.

Yes

Visitor

N/A

No

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

1.    I-688B Section 274.12(a)(10);·      

2.    I-766 Category “A10”; or      

3.    Order from Immigration Judge showing deportation withheld or cancellation of removal under Section 243(h) or 241(b)(3).

Eligible until USCIS revokes the indefinite status

Work Visa

N/A

No

Acceptable Documents

I-94 or I-94A Arrival/

Departure Form

Paper I-94, front

Paper I-94, back

Electronic I-94

I-551 Permanent Resident Card (formerly known as I-151 Alien Registration Card, also commonly known as “Green Card”)

Current Form I-551, front and back

Previous Form I-551, front and back

Older form I-551, fornt and back

Older form I-551, fornt and back

Foreign Passport with Temporary

I-551 ADIT Stamp or MRIV

Parole Stamp in Passport with OAR COA

Unexpired Foreign Passport with Temporary Form I-551 ADIT Stamp

Temporary I-551 printed notation on a MRIV

I-766 Employment

Authorization Document (EAD)

Current I-766, front and back

Previous I-766, front and back

I-765 Application for Employment Authorization Receipt Notice

I-765 Receipt Notice is available in applicant’s/participant’s online account at www.uscis.gov, if the I-765 was filed online and/or as a paper version, when it is mailed to them.

I-797, Notice of Action

I-797C

I-797C Form after 04/02/2012

I-797C Form before 04/02/2012

Letter from USCIS

N-550 Certification of Naturalization