61344 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
When completed, the interim operations outside the current boundaries. In the DEPARTMENT OF JUSTICE plan will supersede the annual interim Reclamation entered into a operations plans/advisories and will series of annual water service contracts [AG Order No. 2129±97] guide Project operations until with WID so irrigation of lands outside completion of the adjudication. At that of the district boundaries with federally Interim Guidance on Verficiation of time, the interim plan will be revised as supplied water could continue while Citizenship, Qualified Alien Status and necessary and additional NEPA issues surrounding the boundary Eligibility Under Title IV of the Personal Responsibility and Work Opportunity documentation may be required. expansion were resolved. Reconciliation Act of 1996 Dated: November 5, 1997. Reclamation and the Natural John F. Davis, Resources Department of the AGENCY: Department of Justice. Acting Regional Director. Confederated Tribes of the Umatilla ACTION: Notice of interim guidance with [FR Doc. 97–30096 Filed 11–14–97; 8:45 am] Indian Reservation (CTUIR) held public request for comments. BILLING CODE 4310±94±P meetings on November 4 and December 17, 1993, to gather comments from the SUMMARY: Title IV of the Personal public concerning the ‘‘Proposed Responsibility and Work Opportunity DEPARTMENT OF THE INTERIOR Reconciliation Act of 1996 Boundary Changes for Irrigation (‘‘PRWORA’’) requires the Attorney Districts in the Umatilla Project, Bureau of Reclamation General, by February 1998, to Oregon.’’ Key issues identified in the promulgate regulations requiring Westland Irrigation District Boundary scoping effort included Umatilla River verification that an applicant for federal Adjustment, Hermiston, OR hydrology and passage conditions for public benefits is a qualified alien AGENCY: Bureau of Reclamation, anadromous fish, Native American trust eligible to receive federal public benefits Interior. resources, and continued viability of under the Act. Amendments to the ACTION: Notice of intent to prepare an irrigated agriculture. Based on the PRWORA by the Illegal Immigration environmental impact statement. complex and often controversial nature Reform and Immigrant Responsibility of the issues involved, the high level of Act of 1996 also require the Attorney SUMMARY: Pursuant to the National public and agency interest, and General, within the same time period, to Environmental Policy Act (NEPA) of Reclamation’s Native American trust establish fair and nondiscriminatory 1969, as amended, the Bureau of responsibilities, Reclamation concluded procedures for applicants to provide Reclamation (Reclamation) intends to that an EIS should be prepared. Since proof of citizenship. Amendments to the prepare an environmental impact then, a hydrologic model of the Umatilla PRWORA by the Balanced Budget Act of statement (EIS) for a proposed boundary basin, necessary to complete the 1997 require the Attorney General, by adjustment to include additional lands assessment of the proposed boundary November 3, 1997, to issue interim into the Westland Irrigation District. adjustment, has been developed. verification guidance that sets forth Westland Irrigation District (WID) Completion of the hydrologic model is procedures that benefit providers can proposes the addition of 21,100 acres, of anticipated for February 1998. use to verify citizenship, qualified alien which 9,912 acres are currently status, and eligibility under Title IV of irrigated, into their boundaries. Four alternatives are proposed, the PRWORA prior to issuance of the The NEPA process was initiated in including the no action alternative. final regulations. In accordance with late 1993 and, as a result of comments Under the no action alternative all this last statutory requirement, the received then, has been on hold until deliveries of federally supplied water by Attorney General, in consultation with additional information was obtained. WID to lands outside of the current federal benefit-granting agencies, has This notice is to inform the public of the district boundaries would cease. Under developed this interim guidance. resumption of the NEPA process and the the action alternatives some, or all, of preparation of an EIS. DATES: This Interim Guidance is these deliveries could continue. The effective October 29, 1997. FOR FURTHER INFORMATION CONTACT: Mr. draft EIS is expected to be completed in ADDRESSES: Comments should be John Tiedeman, UCA–1607, Upper March of 1999. Columbia Area Office, Bureau of submitted to: John E. Nahan, Reclamation, PO Box 1749, Yakima WA At this time, no additional scoping Immigration and Naturalization Service, 98907–1749; Telephone (509) 575–5848 meetings are planned. A summary of 425 I St., N.W., ULLICO Building, 4th extension 238. scoping issues identified through Floor, Washington, D.C. 20536, (202) previous meetings is available upon SUPPLEMENTARY INFORMATION: WID is 514–2317. one of several districts in the Umatilla request. Anyone interested in more FOR FURTHER INFORMATION CONTACT: basin either served by federally owned information concerning the proposed John E. Nahan, Immigration and facilities or receiving federally action or who has information Naturalization Service, 425 I St., N.W., controlled water. A Federal repayment concerning significant environmental ULLICO Building, 4th Floor, contract with WID requires that changes issues, should contact Mr. Tiedeman as Washington, D.C. 20536, (202) 514– to district boundaries must be approved provided under the FOR FURTHER 2317. by the Secretary of the Interior. During INFORMATION CONTACT section. SUPPLEMENTARY INFORMATION: By the studies undertaken to implement the Dated: October 17, 1997. authority vested in me as Attorney Umatilla Basin Project Act, it became John W. Keys, III, General by law, including section 432(a) apparent that WID was providing of the Personal Responsibility and Work federally supplied water to lands Regional Director, Pacific Northwest Region. Opportunity Reconciliation Act of 1996 outside of the district boundaries. In [FR Doc. 97–30062 Filed 11–14–97; 8:45 am] (as amended), I hereby issue the 1993, to address this problem, WID BILLING CODE 4310±94±M following Interim Guidance on requested that Reclamation allow a Verification of Citizenship, Qualified change in their boundaries so that they Alien Status and Eligibility Under Title may provide irrigation water to lands IV of the Personal Responsibility and Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61345
Work Opportunity Reconciliation Act of benefits under the Act. If at any step you administered by the Department of 1996. determine that you are not required to Housing and Urban Development) Dated: October 29, 1997. verify (or further verify) immigration already require, absent a waiver, Janet Reno, status, you should not go on to the verification of the immigration status of following step(s). If you have any noncitizens applying for benefits Attorney General. questions regarding verification of through the Systematic Alien Interim Guidance on Verification of immigration status pursuant to this Verification for Entitlements (‘‘SAVE’’) Citizenship, Qualified Alien Status and Guidance, contact the local office of the system. SAVE is an intergovernmental Eligibility Under Title IV of the Immigration and Naturalization Service information-sharing program that is Personal Responsibility and Work (‘‘INS’’) serving your geographic area. A available to benefit-granting agencies Opportunity Reconciliation Act of 1996 list of local INS offices is set forth in that need to determine an alien’s Attachment 1. Attachment 1 also immigration status. With one exception, Introduction includes a copy of INS Form G–845 and nothing in the Act changes preexisting A. Summary the Supplement thereto to be used to legal requirements regarding use of the Title IV of the Personal Responsibility verify immigration status pursuant to SAVE system or relieves the and Work Opportunity Reconciliation this Guidance. administrators of statutorily mandated This Guidance applies only to federal Act of 1996 (the ‘‘Act’’) provides that, programs of their obligations to comply public benefits, and does not directly with the SAVE program (including the with certain exceptions, only United address the citizenship and immigration terms of any waiver of SAVE program States citizens, United States non- requirements that Title IV of the Act requirements received from the citizen nationals and ‘‘qualified aliens’’ imposes on the provision of state and appropriate federal agency); section 840 (and sometimes only particular local public benefits. To the extent that of the Act, however, did remove the categories of qualified aliens) are you are required to verify that an requirement that a state agency use the eligible for federal, state and local applicant is a U.S. citizen, U.S. non- SAVE system to verify eligibility for public benefits. The Act, as amended by citizen national or qualified alien when Food Stamps. You should note that the Balanced Budget Act of 1997, determining eligibility for a state or SAVE does not provide all of the requires the Attorney General, by local program, however, the Attorney information that may now be necessary November 3, 1997, to issue interim General will be promulgating to determine an individual’s eligibility guidance on the verification of regulations that set forth procedures by under Title IV of the Act. You should eligibility of aliens for federal public which state and local providers can use this Guidance to obtain or verify benefits. The Act also requires the verify alien eligibility for such benefits. that new information. Attorney General, by February 1998, to During the interim, we advise that you promulgate final regulations requiring use this Guidance in consultation with D. Exemption for Nonprofit Charitable verification that an applicant is a state and local authorities. Organizations qualified alien eligible to receive federal Subject to such verification public benefits under the Act. States B. Programs With Governmental regulations as the Attorney General may have an additional twenty-four months Verification subsequently adopt and the limitations to put into effect a verification system Some federal programs (e.g., set forth immediately below, a that complies with those regulations. Medicaid) require federal, state and ‘‘nonprofit charitable organization’’ Amendments to the Act by the Illegal local governmental agencies, but not providing a federal, state or local public Immigration Reform and Immigrant private providers, to verify citizenship benefit covered by the Act is not Responsibility Act of 1996 further and immigration status as part of required under Title IV of the Act to require the Attorney General to establish program eligibility determinations. The determine, verify, or otherwise require fair and nondiscriminatory procedures private entities actually providing the proof of an applicant’s eligibility for for applicants to provide proof of benefits must abide by the verification such benefits based on the applicant’s citizenship. Benefit providers, however, determination made by the status as a U.S. citizen, U.S. non-citizen are required to implement the Act, and governmental agency; they engage in no national or qualified alien. Thus, a hence to make determinations regarding independent verification. Nothing in nonprofit charitable organization is not citizenship, qualified alien status, and this Guidance modifies such program required by the Act to seek an eligibility under Title IV of the Act, requirements: providers of benefits applicant’s confirmation that he or she before the Attorney General’s issuance under programs where verification is is a qualified alien, or to have a separate of new regulations and the States’ performed by a governmental agency are entity verify the applicant’s status development of conforming verification not required by this Guidance to verify before providing benefits. To be eligible systems. that an applicant is a U.S. citizen, non- for this exemption, an organization must This memorandum provides guidance citizen national or qualified alien, and be both ‘‘nonprofit’’ and ‘‘charitable.’’ on how to verify citizenship, they should not engage in such For purposes of this Guidance, an immigration status and eligibility under verification. They should continue to organization is ‘‘nonprofit’’ if it is Title IV of the Act during this interim provide benefits pursuant to program organized and operated for purposes period. This guidance adopts a four-step requirements based on the verification other than making gains or profits for procedure: (1) Determine if your determinations made by the appropriate the organization, its members or its program provides a ‘‘federal public governmental agency. shareholders, and is precluded from benefit’’ subject to the Act’s verification distributing any gains or profits to its requirements; (2) Determine whether the C. Programs Currently Required To Use members or shareholders. An applicant is otherwise eligible for the SAVE System organization is ‘‘charitable’’ if it is benefits under general program Some federal programs (e.g., organized and operated for charitable requirements; (3) Verify the applicant’s Medicaid, unemployment purposes. The term ‘‘charitable’’ should status as a U.S. citizen, U.S. non-citizen compensation, educational assistance be interpreted in its generally accepted national or qualified alien; and (4) under Title IV of the Higher Education legal sense as developed by judicial Verify the applicant’s eligibility for Act of 1965, assisted housing programs decisions. It includes organizations 61346 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices dedicated to relief of the poor and release of information about the only for purposes of verifying the distressed or the underprivileged, as individual to a nongovernmental entity. applicant’s eligibility for benefits under well as religiously-affiliated The consent must be notarized or the Act and, if you are a governmental organizations and educational executed under penalty of perjury. (INS entity, for sharing such information organizations. If you have any questions Form G–639 may be used for this with the INS and other governmental as to whether your organization is a purpose.) entities as provided by the Act. You nonprofit charitable organization E. Nondiscrimination and Privacy should also review the Privacy Act (5 exempt from the Act’s verification Requirements U.S.C. 552a), state and local privacy requirements, you should contact the laws, and your program’s requirements federal, state or local agency overseeing Various federal civil rights laws and to ensure that you comply with all the program you administer to obtain regulations prohibit discrimination by applicable privacy requirements. guidance. governmental and private entities on the The exemption for nonprofit basis of race, color, national origin, Verification Procedures charitable organizations is limited to gender, religion, age and disability. Step 1: Determine if Your Program verification requirements imposed by They include Title VI of the Civil Rights Provides a ‘‘Federal Public Benefit’’ Title IV of the Act and to those Act of 1964, 42 U.S.C. 2000d et seq. Subject to the Act’s Verification instances in which the nonprofit (‘‘Title VI’’), Section 504 of the Requirements charitable organization itself would be Rehabilitation Act of 1973, 29 U.S.C. required by Title IV to engage in 794, the Americans with Disabilities Act The Act’s requirement that benefit verification. Certain programs, however, of 1990, 42 U.S.C. 12101 et seq., the Age recipients be U.S. citizens, U.S. non- require federal, state and local agencies Discrimination Act of 1975, 42 U.S.C. citizen nationals or qualified aliens does to verify citizenship and immigration 6101 et seq., and the Fair Housing Act, not apply to all federally funded activity status as part of program eligibility 42 U.S.C. 3601 et seq. These laws apply or programs; it applies only to non- determinations, while benefits are to entities’ provision of any public exempted ‘‘federal public benefits’’. provided, at least in part, by charitable benefits, including their implementation Therefore, benefit providers should first organizations. Other programs currently of the Act. In particular, Title VI determine whether the particular require verification by the charitable prohibits discrimination on the basis of program they are administering organization itself. These independent race, color, or national origin in any provides a ‘‘federal public benefit’’ for requirements are not altered by the program or activity, whether operated which the Act requires them to verify provision exempting nonprofit by a public or private entity, that citizenship, nationality or immigration charitable organizations from the Act’s receives federal funds or other federal status. Preliminary guidance on which verification requirements. If a non- financial assistance. Thus, in operating programs provide ‘‘federal public exempt entity (e.g., a state agency) or participating in a federally assisted benefits’’ subject to the Act’s performs verification for benefits program and implementing the verification requirements is set forth in provided through a nonprofit charitable requirements of the Act, including those Attachment 3. If the federal program organization, you must abide by those set forth in this Guidance, a provider does not provide a ‘‘federal public determinations. Similarly, if your should not, on the basis of race, color benefit’’ covered by the Act (e.g., the program has procedures unrelated to or national origin, directly or indirectly program is exempted by Attorney Title IV of the Act that require differentiate among persons in the types General Order No. 2049, 61 FR. 45,985 verification by your charitable of program services, aids or benefits it (1996), regarding government-funded organization, or adopts such procedures provides or the manner in which it community programs, services or in the future, you must comply with provides them. For example, benefit assistance that are necessary for the such procedures. providers should treat all similarly protection of life or safety), the benefit A nonprofit charitable organization situated individuals in the same provider is not required to, and should that chooses not to verify cannot be manner, and should not single out not attempt to, verify an applicant’s penalized (e.g., through cancellation of individuals who look or sound foreign status, unless otherwise required or its grant or denial of reimbursement for for closer scrutiny or require them to authorized to do so by law, because all benefit expenditures) for providing provide additional documentation of aliens, regardless of their immigration federal public benefits to an individual citizenship or immigration status. The status, are eligible for such benefits. who is not a U.S. citizen, U.S. non- nondiscrimination requirements of Title If one program provides several citizen national or qualified alien, VI and other applicable civil rights laws public benefits, the Act’s requirements except when it does so either in are discussed more fully in Attachment apply only to those benefits that are violation of independent program 2. non-exempted federal public benefits verification requirements or in the face If you have questions regarding issues under the Act. A provider is not of a verification determination made by of discrimination that may arise with required to, and should not, verify the a non-exempt entity. However, if your respect to benefit-granting procedures or citizenship, nationality and immigration organization chooses to verify, even the implementation of this Guidance, status of applicants for other benefits though it is a nonprofit charitable you should contact the civil rights office provided by the program that do not organization that is not required to do of the pertinent benefit-granting agency constitute federal public benefits. so under the Act, you should comply or the applicable office in the Civil Step 2: Determine Whether Applicant is with the procedures set forth in this Rights Division of the U.S. Department Eligible for Benefits Under General Guidance and provide benefits only to of Justice. Contact numbers in the U.S. Program Requirements those whom you verify to be U.S. Department of Justice, Civil rights citizens, U.S. non-citizen nationals or Division are set forth in Attachment 2. Given the potential intrusiveness and qualified aliens. Any verification When implementing the Act’s possibly time-consuming nature of the request to INS by a nonprofit charitable verification requirements, you should be citizenship and alien status verification organization must be accompanied by sensitive to privacy interests, and inquiry, a provider should determine the written consent of the individual should use the citizenship and whether an applicant otherwise meets whose status is to be verified to the immigration status information received specific program requirements for Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61347 benefit eligibility before initiating the Except as set forth in this paragraph, with the INS (in the case of a verification process, unless determining if your program provides a non- naturalized citizen) or the federal program eligibility would be exempted ‘‘federal public benefit,’’ and agency or department that oversees your considerably more complex and time- thus is available only to U.S. citizens, program. consuming than verifying immigration U.S. non-citizen nationals and qualified 2. Verify Status. A number of status. This will reduce verification aliens, you should verify an applicant’s programs have existing procedures for inquiries that prove unnecessary status as set forth below. If you are a verifying that an applicant is a U.S. because the applicant is not otherwise private provider of a ‘‘federal public citizen or non-citizen national for eligible for the benefits requested. This benefit’’ and your program requires purposes of program eligibility. You Guidance does not address these other verification by a federal, state or local should continue to comply with any program eligibility requirements; a governmental agency, but not by a existing or future legal requirements for provider should refer to the statute, private provider, you should not engage verifying citizenship and nationality regulations and agency guidance (if any) in any independent verification and that are imposed on your program, as governing its program for such should continue to comply with the well as with any applicable existing or requirements. (Note, however, that Title verification determinations made by the future guidance provided by the agency IV contains provisions requiring that, appropriate governmental entity. If you or department overseeing your program. upon the effective date of the new are on the SAVE system, you should If a program has no requirements or affidavit of support, required under continue following the SAVE guidance regarding verification, a section 213A of the Act, when procedures and should use this benefit provider should refer to this determining eligibility for federal Guidance only for matters not addressed Guidance. means-tested public benefits and the under the SAVE program. The appropriate method of verifying amount of such benefits to which an A. U.S. Citizen or Non-Citizen National an applicant’s citizenship will depend alien is entitled, the income and upon the requirements and needs of the resources of the alien be deemed to 1. Ask for Declaration of Status. If you particular program, including, but not include those of any person executing are required to verify an applicant’s limited to , the nature of the benefits to an affidavit of support on behalf of the status as a U.S. citizen, U.S. non-citizen be provided, the need for benefits to be alien and that person’s spouse, if national or qualified alien, you should provided on an expedited basis, the applicable, with certain exceptions for begin by asking the applicant to submit length of time during which benefits indigent qualified aliens and aliens who a written declaration, under penalty of will be provided, the cost of providing (or whose children or parents) have perjury, that he or she is a citizen or the benefits, the length of time it will been battered or subjected to extreme non-citizen national of the U.S. (or that take to verify based on a particular cruelty in the U.S. by a spouse, parent he or she is a qualified alien—see method, and the cost of a particular or member of the spouse or parent’s Paragraph B.1. below). method of verification. For example, a family. See Exhibit B of Attachment 5.) Subject to certain exceptions and benefit provider could adopt a quick Determining program eligibility will qualifications (particularly with respect and simple verification procedure if it normally include verifying that the to derivative citizenship), a United provides short-term benefits and the applicant is who he or she claims to be. States citizen is: cost of extensive verification will Although many of the documents and • A person (other than the child of a outweigh the cost of the benefits or if procedures relevant to determining foreign diplomat) born in one of the verification will be time-consuming and citizenship or immigration status may several States or in the District of the benefits are needed in the short also be relevant to identity verification, Columbia, Puerto Rico, Guam, the U.S. term. On the other hand, if the benefit this Guidance is designed to provide Virgin Islands, or the Northern Mariana provider provides substantial, long-term assistance in determining the status of Islands who has not renounced or benefits, it may be reasonable to require applicants whose identity has already otherwise lost his or her citizenship; been verified, and does not address • A person born outside of the United more extensive verification of appropriate identity verification States to at least one U.S. citizen parent citizenship. procedures. It is your responsibility to (sometimes referred to as a ‘‘derivative Regardless, a benefit provider’s assure yourself, pursuant to non- citizen’’); or decision as to the appropriate method discriminatory procedures, of the • A naturalized U.S. citizen. must be made in a non-discriminatory identity of the applicant. As a general matter, a United States fashion; for example, it cannot turn on non-citizen national is a person born in the fact that the applicant looks or Step 3: Verify Applicant’s Status as A an outlying possession of the United sounds foreign or has an ethnic U.S. Citizen, U.S. Non-Citizen National States (American Samoa or Swain’s surname. A benefit provider should or Qualified Alien Island) on or after the date the U.S. adopt neutral procedures that apply Because the process of verifying an acquired the possession, or a person equally to all applicants regardless of individual’s status as a U.S. citizen, U.S. whose parents are U.S. non-citizen their appearance, ethnicity or accent. A non-citizen national or qualified alien nationals (subject to certain residency benefit provider should not implement raises significant issues involving requirements). its procedures in a manner that privacy and anti-discrimination The law regarding U.S. citizenship discriminates against applicants whom protections, no verification of an and nationality is complex. These broad it assumes to be foreign; nor should a applicant’s status as a U.S. citizen, U.S. definitions are provided for general benefit provider treat any applicant in a non-citizen national or qualified alien guidance only, and do not address all of more beneficial manner based on should be undertaken where benefits are the complexities involved in attaining assumptions as to the applicant’s not contingent on such status. In or losing status as a U.S. citizen or non- citizenship. (See Nondiscrimination addition, if an alien is applying for citizen national. See 8 U.S.C. 1401 et Advisory in Attachment 2.) benefits on behalf of another person, seq. To verify that an applicant is a U.S. you may, under federal law, only verify If you have any questions regarding citizen or non-citizen national, a benefit the status of the person who will whether an applicant is a U.S. citizen or provider could do any one of the actually be receiving the benefits. non-citizen national, you should consult following: 61348 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
(a) Ask the applicant to present a should be used with caution in benefits only if the applicant submits a document demonstrating that he or she appropriate circumstances. For written declaration, under penalty of is a U.S. citizen or non-citizen national. example, before using these options, a perjury, that he or she has an Documents that can be used to make provider might require the applicant to immigration status that makes him or this demonstration are described in demonstrate why a document her a ‘‘qualified alien’’ and you verify Attachment 4. (A benefit provider may evidencing that he or she is a U.S. that status as set forth below. also consult records of verified citizen or non-citizen national does not A ‘‘qualified alien’’ is: citizenship, if any, maintained by the exist or cannot be readily obtained. • An alien lawfully admitted for agency overseeing its program.) Such a requirement must be imposed permanent residence under the (i) If the document reasonably appears equally on all applicants, and cannot be Immigration and Nationality Act on its face to be genuine and to relate applied in a discriminatory manner. (‘‘INA’’); to the individual presenting it (or, if 3. Action Pending Verification. In an • An alien granted asylum under your program already has existing applicant has satisfied the above section 208 of the INA; guidance or procedures mandating a requirements regarding submission of a • A refugee admitted to the U.S. higher standard of proof for acceptance sworn declaration and presentation of under section 207 of the INA; of documentary evidence of status, the any other required evidence of status, • An alien paroled into the U.S. document satisfied that higher you should refer to the legal under section 212(d)(5) of the INA for at standard), the provider should accept requirements of your program and to least one year; the document as conclusive evidence any applicable guidance provided by • An alien whose deportation is being that the applicant is a U.S. citizen or the federal agency or department withheld under section 243(h) of the non-citizen national, and should not overseeing your program to determine if INA as in effect prior to April 1, 1997, verify status any further. you should grant or withheld benefits or whose removal is being withheld (ii) If the document presented does during the period of time in which you under section 241(b)(3) of the INA; not on its face reasonably appear to be are verifying the applicant’s status. If • An alien granted conditional entry genuine (or to satisfy a higher applicable your program has no such requirements pursuant to section 203(a)(7) of the INA standard) or to relate to the individual or guidance and the applicant has as in effect prior to April 1, 1980; • presenting it, the benefit provider submitted a written declaration, under An alien who is a Cuban or Haitian should contact the governmental entity penalty of perjury, that he or she is a entrant as defined in section 501(e) of that originally issued the document U.S. citizen or non-citizen national, you the Refugee Education Assistance Act of presented or that can confirm the should not delay, deny, reduce or 1980; or • applicant’s status as a U.S. citizen or terminate the applicant’s eligibility for An alien who (or whose child or non-citizen national. (With regard to benefits under the program on the basis parent) has been battered or subjected to naturalized citizens and derivative of an applicant’s citizenship or extreme cruelty in the U.S. and citizens presenting certificates of nationality during the period of time it otherwise satisfies the requirements of citizenship, the INS is the appropriate takes to verify his or her status. § 431(c) of the Act (see Exhibit B of governmental entity to contact for 4. Take Action Based on Results of Attachment 5). verification of such status. If the Verification. If you verify that the 2. Request Documentation of applicant presents a document relating applicant is a U.S. citizen or non-citizen Immigration Status. Ask the applicant to to such status and that document does nation, you are subject to no further provide documentation evidencing his not on its face reasonably appear to be verification requirements under Title IV or her status as a qualified alien. The genuine or to relate to the applicant (or of the Act and should grant the benefits documents that will demonstrate that an to satisfy a higher applicable standard), requested if the applicant is otherwise applicant is a ‘‘qualified alien’’ are the provider may request verification of eligible for them under the specific described in Attachment 5. Note that, if status by filing INS Form G–845 along program’s requirements. If you cannot the applicant is applying for federal with copies of the pertinent documents verify that the applicant is a U.S. citizen means-tested public benefits covered by provided by the applicant with the local or non-citizen national after exhausting the Act, or possibly a program funded INS office. If an applicant has lost his the above-described methods (and the by a Social Services Block Grant, the or her original documents or never had applicant is not a qualified alien—see applicant may well have to present an original document demonstrating below), you should deny the benefits additional documentation naturalized or derivative citizenship, requested, and notify the applicant demonstrating eligibility under the refer the applicant to the local INS office pursuant to your regular procedures of Act—see Step 4 below—and you will to obtain documentation of status.) his or her rights under the applicable also want to ask the applicant to provide (b) Accept a written declaration, made program to appeal the denial of benefits. any such additional documentation under penalty of perjury and possibly If the INS was involved in the provider’s demonstrating eligibility. subject to later verification of status, attempt to verify naturalized or 3. If Supported by Documents, from one or more third parties derivative citizenship, the INS will, Conclude that the Applicant is a indicating a reasonable basis for upon request of the agency or Qualified Alien. If the documentation personal knowledge that the applicant is department handling the appeal, reasonably appears on its face to be a U.S. citizen or non-citizen national. conduct a thorough review of its initial genuine (or, if your program already has (c) Accept the applicant’s written verification response and will provide existing guidance or procedures declaration, made under penalty of the agency or department with mandating a higher standard of proof for perjury and possibly subject to later information in its possession necessary acceptance of documentary evidence of verification of status, that he or she is to resolve the appeal. immigration status, the document a U.S. citizen or non-citizen national. satisfies that higher standard) and to The options described in B. Qualified Alien relate to the individual presenting it, subparagraphs (b) and (c) above present 1. Ask for Declaration of Status. If an you should accept the documentation as a greater potential for undetected false applicant is not a U.S. citizen or U.S. conclusive evidence that the applicant claims of being a United States citizen non-citizen national, you may grant the is a qualified alien, you should not or non-citizen national, and therefore applicant non-exempt federal public further verify immigration status with Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61349 the INS (unless you are a SAVE user, in documentation of status. In unusual the agency or department with which case you should proceed to verify cases involving applicants who are information in its possession necessary status according to SAVE procedures), hospitalized or medically disabled, or to resolve the appeal. and you should proceed to determine if who can otherwise show good cause for Step 4: Verify Eligibility Under the Act the applicant satisfies the Act’s other their inability to present documentation, eligibility requirements for the and for whom securing such Title IV of the Act provides that all particular benefits discussed in Step 4 documentation would constitute an qualified aliens are eligible for some below (addressing SSI, Food Stamps, undue hardship, if the applicant can federal public benefits, while it imposes TANF, Medicaid, programs funded by a provide an alien registration number, additional eligibility requirements for Social Services Block Grant, and federal you may file INS Form G–845 and receipt of other benefits. If the qualified means-tested public benefits). Supplement, along with the alien alien is applying for a benefit for which 4. If, Based on the Documents registration number a copy of any all qualified aliens are eligible, you Presented, You Are Considering expired INS document presented, with should not engage in any further Concluding that the Applicant Is Not a the local INS office to verify status. As verification of immigration status. If he Qualified Alien, Take the Following with any documentation of immigration or she is applying for a program for Steps. status, you should confirm that the which the Act imposes additional (a) Verify Status. If, based on your status information you receive back eligibility requirements, however, you review of the documents presented, you from INS pertains to the applicant should determine whether the applicant are considering determining that an whose identity you have verified. satisfies those requirements. applicant is not a qualified alien and (b) Action Pending Verification. You A. Federal Public Benefits With No thus is not eligible for the benefits should refer to the legal requirements of Further Immigration Eligibility requested based on his or her your program and to any applicable Requirements for Qualified Aliens immigration status—e.g., because the guidance provided by the federal agency document does not on its face or department overseeing your program, Except as set forth below, all qualified reasonably appear to be genuine (or to if any, to determine whether you should aliens are eligible for all federal public satisfy a higher applicable standard) or grant or withhold benefits during the benefits. If the qualified alien is to relate to the person presenting it— period of time in which you are applying for a federal public benefit for you should check with the INS to verify verifying the applicant’s immigration which all qualified aliens are eligible, the information presented as set forth status. If your program has not such you should not engage in any further below. (You do not need to check with requirements or guidance and the verification of immigration status. the INS if the applicant presents a applicant has submitted a written Wtih some exceptions, individuals document that is valid and declaration, under penalty of perjury, receiving SSI as of August 22, 1996, demonstrates lawful immigration status that he or she is a qualified alien, you continue to be eligible for such benefits but that simply does not qualify him or should not delay, deny, reduce or until the Commissioner of Social her for status as a qualified alien: e.g., terminate the applicant’s eligibility for Security, prior to September 30, 1998, INS Form I–94 showing admission as a benefits under the program on the basis redetermines their eligibility; if, as a nonimmigrant visitor.) Do not of an applicant’s immigration status result of that redetermination, an determine that an applicant is not a during the period of time it takes to individual is found to be ineligible for qualified alien, and do not conclusively verify his or her immigration status. If SSI, the individual can nevertheless deny benefits on that basis, without first you are to grant benefits pending continue receiving benefits until verifying the applicant’s status with the verification, you should first determine September 30, 1998. INS as follows. if the applicant satisfies the Act’s other In the absence of a State’s decision to If you are connected to the INS SAVE eligibility requirements (if any) for the restrict eligibility for programs funded system, check the applicant’s benefits requested as set forth in Step 4 by a Social Services Block Grant, all immigration status using the standard below. qualified aliens are eligible for Social procedures for use of the SAVE system, (c) Take Action Based on Response to Services Block Grant programs. In the including both the electronic Verification Inquiry. If the INS notifies absence of a State’s decision to restrict mechanism and, if necessary (e.g., if you that the applicant has an eligibility for TANF and Medicaid, the information regarding the pertinent immigration status that makes him or Act does not restrict the availability of immigration status cannot be confirmed her a qualified alien within the meaning these benefits to qualified aliens who through the electronic SAVE database), of the Act, you should accept the INS entered the United States prior to the procedures for secondary verification of and proceed to determine August 22, 1996, and who were verification. If you are not connected to whether the applicant satisfies the Act’s continuously present in the United the SAVE system and the applicant other eligibility requirements (if any) for States until attaining qualified alien presents documents relating to such the benefits requested as set forth in status; however, because the status, request verification of Step 4 below. Department of Health and Human immigration status by filing INS Form If the INS modifies you that it cannot Services has determined that TANF and G–845 and Supplement along with verify that the applicant has an Medicaid are federal means-tested copies of the pertinent immigration immigration status that makes him or public benefits, see 62 FR 45,256 documents provided by the applicant her a qualified alien within the meaning (August 26, 1997), aliens who entered with the local INS office. In either of the Act, you should deny benefits and the United States on or after August 22, instance, the INS will conduct a notify the applicant pursuant to your 1996, are ineligible for those programs thorough review of its records to program’s regular procedures of his or for five years from the date that they determine if the applicant is a qualified her rights under the applicable program attain qualified alien status (see alien. If the applicant presents expired to appeal the denial of benefits. Upon discussion of federal means-tested documents or is unable to present any request of the agency or department public benefits in Paragraph B below documentation evidencing his or her handling the appeal, the INS will and Attachment 7). You should immigration status, refer the applicant conduct a thorough review of its initial determine whether your State is to the local INS office to obtain verification response and will provide continuing to provide TANF, Medicaid, 61350 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices and programs funded by a Social however, choose to issue Food Stamp aliens are ineligible to receive federal Services Block Grant to all qualified benefits to individuals that are means-tested public benefits for five aliens: otherwise ineligible for such benefits years from the date that they attain ′ If the State is continuing to provide under sections 402 or 403 of the Act, qualified alien status. However, aliens programs funded by a Social Services provided that the State reimburses the who entered the United States prior to Block Grant to all qualified aliens, you federal government for the costs of such August 22, 1996, and who were should not engage in any further benefits and complies with certain continuously present in the United verification of immigration status; administrative requirements. In ′ States until attaining qualified alien If the State is continuing to provide addition, if a State has exercised its status are not subject to this restriction. TANF and Medicaid to all qualified right to limit qualified aliens’ eligibility In addition, exceptions are made for aliens, you should refer to Paragraph B for TANF, Medicaid, and programs refugees, asylees, aliens whose below and Attachment 7 for further funded by a Social Services Block Grant, deportation or removal has been guidance on additional eligibility certain excepted categories of aliens withheld, Cuban/Haitian entrants, requirements; and remain eligible for such programs. The ′ If the State has restricted qualified certain Amerasian immigrants, and excepted categories of aliens that remain aliens’ eligibility for TANF and aliens who are veterans honorably eligible for SSI are somewhat broader Medicaid, you should determine discharged or on non-training active than the excepted categories for Food whether the applicant is eligible for duty and their families. This restriction, Stamps, Medicaid, TANF and programs such benefits as set forth in Paragraph moreover, does not apply after the funded by a Social Services Block Grant. B below. expiration of the five-year period. If a Consult Attachment 6 for a more qualified alien is applying for such a B. Federal Benefits With Additional specific description of these excepted benefit, you should determine, in Eligibility Requirements for Qualified categories and the documentation that accordance with Attachment 7, whether Aliens SSI, Food Stamps, TANF, will demonstrate that an alien falls he or she arrived in the United States Medicaid, and Programs Funded by a within such an exception and thus prior to August 22, 1996, whether he or Social Services Block Grant remains eligible for these programs. she falls within one of the enumerated The Act provides that only certain Federal Means-Tested Public Benefits. exceptions, or whether he or she has excepted categories of aliens are eligible With certain exceptions discussed in been a qualified alien for at least five for SSI and Food Stamps. A State may, greater detail in Attachment 7, qualified years.
Attachment 1
LOCAL INS OFFICE ADDRESSES
State or territory County File control office Address
Alabama ...... Atlanta, GA ...... 77 Forsyth Street, S.W., Atlanta, GA 30303±3427. Alaska ...... Anchorage, AK ...... 620 East 10th Avenue, Suite 102, Anchor- age, AK 99501. Arizona ...... Phoenix, AZ ...... 2035 North Central Avenue, Phoenix, AZ 85004±1548. Arkansas ...... Memphis, TN ...... 1341 Sycamore View, Suite 100, Mem- phis, TN 38134. California ...... Inyo, Kern, Los Angeles, Orange, River- Los Angeles, CA ...... 300 North Los Angeles Street, Los Ange- side, San Bernardino, San Luis Obispo, les, CA 90012. Santa Barbara, and Ventura.
Imperial and San Diego ...... San Diego, CA ...... 880 Front Street, Suite 1234, San Diego, CA 92101±8834.
Alameda, Alpine, Amador, Butte, San Francisco, CA ...... 630 Sansome Street, Room 300, San Calaveras, Colusa, Contra Costa, Del Francisco, CA 94111±2280. Norte, El Dorado, Fresno, Glenn, Hum- boldt, Kings, Lake, Lassen Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Ne- vada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solono, Sonoma, Stainislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba. Colorado ...... Denver, CO ...... 4730 Paris Street, Albrook Center, Den- ver, CO 80239±2804. Connecticut ...... Hartford, CT ...... Ribicoff Federal Building, 450 Main Street, Hartford, CT 06103±3060. Delaware ...... Philadelphia, PA ...... 1600 Callowhill Street, Philadelphia, PA 19130±4112. District of Columbia ...... Arlington, VA ...... 4420 North Fairfax Drive, Arlington, VA 22203. Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61351
LOCAL INS OFFICE ADDRESSESÐContinued
State or territory County File control office Address
Florida ...... Miami, FL ...... 7880 Biscayne Blvd. Miami, FL 33138± 4797. Georgia ...... Atlanta, GA ...... 77 Forsyth Street, S.W., Atlanta, GA 30303±3427. Guam ...... Agana, GU ...... Pacific News Bldg., Room 801, 238 Arch- bishop Flores Street, Agana, GU 96910. Hawaii ...... Honolulu, HI ...... 595 Ala Moana Blvd., Honolulu, HI 96813. Idaho ...... Helena, MT ...... 2800 Skyway Drive, Helena, MT 59601. Illinois ...... Chicago, IL ...... 10 West Jackson Blvd., Chicago, IL 60604. Indiana ...... Indianapolis, IN ...... Gateway Plaza, 950 North Meridian Street, Room 400, Indianapolis, IN 46204. Iowa ...... Omaha, NE ...... 3736 132nd Street, Omaha, NE 68144. Kansas ...... Kansas City, MO ...... 9747 North Conant Avenue, Kansas City, MO 64153. Kentucky ...... Memphis, TN ...... 1341 Sycamore View, Suite 100, Mem- phis,TN 38134. Louisiana ...... New Orleans,LA ...... Postal Services Building, 701 Loyola Ave- nue, Room T±8011, New Orleans, LA 70113±1912. Maine ...... Portland, ME ...... 739 Warren Avenue, Portland, ME 04103±1187. Maryland ...... Baltimore, MD ...... Nations Bank Center, Tower One, 100 South Charles/ 12th Floor, Baltimore, MD 21201±2725. Massachusetts ...... Boston, MA ...... John F. Kennedy Federal Bldg., Govern- ment Center, Room E±160, Boston, MA 02203±0701. Michigan ...... Detroit, MI ...... Federal Building, 333 Mt. Elliott Street, Detroit, MI 48207±4381. Minnesota ...... St. Paul, MN ...... 2901 Metro Drive, Suite 100, Blooming- ton, MN 55425. Mississippi ...... Alcron, Attala, Benton, Bolivar, Calhoun, Memphis, TN ...... 1341 Sycamore View, Suite 100, Mem- Carroll, Chickasaw, Choctaw, Clay, phis, TN 38134. Coahoma, DeSoto, Grenada, Hum- phreys, Itawamba, Lafayette, Lee, Leflore, Lowndes, Marshall, Monroe, Montgomery, Oktibbeha, Panola, Pontotoc, Prentiss, Quitman, Sunflower, Tallahatchie, Tate, Tippah, Tishomingo, Tunica, Union, Washington, Webster, Winston, and Yalobusha. Adams, Amite, Claiborne, Clarke, Copiah, New Orleans, LA ...... Postal Services Building, 701 Loyola Ave- Covington, Forrest, Franklin, George, nue, Room T±8011, New Orleans, LA Greene, Hancock, Harrison, Hinds, 70113±1912. Holmes, Issaquena, Jackson, Jasper, Jefferson, Jefferson Davis, Jones, Kemper, Lamar, Lauderdale, Lawrence, Leake, Lincoln, Madison, Marion, Neshoba, Newton, Noxubee, Pearl River, Perry, Pike, Rankin, Scott, Sharkey, Simpson, Smith, Stone, Walthall, Warren, Wayne, Wilkinson, and Yazoo. Missouri ...... Andrew, Atchison, Barry, Barton, Bates, Kansas City, MO ...... 9747 North Conant Avenue, Kansas City, Benton, Boone, Buchanan, Caldwell, MO 64153. Callaway, Camden, Carroll, Cass, Cedar, Christian, Clay, Clinton, Cole, Cooper, Dade, Dallas, Daviess, De Kalb, Douglas, Gentry, Greene, Grundy, Harrison, Henry, Hickory, Holt, Howard, Howell, Jackson, Jasper, Johnson, Laclede, Lafayette, Lawrence, Living- ston, McDonald, Mercer, Miller, Moniteau, Morgan, Newton, Nodaway, Oregon, Osage, Ozark, Pettis, Platte, Polk, Pulaski, Putnam, Ray, St. Clair, Saline, Stone, Sullivan, Taney, Texas, Vernon, Webster, Worth, and Wright. 61352 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
LOCAL INS OFFICE ADDRESSESÐContinued
State or territory County File control office Address
Adair, Audrain, Bollinger, Butler, Cape St. Louis, MO ...... Robert A. Young Federal Bldg., 1222 Girardeau, Carter, Chariton, Clark, Spruce Street, Room 1100, St. Louis, Crawford, Dent, Dunklin, Franklin, Gas- MO 63103±2815. conade, Iron, Jefferson, Knox, Lewis, Lincoln, Linn, Macon, Madison, Maries, Marion, Mississippi, Monroe, Montgom- ery, New Madrid, Pemiscot, Perry, Phelps, Pike, Ralls, Randolph, Reyn- olds, Ripley, St. Charles, St. Francois, St. Louis, Ste. Genevieve, Schuyler, Scotland, Scott, Shannon, Shelby, Stoddard, Warren, Washington, and Wayne. Montana ...... Helena, MT ...... 2800 Skyway Drive, Helena, MT 59601. Nebraska ...... Omaha, NE ...... 3736 132nd Street, Omaha, NE 68144. Nevada ...... Clark, Esmeralda, Lincoln, and Nye ...... Las Vegas, NV ...... 3373 Pepper Lane, Las Vegas, NV 89120. Churchill, Douglas, Elko, Eureka, Hum- Reno, NV ...... 1351 Corporate Boulevard, Reno, NV boldt, Lander, Lyon, Mineral, Pershing, 89502. Storey, Washoe, and White Pine. New Hampshire ...... Boston, MA ...... John F. Kennedy Federal Bldg., Govern- ment Center, Room E±160, Boston, MA 02203±0701. New Jersey ...... Newark, NJ ...... Peter Rodino Federal Building, 970 Broad Street, Newark, NJ 07102±2506. New Mexico ...... El Paso, TX ...... 1545 Hawkins, Suite 167, El Paso, TX 79925. New York ...... Albany, Broome, Chenango, Columbia, Albany, NY ...... James T. Foley Federal Courthouse, 445 Delaware, Fulton, Greene, Hamilton, Broadway, Room 227, Albany, NY Herkimer, Madison, Montgomery, 12207±2999. Onoeida, Otsego, Rensselaer, Sara- toga, Schenectady, Schoharie, Tioga, Warren, and Washington. Allegany, Cattaraugus, Cayuga, Chautau- Buffalo, NY ...... 130 Delaware Avenue, Buffalo, NY qua, Chemung, Clinton, Cortland, Erie, 14202±2404. Essex, Franklin, Genesee, Jefferson, Lewis, Livingston, Monroe, Niagara, Onandaga, Ontario, Orleans, Oswego, St. Lawrence, Schuyler, Seneca, Steu- ben, Tompkins, Wayne, Wyoming, and Yates. Bronx, Dutchess, Kings, Nassau, New New York, NY ...... 26 Federal Plaza, New York, NY 10278± York, Orange, Putnam, Queens, Rich- 0127. mond, Rockland, Suffolk, Sullivan, Ul- ster, and Westchester. North Carolina ...... Charlotte, NC ...... 6 Woodlawn Green, Bldg. 6, Suite 138, Charlotte, NC 28217±2216. North Dakota ...... St. Paul, MN ...... 2901 Metro Drive, Suite 100, Blooming- ton, MN 55425. Ohio ...... Adams, Athens, Brown, Butler, Cham- Cincinnati, OH ...... J.W. Peck Federal Building, 550 Main paign, Clark, Clermont, Clinton, Darke, Street, Room 8525, Cincinnati, OH Delaware, Fairfield, Fayette, Franklin, 45202. Gallia, Greene, Hamilton, Highland, Hocking, Jackson, Licking, Lawrence, Logan, Madison, Meigs, Miami, Mont- gomery, Perry, Pickaway, Pike, Preble, Ross, Scioto, Shelby, Union, Vinton, and Warren. Allen, Ashland, Ashtabula, Auglaize, Bel- Cleveland, OH ...... Anthony J. Celebreeze Federal Bldg., mont, Carroll, Columbiana, Coshocton, 1240 E. 9th Street, Room 1917, Cleve- Crawford, Cuyahoga, Defiance, Erie, land, OH 44199. Fulton, Geauga, Guernsey, Hancock, Hardin, Harrison, Henry, Holmes, Huron, Jefferson, Knox, Lake, Lorain, Lucas, Mahoning, Marion, Medina, Mer- cer, Monroe, Morgan, Morrow, Muskingum, Noble, Ottawa, Paulding, Portage, Putman, Richland, Sandusky, Seneca, Stark, Summit, Trumbull, Tuscarawas, Van Weft, Washington, Wayne, Williams, Wood, and Wyandot. Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61353
LOCAL INS OFFICE ADDRESSESÐContinued
State or territory County File control office Address
Oklahoma ...... Dallas, TX ...... 8101 North Stemmons Freeway, Dallas, TX 75247. Oregon ...... Portland, OR ...... 511 N.W. Broadway, Portland, OR 97209. Pennsylvania ...... Adams, Berks, Bradford, Bucks, Cam- Philadelphia, PA ...... 1600 Callowhill Street, Philadelphia, PA eron, Carbon, Centre, Chester, Clinton, 19130±4112. Columbia, Cumberland, Dauphin, Dela- ware, Franklin, Fulton, Huntingdon, Ju- niata, Lackawanna, Lancaster, Leb- anon, Lehigh, Luzerne, Lycoming, Miff- lin, Monore, Montgomery, Montour, Northampton, Northumberland, Perry, Philadelphia, Pike, Potter, Schuylkill, Snyder, Sullivan, Susquehanna, Tioga, Union Wayne, Wyoming, and York. Allegheny, Armstrong, Beaver, Bedford, Pittsburgh, PA ...... Federal Building, Room 314, 1000 Liberty Blair, Butler, Cambria, Clarion, Avenue, Pittsburgh, PA 15222±4181. Clearfield, Crawford, Elk, Erie, Fayette, Forest, Greene, Indiana, Jefferson, Lawrence, McKean, Mercer, Somerset, Venango, Warren, Washington, and Westmoreland. Puerto Rico ...... San Juan, PR ...... P.O. Box 365068, San Juan, PR 00936± 5068. Rhode Island ...... Providence, RI ...... 200 Dyer Street, Providence, RI 02903± 3993. South Carolina ...... Charlotte, NC ...... 6 Woodlawn Green, Bldg. 6, Suite 138, Charlotte, NC 28217±2216. South Dakota ...... St. Paul, MN ...... 2901 Metro Drive, Suite 100, Blooming- ton, MN 55425. Tennessee ...... Memphis, TN ...... 1341 Sycamore View, Suite 100, Mem- phis, TN 38134. Texas ...... Anderson, Andrews, Archer, Armstrong, Dallas, TX ...... 8101 North Stemmons Freeway, Dallas, Bailey, Baylor, Borden, Bosque, Bowie, TX 75247. Briscoe, Callahan, Camp, Carson, Cass, Castro, Cherokee, Childress, Clay, Cochran, Collin, Collingsworth, Comanche, Cooke, Cottie, Crosby, Dallam, Dallas, Dawson, Deaf Smith, Delta, Denton, Dickens, Donley, East- land, Ellis, Erath, Fannin, Fisher, Floyd, Foard, Franklin, Freestone, Gaines, Garza, Gray, Grayson, Gregg, Hale, Hall, Hamilton, Hansford, Hardeman, Harrison, Hartley, Haskell, Hemphill, Henderson, Hill, Hockley, Hood, Hop- kins, Houston, Howard, Hunt, Hutchin- son, Jack, Johnson, Jones, Kaufman, Kent, King, Knox, Lamar, Lamb, Leon, Limestone, Lipscomb, Lubbock, Lynn, Marion, Martin, Mitchell, Montague, Moore, Morris, Motley, Navarro, Nolan, Ochiltree, Oldham, Palo Pinto, Panola, Parker, Parmer, Potter, Rains, Randall, Red River, Roberts, Rockwall, Rusk, Scurry, Shackelford, Sherman, Smith, Somervell, Stephens, Stonewall, Swish- ers, Tarrant, Taylor, Terry, Throckmorton, Titus, Upshur, Van Zandt, Wheeler, Wichita, Wilbarger, Wise, Wood, Yoakum, and Young. Brewster, Crane, Culberson, Ector, El El Paso, TX ...... 1545 Hawkins Suite 167, El Paso, TX Paso, Hudspeth, Jeff Davis, Loving, 79925. Midland, Pecos, Presidio, Reeves, Terrell, Upton, Ward, and Winkler. Brooks, Cameron, Hidalgo, Kenedy, Harlingen, TX ...... 2102 Teege Road, Harlingen, TX 78550. Kleberg, Starr, and Willacy. 61354 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
LOCAL INS OFFICE ADDRESSESÐContinued
State or territory County File control office Address
Angelina, Austin, Brazoria, Chambers, Houston, TX ...... 509 N. Sam Houston Parkway East, Colorado, Fort Bend, Galveston, Houston, TX 77060. Grimes, Hardin, Harris, Jasper, Jeffer- son, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Shelby, Trinity, Tyler, Walker, Waller, Washingoton, and Wharton. Aransas, Aascosa, Bandera, Bastrop, San Antonia, TX ...... 8940 Four Winds Drive, Suite 2020, San Bee, Bell, Bexar, Blanco, Brozos, Antonia, TX 78239. Brown, Burleson, Burner, Caldwell, Cal- houn, Coke, Coleman, Comal, Concho, Coryell, Crockett, De Witt, Dimmit, Duval, Edwards, Falls, Fayette, Frio, Gillespie, Glasscock, Goliad, Gonzales, Guadalupe, Harp, Haynes, Irion, Jack- son, Jim Hogg, Jim Wells, Karnes, Ken- dall, Kerr, Kimble, Kinney, Lampasas, La Salle, Lavaca, Lee, Live Oak, Llano, McCulloch, McLennan, McMullen, Mason, Maverick, Medina, Menard, Milam, Mills, Nueces, Reagan, Real, Refugio, Robertson, Runnels, San Patricio, San Saba, Schleicher, Sterling, Sutton, Tom Green, Travis, Uvalde, Val Verde, Victoria, Webb, Williamson, Wil- son, Zapata, and Zavala. Utah ...... Salt Lake City, UT ...... 5272 South College Drive, Suite 100, Salt Lake, UT 84123. Vermont ...... St. Albans, VT ...... Federal Building, P.O. Box 328, 50 South Maine Street, St. Albans, VT 05478± 0238. Virginia ...... Accomack, Amelia, Brunswick, Caroline, Norfolk, VA ...... Norfolk Commerce Park, 5280 Charles City, Chesterfield, Colonial Hennenman Drive, Norfolk, VA 23513. Heights, Dinwiddie, Essex, Fredericks- burg, Gloucester, Goochland, Greensville, Hanover, Henrico, Isle of Wight, James City, King and Queen, King William, Lancaster, Louisa, Lunenburg, Mathews, Mecklenburg, Middlesex, New Kent, Northampton, Northumberland, Nottoway, Powhatan, Prince Edward, Prince George, Rich- mond, Southhampton, Spotsylvania, Surry, Sussex, Westmoreland, and York. Albemarle, Alleghany, Amherst, Appomat- Arlington, VA ...... 4420 North Fairfax Drive, Arlington, VA tox, Arlington, Augusta, Bath, Bedford, 22203. Bland, Botetourt, Buchanan, Bucking- ham, Campbell, Carroll, Charlotte, Clarke, Craig, Culpepper, Cumberland, Dickenson, Fairfax, Fauquier, Floyd, Fluvanna, Franklin, Frederick, Giles, Grayson, Greene, Halifax, Henry, High- land, King George, Lee, Loudoun, Madison, Montgomery, Nelson, Orange, Page, Patrick, Pittsylvania, Prince Wil- liam, Pulaski, Rappahannock, Roanoke, Rockbridge, Rockingham, Russell, Scott, Shenandoah, Smyth, Stafford, Tazewell, Warren, Warwick, Washing- ton, Wise, and Wythe. Virgin Islands ...... St. Thomas, VI ...... P.C. Box 610, Federal Building, Suite 117, Veterans Drive, Charlotte Amalie, St. Thomas, U.S. Virgin Islands, 00801. Washington ...... Seattle, WA ...... 815 Airport Way South, Seattle, WA 98134. West Virginia ...... Pittsburgh, PA ...... Federal Building, Room 314, 1000 Liberty Avenue, Pittsburgh, PA 15222±4181. Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61355
LOCAL INS OFFICE ADDRESSESÐContinued
State or territory County File control office Address
Wisconsin ...... Milwaukee, WI ...... Federal Building, 517 East Wisconsin Av- enue, Room 186, Milwaukee, WI 53202. Wyoming ...... Denver, CO ...... 4730 Paris Street, Albrook Center, Den- ver, CO 80239±2804.
Submitting Verification Requests to INS document. Additional copies may be INS formerly required that Form G– A copy of INS Form G–845 is obtained in three ways: 845 be printed on blue paper stock to attached, along with a supplemental 1. Request Form G–845 from the INS distinguish it from Form G–845S, which form that should be used to obtain more Forms Distribution Center serving your is printed on white paper. Form G–845 detailed information on immigration region: may now be submitted on white stock, status, citizenship, and sponsorship. and existing copies on blue stock may Eastern Forms Center, P.O. Box 567, also be submitted during this transition (The supplemental form may only be Williston, VT 05497 (east of the used in conjunction with Form G–845, period. As a result of this change, it is Mississippi River) particularly important that copies of the not separately.) Requests for verification Forms Center West, 5600 Rickenbacker on Form G–845 may be mailed to the forms include the form number at the Road, Building 701A, Bell, CA 90201 bottom of the page to allow INS to Immigration and Naturalization Service (west of the Mississippi River) at the addresses listed on the following distinguish between them. pages. To speed processing, please 2. Download Form G–845 from the When submitting copies of documents indicate ‘‘Attention: Immigration Status Internet: www.usdoj.gov/ins/forms. with Form G–845, please send copies Verifier’’ on the envelope. 3. Call the INS Forms Request Line: made from the originals, if possible, in The attached form G–845 may be 1–800–870–3676. (Due to the high order to enhance the quality of the copied for submission to the INS; it volume of calls to this line, the best time reproduction. should be reproduced as a two-sided to call is early on weekday mornings.) BILLING CODE 4410±10±M 61356 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61357 61358 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61359
BILLING CODE 4410±10±C 61360 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
Attachment 2—Nondiscrimination utilization of facility neutral procedures, and the Americans with Disabilities Act Advisory criteria or methods of administration of 1990, 42 U.S.C. 12101 et seq., Various federal civil rights laws, that have the effect of discriminating prohibit discrimination on the basis of regulations and executive orders against individuals because of their disability by public entities and prohibit discrimination by race, color, or national origin. Policies recipients of federal funds. Public governmental and private entities on the and practices that are neutral in design service providers are required to offer basis of race, national origin, gender, and operation but have a disparate their services in locations that are religion, age and disability. These laws, impact based on race, color or national accessible to applicants with of course, apply to entities’ origin must be eliminated unless they disabilities, including people who use are necessary to the program’s operation wheelchairs. In addition, service implementation of Title IV of the and there is no less discriminatory providers must ensure effective Personal Responsibility and Work alternative. communication with applicants who Opportunity Reconciliation Act of 1996 Violations of Title VI may be obvious have impaired hearing, vision, or (the ‘‘Act’’). Because of the particular or subtle. A benefit provider that denies speech, and service providers must potential for national origin and race benefits or delays determinations of make reasonable modifications to their discrimination under the Act and its eligibility on the basis of an individual’s policies and practices to ensure that verification requirements, and because race, color or national origin may violate eligible people with disabilities are not persons with disabilities are more likely Title VI. A benefit provider may violate excluded from participation in a to need benefits under various public Title VI if it concludes that applicants program as a result of their disability. benefit programs, this Advisory focuses are ineligible for benefits because they Appropriate auxiliary aids may include on the laws relating to discrimination have ethnic surnames or origins outside sign language interpreters for applicants based on national origin, race and/or the United States, or because they look who have hearing impairments or disability. Emphasizing these particular or sound foreign. It also may violate readers or audiotaped materials for laws, however, is in no way meant to Title VI if it acts upon the assumption applicants who have vision minimize the importance of guarding that applicants with these impairments. Applicants who have against all forms of illegal characteristics are illegal aliens, or if it impaired manual skills may require discrimination, and you should comply imposes additional eligibility assistance in completing forms. with all nondiscrimination requirements on ethnic or racial Citizens, non-citizen nationals and requirements applicable to your minorities because of their ethnicity or qualified aliens with disabilities may program. race. find it difficult to provide the A. Title VI of the Civil Rights Act of When confirming immigration status information needed to establish their 1964, 42 U.S.C. 2000d et seq. (‘‘Title for purposes of determining eligibility citizenship, nationality or immigration VI’’) for public benefits, benefit providers status. Therefore, if an applicant has a should be aware that there is no single disability that limits the applicant’s Because Title IV of the Act imposes immigration document that will ability to provide the required evidence new and significant restrictions on the establish all aliens’ qualifications to of status (e.g., mental retardation, ability of noncitizens to receive federal, receive benefits under the Act. The amnesia, or other cognitive, mental or state or local public benefits, there is types of documents that an alien will be physical impairment), you should make particular potential for discrimination able to present to establish immigration every effort to assist the individual to on the basis of national origin. It is status will vary depending upon the obtain the required evidence. important to remember that, although status in which the alien entered the You should work with the applicant the Act limits the benefits available to U.S. and his or her individual or his or her representative to obtain some aliens, many aliens will continue circumstances. Demanding that an alien leads for possible sources of evidence. to be entitled to receive public benefits. present one specific type of document to In many cases, a current or prior If improperly applied, the Act’s the exclusion of all other legally valid employer will have employment records restrictions may result in national origin documents establishing immigration for the individual that will identify his discrimination against applicants who status, or demanding more or different or her immigration status and provide are eligible to receive benefits. It is documentation based on assumptions other relevant information. You should therefore important to understand about the applicant’s citizenship or also seek cooperation from local which aliens are eligible for which national origin rather than knowledge of agencies, the INS and other benefits. such status obtained in a non- organizations (e.g., rehabilitation Title VI prohibits discrimination on discriminatory fashion, may constitute a programs, advocacy groups and the basis of race, color, or national violation of Title VI. For example, it homeless shelters) to assist the origin in any program or activity, may be discriminatory to demand that a individual in obtaining evidence from whether operated by a state, local or specific applicant present three existing records. If the applicant has private entity, that receives federal documents to establish her identity been granted another benefit that is funds or other federal financial merely because she speaks Spanish or contingent upon being a U.S. citizen, assistance. When operating or looks Asian, while allowing English- U.S. non-citizen national or qualified participating in a federally assisted speaking persons and non-Asians to alien, contact that benefit-granting program, a benefit provider cannot, on present only one identity document. It agency to determine what evidence it the basis of race, color or national may also violate Title VI to assume, relied upon to establish eligibility. origin, either directly or indirectly, based on an applicant’s national origin, When conducting a search for including through contractual means, that his or her documents are documentation, use all possible spelling distinguish among individuals in the fraudulent. variations of the applicant’s name. types, quantity, quality or timeliness of program services, aids or benefits that it B. Civil Rights Laws Applicable to C. Other Applicable Federal Civil Rights provides or the manner in which it Persons With Disabilities Laws provides them. This prohibition applies Sections 504 of the Rehabilitation Act There are a number of other federal to disparate treatment, as well as to the of 1973, 29 U.S.C. 794 (‘‘Section 504’’), civil rights laws that prohibit Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61361 discrimination based on other immigration status of applicants for ‘‘food assistance,’’ ‘‘unemployment characteristics. They include the benefits that fall within the Act’s benefit,’’ or ‘‘any other similar benefit’’), following: definition of ‘‘federal public benefits’’ it must be ‘‘provided by an agency of the • The Age Discrimination Act of and are not specifically exempted from United States or by appropriated funds 1975, 42 U.S.C. 6101 et seq. the Act’s requirements. (If the program of the United States,’’ and it must be The Age Discrimination Act prohibits independently requires benefit provided to one of the enumerated discrimination on the basis of age in providers to verify the citizenship, categories of recipients (an ‘‘individual programs or activities receiving federal nationality and/or immigration status of household, or family eligibility unit’’). financial assistance. There are specific an applicant, however, you should Thus, for example, if you provide an exceptions to the general prohibition continue to comply with such ‘‘unemployment benefit’’ to an against age discrimination, however, requirements even if the program does ‘‘individual, household, or family and you should consult the statute, 42 not provide a ‘‘federal public benefit’’ eligibility unit’’ using ‘‘appropriated U.S.C. 6101 et seq., as well as the covered by the Act.) Set forth below is funds of the United States,’’ the regulations published by the preliminary guidance on the meaning of definition is satisfied. In contrast, if you Department of Health and Human ‘‘federal public benefit,’’ as well as a provide generally available services Services, 45 CFR part 90, for further summary of the benefits specifically such as fire or ambulance services, or do information exempted from the Act’s verification not provide benefits to an ‘‘individual, • The Fair Housing Act, 42 U.S.C. requirements. If you have any questions household, or family eligibility unit,’’ or 3601 et seq. as to whether a particular program do not provide benefits through an The Fair Housing Act prohibits provides a federal public benefit ‘‘agency of the United States’’ or with discrimination in the provision of covered by the Act or a benefit that is ‘‘appropriated funds of the United housing based on race, color, religion, exempted from the Act’s requirements, States,’’ the definition does not apply. sex, familial status, national origin or you should consult with the federal If your program provides payments or handicap. agency or department that oversees the assistance to an individual, household program. or family eligibility unit through a U.S. D. Contact Numbers Federal Public Benefit: A ‘‘federal agency or by U.S. appropriated funds, Benefit providers with questions may public benefit’’ is: but the benefits are not expressly call the following numbers for (a) Any grant, contract, loan, enumerated above, you should consider information on the various federal civil professional license, or commercial whether the benefits are ‘‘similiar’’ to rights laws: license provided by an agency of the one of the benefits enumerated in (b). If Title VI—U.S. Department of Justice, United States or by appropriated funds you believe that the benefit is arguably Civil Rights Division, Coordination and of the United States; or similar to an enumerated benefit, you Review Section, 1–888–TITLE–06 (1– (b) Any retirement, welfare, health, should consult with the federal agency 888–848–5306). disability, public or assisted housing, or department that oversees your ADA—U.S. Department of Justice, post-secondary education, food program to confirm that the benefit Civil Rights Division, Disability Rights assistance, unemployment benefit, or constitutes a federal public benefit Section, 1–800–514–0301 (voice) or 1– any other similar benefit for which covered by the Act. 800–514–0383 (TDD). payments or assistance are provided to Finally, you should consider who is Age Discrimination Act—U.S. an individual, household, or family actually receiving the benefits that you Department of Health and Human eligibility unit by an agency of the provide. Although the Act prohibits Services, 1–800–368–1019. United States or by appropriated funds certain aliens from receiving non- Fair Housing Act—U.S. Department of of the United States. exempted ‘‘federal public benefits,’’ it Housing and Urban Development, 1– Subject to the list of exceptions set does not prohibit governmental or 800–669–9777 (voice) or 1–800–927– forth below, Title IV of the Act private entities from receiving federal 9275 (TDD). precludes all aliens who are not public benefits that they might then use Questions regarding discrimination in ‘‘qualified aliens’’ from receiving any to provide assistance to aliens, so long immigration status verification ‘‘federal public benefit.’’ In determining as the benefit ultimately provided to the procedures or other benefit-granting whether a program provides a ‘‘federal non-qualified aliens does not itself procedures can be referred to the civil public benefit,’’ you should first constitute a ‘‘federal public benefit.’’ rights office of the pertinent benefit- consider whether the program provides Thus, if a local agency were to receive granting agency. Such questions can one of the benefits expressly a ‘‘grant’’ (which is expressly identified also be referred to the Office of Special enumerated in either (a) or (b) above. as a federal public benefit), but the Counsel for Immigration Related Unfair Under (a), if your program provides a agency uses it to provide police Employment Practices in the Civil ‘‘grant,’’ ‘‘contract,’’ ‘‘loan,’’ services, fire protection or crime victim Rights Division of the U.S. Department ‘‘professional license,’’ or ‘‘commercial counseling (which are not federal public of Justice, 1–800–255–8155 (voice) or 1– license’’ to an individual, either through benefits under the Act’s definition 800–237–2515 (TDD). a U.S. agency or with U.S. appropriated because they are not similar to an funds, then you provide a ‘‘federal enumerated benefit), the prohibition Attachment 3—Federal Public Benefits public benefit.’’ If you do not provide a would not apply. Similarly, if you Title IV of the Personal Responsibility benefit of the type enumerated in (a), provide a ‘‘grant’’ to a community and Work Opportunity Reconciliation you should then go on to consider organization (which is not an Act of 1996 (the ‘‘Act’’) applies only to whether your program provides a ‘‘individual, household or family non-exempted ‘‘federal public benefits’’ benefit covered by (b). eligibility unit’’) that uses the funds to as defined by the Act, rather than to all To fall within (b), the benefit build a library or renovate a park (which federally funded programs. (It also provided by your program must be one are not federal public benefits under the applies to certain state and local public of the types of benefits described Act’s definition), the prohibition would benefits, which are not the subject of (‘‘retirement,’’ ‘‘welfare,’’ ‘‘health,’’ not apply. In contrast, if the agency uses this Attachment.) Under the Act, benefit ‘‘disability,’’ ‘‘public or assisted the ‘‘grant’’ to provide a ‘‘federal public providers are only required to verify the housing,’’ ‘‘post-secondary education,’’ benefit’’—e.g., a ‘‘loan’’ or ‘‘welfare’’ 61362 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices payment to a poor ‘‘individual, Title IV of such Act, SSI benefits under • Any benefit payable under the household or family eligibility unit’’— Title XVI of such Act, or a state Railroad Retirement Act of 1974 or the then the prohibition would apply and supplementary payment); Railroad Unemployment Insurance Act non-qualified aliens would be ineligible • Short-term, non-cash, in-kind to an alien who is lawfully present in for such benefits. emergency disaster relief; the U.S., as determined by the Attorney Exceptions: The Act’s verification • Public health assistance (not General, or to an alien residing outside requirements do not apply to all including any assistance under Title the U.S. ‘‘federal public benefits,’’ as the Act XIX of the Social Security Act) for State Option: Each State may, but is specifically exempts certain types of immunizations with respect to not required to, provide benefits under benefits. If a program provides ‘‘federal immunizable diseases and for testing programs established under the laws public benefits’’ that fall within one of and treatment of symptoms of listed below to individuals who are not the following exceptions, the program communicable diseases whether or not U.S. citizens, U.S. non-citizen nationals provider is not required by this Act to, such symptoms are caused by a or qualified aliens. You should and should not attempt to, verify an communicable disease; determine whether your State is applicant’s immigration status, unless • Programs for housing or community providing such benefits to all persons, otherwise required or authorized to do development assistance or financial regardless of citizenship, alienage or so by federal law, except to the extent assistance administered by the Secretary immigration status, or whether it is necessary to determine whether the of Housing and Urban Development providing them only to U.S. citizens, exemption applies: (‘‘HUD’’), any program under Title V of U.S. non-citizen nationals and qualified • Benefits covered by Attorney the Housing Act of 1949, or any aliens. If your State is providing such General Order No. 2049, 61 FR 45985 assistance under section 306C of the benefits to all persons, you should not (1996), or any subsequent order, re: Consolidated Farm and Rural verify citizenship or immigration status; government-funded community Development Act, to the extent that the if it is limiting such benefits to citizens, programs, services or assistance that are alien is receiving such a benefit on non-citizen nationals and qualified necessary for protection of life or safety; August 22, 1996; aliens, you may want to use the Interim • Any wages, pensions, annuities, or • Any benefit payable under Title II Guidance, in consultation with state and other earned payments to which an of the Social Security Act to which local authorities, to verify citizenship alien is entitled as a result of federal, entitlement is based on an application and immigration status. state, or local government employment, filed on or before August 31, 1996, and • Programs (other than the school provided that the alien is not residing or any benefit covered by Attorney General lunch program and the school breakfast present in the United States and Order No. 2054, 61 FR 47039 (1996), re: program) under the National School provided that the employment was not benefits payable under Title II of the Lunch Act, 42 U.S.C. 1751 et seq., and prohibited under the immigration laws; Social Security Act to an alien who is the Child Nutrition Act of 1966, 42 • Any veterans benefits to which an lawfully present in the U.S.; U.S.C. 1771 et seq.; alien is entitled, provided that the alien • Any benefit the nonpayment of • Section 4 of the Agriculture and is not residing or present in the United which would contravene an Consumer Protection Act of 1973, 7 States; international agreement described in U.S.C. 612c note; • Any contract, professional license, section 233 of the Social Security Act • The Emergency Food Assistance or commercial license for a (an agreement establishing totalization Act of 1983, 7 U.S.C. 7501 et seq.; and nonimmigrant whose visa for entry is arrangements between the social • The food distribution program on related to such employment in the U.S.; security system of the U.S. and that of Indian reservations established under • Any contract, professional license, any foreign country which establishes section 4(b) of the Food Stamp Act of or commercial license for a citizen of a entitlement to and the amount of old- 1977, 7 U.S.C. 2013(b). freely associated state (Palau, the age, survivors, disability, or derivative Attachment 4—Interim Guidance Federated States of Micronesia, and the benefits based on an individual’s Documentary Evidence of Status as a Marshall Islands), if section 141 of the coverage under both systems); U.S. Non-Citizen National applicable compact of free association is • Any benefit the nonpayment of in effect; which would be contrary to section Copies of the following documents • Any benefits that the U.S. is 202(t) of the Social Security Act; will, when combined with satisfactory required to pay under the reciprocal • Any benefit under the school lunch proof of identity (which will come from treaty agreements listed in the program under the National School the document itself if it bears a forthcoming Attorney General Order to Lunch Act, 42 U.S.C. 1751 et seq., or the photograph of the person to whom it a work authorized nonimmigrant or school breakfast program under section relates), demonstrate that a person is a alien lawfully admitted for permanent 4 of the Child Nutrition Act of 1966, 42 U.S. citizen or non-citizen national for residence qualified for such benefits; U.S.C. 1773, provided to an individual purposes of Title IV of the Personal • Medical assistance under Title XIX who is eligible to receive free public Responsibility and Work Opportunity of the Social Security Act (or any education benefits under state or local Reconciliation Act of 1996, as amended successor program to such Title) for care law; by the Illegal Immigration Reform and and services that are necessary for the • Any benefit payable under Title Immigrant Responsibility Act of 1996. treatment of an emergency medical XVIII of the Social Security Act (relating (To the extent citizenship or nationality condition (as defined in section to the Medicare program) to an alien of a child is relevant to a benefit 1903(v)(3) of such Act) of the alien who is lawfully present in the U.S., as eligibility determination, the documents involved and that are not related to an determined by the Attorney General, should demonstrate the child’s status organ transplant procedure, if the alien provided that, with respect to the rather than that of the parent.) The lists involved otherwise meets the eligibility attribution of the alien’s wages for set forth in Paragraphs A and B below requirements for medical assistance purposes of eligibility for benefits are drawn from existing guidance under the state plan approved under payable under Part A of such program, published by the Social Security such Title (other than the requirement the alien was authorized to be Administration (‘‘SSA’’) and regulations of the receipt of aid or assistance under employed; and issued by the Immigration and Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61363
Naturalization Service (‘‘INS’’) regarding individual is a U.S. citizen (this is given Guam, the U.S. Virgin Islands (on or determination of U.S. citizenship and to an individual born outside the U.S. after January 17, 1917), American nationality; the lists in Paragraphs C who derives citizenship through a Samoa, Swain’s Island or the Northern through F are drawn solely from the parent but does not have an FS–240, Mariana Islands (unless the person was SSA guidance. These lists are not FS–545 or DS–1350); or born to foreign diplomats residing in exhaustive; you should refer to guidance • American Indian Card with a such a jurisdiction). issued by the agency or department classification code ‘‘KIC’’ and a C. Collective Naturalization overseeing your program to determine if statement on the back (identifying U.S. it accepts documents or other evidence citizen members of the Texas Band of If the applicant cannot present one of of citizenship not listed below. Kickapoos living near the U.S./Mexican the documents listed in A or B above, border). the following will establish U.S. A. Primary Evidence citizenship for collectively naturalized B. Secondary Evidence • A birth certificate showing birth in individuals: one of the 50 States, the District of If the applicant cannot present one of Puerto Rico: Columbia, Puerto Rico (on or after the documents listed in A above, the • Evidence of birth in Puerto Rico on January 13, 1941), Guam, the U.S. Virgin following may be relied upon to or after April 11, 1899 and the Islands (on or after January 17, 1917), establish U.S. citizenship or nationality: applicant’s statement that he or she was American Samoa, Swain’s Island or the • Religious record recorded in one of residing in the U.S., a U.S. possession Northern Mariana Islands, unless the the 50 States, the District of Columbia, or Puerto Rico on January 13, 1941; or person was born to foreign diplomats Puerto Rico (on or after January 13, • Evidence that the applicant was a residing in the U.S. 1941), Guam, the U.S. Virgin Islands (on Puerto Rican citizen and the applicant’s or after January 17, 1917)), American Note: If the document shows that the statement that he or she was residing in individual was born in Puerto Rico, the U.S. Samoa, Swain’s Island or the Northern Puerto Rico on March 1, 1917 and that Virgin Islands or the Northern Mariana Mariana Islands (unless the person was he or she did not take an oath of Islands before these areas became part of the born to foreign diplomats residing in allegiance to Spain. U.S., the individual may be a collectively such a jurisdication) within three U.S. Virgin Islands: naturalized citizen—see Paragraph C below. months after birth showing that the • Evidence of birth in the U.S. Virgin • United States passport (except birth occurred in such jurisdiction and Islands, and the applicant’s statement of limited passports, which are issued for the date of birth or the individual’s age residence in the U.S., a U.S. possession periods of less than five years); at the time the record was made; or the U.S. Virgin Islands on February • Report of birth abroad of a U.S. • Evidence of civil service 25, 1927; citizen (FS–240) (issued by the employment by the U.S. government • The applicant’s statement Department of State to U.S. citizens); before June 1, 1976; indicating resident in the U.S. Virgin • Certificate of birth (FS–545) (issued • Early school records (preferably Islands as a Danish citizen on January by a foreign service post) or Certification from the first school) showing the date 17, 1917 and residence in the U.S., a of Report of Birth (DS–1350) (issued by of admission to the school, the child’s U.S. possession or the U.S. Virgin the Department of State), copies of date and place of birth, and the name(s) Islands on February 25, 1927, and that which are available from the and place(s) of birth of the parent(s); he or she did not make a declaration to • Department of State; Census record showing name, U.S. maintain Danish citizenship; or • Certificate of Naturalization (N–550 citizenship or a U.S. place of birth, and • Evidence of birth in the U.S. Virgin or N–570) (issued by the INS through a date of birth or age of applicant; Islands and the applicant’s statement • Federal or State court, or through Adoption Finalization Papers indicating residence in the U.S., a U.S. administrative naturalization after showing the child’s name and place of possession or territory or the Canal Zone December 1990 to individuals who are birth in one of the 50 States, the District on June 28, 1932. individually naturalized; the N–570 is a of Columbia, Puerto Rico (on or after Northern Mariana Islands (NMI) replacement certificate issued when the January 13, 1941), Guam, the U.S. Virgin (formerly part of the Trust Territory of N–550 has been lost or mutilated or the Islands (on or after January 17, 1917), the Pacific Islands (TTPI)): individual’s name has been changed); American Samoa, Swain’s Island or the • Evidence of birth in the NMI, TTPI • Certificate of Citizenship (N–560 or Northern Mariana Islands (unless the citizenship and residence in the NMI, N–561) (issued by the INS to person was born to foreign diplomats the U.S., or a U.S. territory or possession individuals who derive U.S. citizenship residing in such a jurisdiction) or, on November 3, 1986 (NMI local time) through a parent; the N–561 is a where or adoption is not finalized and and the applicant’s statement that he or replacement certificate issued when the the State or other jurisdiction listed she did not owe allegiance to a foreign N–560 has been lost or mutilated or the above in which the child was born will state on November 4, 1986 (NMI local individual’s name has been changed); not release a birth certificate prior to time); • United States Citizen Identification final adoption, a statement from a state- • Evidence of TTPI citizenship, Card (I–197) (issued by the INS until approved adoption agency showing the continuous residence in the NMI since April 7, 1983 to U.S. citizens living near child’s name and place of birth in one before November 3, 1981 (NMI local the Canadian or Mexican border who of such jurisdictions (NOTE: the source time), voter registration prior to January needed it for frequent border crossings) of the information must be an original 1, 1975 and the applicant’s statement (formerly Form I–179, last issued in birth certificate and must be indicated that he or she did not owe allegiance to February 1974); in the statement); or a foreign state on November 4, 1986 • Northern Mariana Identification • Any other document that (NMI local time); or Card (issued by the INS to a collectively establishes a U.S. place of birth or in • Evidence of continuous domicile in naturalized citizen of the U.S. who was some way indicates U.S. citizenship the NMI since before January 1, 1974 born in the Northern Mariana Islands (e.g., a contemporaneous hospital record and the applicant’s statement that he or before November 3, 1986); of birth in that hospital in one of the 50 she did not owe allegiance to a foreign • Statement provided by a U.S. States, the District of Columbia, Puerto state on November 4, 1986 (NMI local consular officer certifying that the Rico (on or after January 13, 1941), time). 61364 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
Note: If a person entered the NMI as a • If the applicant is outside the U.S., as amended by the Illegal Immigration nonimmigrant and lived in the NMI since refer him or her to the State Department Reform and Immigrant Responsibility January 1, 1974, this does not constitute for a U.S. citizenship determination. Act of 1996. continuous domicile and the individual is Under the Immigration and not a U.S. citizen. E. Adoption of Foreign-Born Child by U.S. Citizen Nationality Act (the ‘‘INA’’), all aliens D. Derivative Citizenship over the age of 14 who remain in the • If the birth certificate shows a If the applicant cannot present one of United States for longer than 30 days are foreign place of birth and the applicant the documents listed in A or B above, required to register with the cannot be determined to be a you should make a determination of Immigration and Naturalization Service naturalized citizen under any of the derivative U.S. citizenship in the (the ‘‘INS’’) and obtain an alien above criteria, obtain other evidence of following situations: registration document. All aliens over U.S. citizenship; Applicant born abroad to two U.S. the age of 18 who receive a registration • Since foreign-born adopted children citizen parents: document are required to carry it with • Evidence of the U.S. citizenship of do not automatically acquire U.S. them at all times. With certain the parents and the relationship of the citizenship by virtue of adoption by U.S. exceptions (e.g., Canadian visitors), applicant to the parents, and evidence citizens, refer the applicant to the local aliens entering the U.S. are normally that at least one parent resided in the INS district office for a determination of issued a registration document (e.g., an U.S. or an outlying possession prior to U.S. citizenship if the applicant INS Form I–94) at the time of entry. The the applicant’s birth. provides no evidence of U.S. documents listed below that are Applicant born abroad to a U.S. citizenship. registration documents are indicated citizen parent and a U.S. non-citizen F. U.S. Citizenship By Marriage with an asterisk (‘‘*’’). national parent: Each of the documents listed below A woman acquired U.S. citizenship • Evidence that one parent is a U.S. will demonstrate lawful status, and you through marriage to a U.S. citizen before citizen and that the other is a U.S. non- should not require presentation of a September 22, 1922. Ask for: Evidence citizen national, evidence of the registration document if the applicant of U.S. citizenship of the husband, and relationship of the applicant to the U.S. presents one of the other legally evidence showing the marriage occurred citizen parent, and evidence that the acceptable documents that reasonably before September 22, 1922. U.S. citizen parent resided in the U.S., appears on its face to be genuine and to a U.S. possession, American Samoa or Note: If the husband was an alien at the relate to the person presenting it. Swain’s Island for a period of at least time of the marriage, and became naturalized However, if the document presented is one year prior to the applicant’s birth. before September 22, 1922, the wife also not a registration document and does acquired naturalized citizenship. If the not on its face reasonably appear to be Applicant born out of wedlock abroad marriage terminated, the wife maintained her to a U.S. citizen mother: genuine or to relate to the person • U.S. citizenship if she was residing in the Evidence of the U.S. citizenship of U.S. at that time and continued to reside in presenting it, it is appropriate to ask the the mother, evidence of the relationship the U.S. applicant to produce his or her to the applicant and, for births on or registration document as additional before December 24, 1952, evidence that G. Applicants With Disabilities and evidence of immigration status, so long the mother resided in the U.S. prior to Nondiscrimination as the request is not made for a the applicant’s birth or, for births after If an applicant has a disability that discriminatory reason (see December 24, 1952, evidence that the limits the applicant’s ability to provide Nondiscrimination Advisory, mother had resided, prior to the child’s the required evidence of citizenship or Attachment 2 to Interim Guidance). birth, in the U.S. or a U.S. possession for nationality (e.g., mental retardation, Presentation of a registration document a period of one year. amnesia, or other cognitive, mental or listed below that reasonably appears on Applicant born in the Canal Zone or physical impairment), you should make its face to be genuine and to relate to the the Republic of Panama: every effort to assist the individual to person presenting it (or to satisfy a • A birth certificate showing birth in obtain the required evidence. In higher applicable standard) will often the Canal Zone on or after February 26, addition, you should not discriminate obviate the need to verify the 1904 and before October 1, 1979 and against applicants on the basis of race, applicant’s immigration status with the evidence that one parent was a U.S. national origin, gender, religion, age or INS; if the applicant presents a citizen at the time of the applicant’s disability. See Nondiscrimination registration document that does not birth; or Advisory, Attachment 2 to Interim meet this standard, sending the INS a • A birth certificate showing birth in Guidance. copy of the document will assist it in the Republic of Panama on or after verifying the applicant’s status quickly February 26, 1904 and before October 1, Attachment 5—Interim Guidance— and accurately. 1979 and evidence that at least one Documentary Evidence of Status as A ‘‘Qualified Alien’’ Eligible for Federal Alien Lawfully Admitted for Permanent parent was a U.S. citizen and employed Residence by the U.S. government or the Panama Public Benefits Railroad Company or its successor in The documents listed below • *INS Form I–551 (Alien title. (descriptions of which are provided in Registration Receipt Card, commonly All other situations where an Exhibit A) will, when combined with known as a ‘‘green card’’); or applicant claims to have a U.S. citizen satisfactory proof of identity (which will • Unexpired Temporary I–551 stamp parent and an alien parent, or claims to come from the document itself if it bears in foreign passport or on *INS Form I– fall within one of the above categories a photograph of the person to whom it 94. but is unable to present the listed relates), establish that an applicant falls Asylee documentation: within one of the categories of • If the applicant is in the U.S., refer ‘‘qualified alien’’ for purposes of title IV • *INS Form I–94 annotated with him or her to the local INS office for of the Personal Responsibility and Work stamp showing grant of asylum under determination of U.S. citizenship; Opportunity Reconciliation Act of 1996, section 208 of the INA; Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61365
• *INS Form I–688B (Employment Alien Who Has Been Battered or should ask to see the replacement Authorization Card) annotated Subjected to Extreme Cruelty document at a later date. ‘‘274a.12(a)(5)’’; Guidance as to the requirements that Applicants with Disabilities and • *INS Form I–766 (Employment must be met for an alien to fall within Nondiscrimination Authorization Document) annotated this category of qualified alien is set If an applicant has a disability that ‘‘A5’’; forth in Exhibit B. Note that Title IV, as • Grant letter from the Asylum Office limits the applicant’s ability to provide amended by the Illegal Immigration the required evidence of immigration of INS;or Reform and Immigrant Responsibility • Order of an immigration judge status (.e.g., mental retardation, Act of 1996, contains provisions granting asylum. amnesia, or other cognitive, mental or requiring that, upon the effective date of physical impairment), you should make Refugee the new affidavit of support (required every effort to assist the individual to • *INS Form I–94 annotated with under section 213A of the Act), when obtain the required evidence. In stamp showing admission under § 207 determining eligibility for federal addition, you should not discriminate of the INA; means-tested public benefits and the against applicants on the basis of race, • *INS Form I–688B (Employment amount of such benefits to which an national origin, gender, religion, age or Authorization Card) annotated alien is entitled, the income and disability. See Nondiscrimination ‘‘274a.12(a)(3)’’; resources of the alien be deemed to Advisory, Attachment 2 to Interim • *INS Form I–766 (Employment include those of any person executing Guidance. Authorization Document) annotated an affidavit of support on behalf of the Local INS Offices ‘‘A3’’; or alien and that person’s spouse. Certain • INS Form I–571 (Refugee Travel exceptions are made for indigent A list of local INS offices and their Document). qualified aliens and for qualified aliens addresses is set forth in Attachment 1 to who (or whose children) have been the Interim Guidance. Attachment 1 also Alien Paroled Into the U.S. for a Least battered or subjected to extreme cruelty includes a copy of INS Form G–845 and One Year in the U.S. by a spouse, parent or the Supplement thereto to be used to • *INS Form I–94 with stamp member of the spouse or parent’s family verify immigration status pursuant to showing admission for at least one year and for qualified alien children whose the Interim Guidance. parents have been subjected to such under section 212(d)(5) of the INA. EXHIBIT A TO ATTACHMENT 5 (Applicant cannot aggregate periods of abuse. See Attachment 5, Exhibit B, admission for less than one year to meet Section II. ‘‘PINK’’ I–551 ‘‘RESIDENT ALIEN’’ CARD the one-year requirement.) Expired or Absent Documentation FRONT: Pink background (blue header bar); blue INS seal overlaps photo area. Alien Whose Deportation or Removal If an applicant presents expired Repeating ‘‘I–551’’ becomes visible when Was Withheld documents or is unable to present any card is tilted under normal light. Expiration • *INS Form I–688B (Employment documentation evidencing his or her date on front of card: Moth, day, and year. immigration status, refer the applicant BACK: Color gradually changes from pink Authorization Card) annotated to blue, with map of U.S. in white. Three ‘‘274a.12(a)(10)’’; to the local INS office to obtain • lines of machine readable printing at bottom *INS Form I–766 (Employment documentation of status. In unusual on white background. Immigrant Authorization Document) annotated cases involving applicants who are classification and admission/adjustment date ‘‘A10’’; or hospitalized or medically disabled, or on back of card. First set of code is immigrant • Order from an immigration judge who can otherwise show good cause for classification, beginning with letter(s) showing deportation withheld under their inability to present documentation, followed by numbers(s). Third set of code is § 243(h) of the INA as in effect prior to and for whom securing such admission/adjustment date, beginning with April 1, 1997, or removal withheld documentation would constitute an year, month, and day. under § 241(b)(3) of the INA. undue hardship, if the applicant can ‘‘WHITE’’ I–551 ‘‘RESIDENT ALIEN’’ CARD provide an alien registration number, Alien Granted Conditional Entry FRONT: White background (blue header you may file INS Form G–845 and bar); salmon lines cover the photo in an • *INS Form I–94 with stamp Supplement, along with the alien unbroken pattern. Printing ‘‘detail’’ in eagle showing admission under § 203(a)(7) of registration number and a copy of any is excellent. Immigrant classification is on the INA; expired INS document presented, with front of card in lower right corner, beginning • *INS Form I–688B (Employment the local INS office to verify status. As with letter(s) followed by number(s). Authorization Card) annotated with any documentation of immigration BACK: Pale greenish background, map of ‘‘274a.12(a)(3)’’; or status, you should confirm that the U.S. in white. Three lines of machine • *INS Form I–766 (Employment status information you receive back readable codes. Admission/adjustment date is at bottom, left corner on back of card, Authorization Document) annotated from INS pertains to the applicant beginning with year, month, and day. ‘‘A3.’’ whose identity you have verified. UNEXPIRED FOREIGN PASSPORT WITH Cuban/Haitian Entrant Receipt for Replacement Document I–551 STAMP • *INS Form I–551 (Alien If an applicant presents a receipt An I–551 stamp may be present in a foreign Registration Receipt Card, commonly indicating that he or she has applied to passport, with a handwritten ‘‘Valid Until’’ known as a ‘‘green card’’) with the code the INS for a replacement document for date. A proof of entry and inspection stamp CU6, CU7, or CH6; one of the documents identified above, will also present in the passport, similar to • Unexpired temporary I–551 stamp file INS Form G–845 and Supplement the stamp for an I–94. Date of entry is stamped. Immigrant visa classification (letter in foreign passport or on *INS Form along with a copy of the receipt with the and number) is printed or stamped on I–94 with the code CU6 or CU7; or local INS office to verify status. Upon • ‘‘Admitted’’ line. Valid status expires on date INS Form I–94 with stamp showing return receipt of information from INS, enumerated at ‘‘Until’’ section of I–551 parole as ‘‘Cuba/Haitian Entrant’’ under confirm that it pertains to the applicant stamp. The alien number may be printed Section 212(d)(5) of the INA. whose identity you have verified. You beginning with letter A. 61366 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
I–94 ARRIVAL/DEPARTURE RECORD the Act’s new deeming requirements for a provider should submit its verification Proof of entry is signified by U.S. period of one year, and for longer if the request by filing INS Form G–845 and the G– immigration stamp. Date of entry is stamped. battery or cruelty has been recognized in an 845 Supplement with the local INS office. Non-immigrant visa classification (letter or order of a judicial officer or an administrative Attachment 1 to the Interim Guidance letter and number) is printed or stamped on law judge or in an Immigration and includes a copy of INS Form G–845 and the ‘‘Admitted’’ line. Valid status expires on date Naturalization Service (‘‘INS’’) G–845 Supplement to be used as indicated enumerated at ‘‘Until’’ section of stamp. determination. below, as well as a list of local INS offices. Refugees and asylees each receive a CONSIDERATIONS AFFECTING ALL (4) You should not share any information separate INS stamp. Asylum seekers have APPLICANTS that you receive from or regarding the applicant with any member of his or her ‘‘valid to’’ date, while refugees have a date Benfit providers should observe the of admission. family or any other third party, without the following protocol with regard to all express written permission of the applicant. applicants who seek qualified alien status ‘‘RED’’ I–688B ‘‘EMPLOYMENT I. PROCEDURES FOR DETERMINING AUTHORIZATION’’ under section 431(c) of the Act: (1) This Exhibit should be interpreted QUALIFIED ALIEN STATUS FRONT: White background, read header consistently with the principles set forth in An alien is a ‘‘qualified alien’’ eligible for bar and yellow interlocking wavy lines, gold the Interim Guidance, including, but not public benefits under section 431(c) of the INS seal becomes visible when tilted under limited to, its standards for acceptance of Act if he or she meets the following four normal light. Expiration date is on front, documents demonstrating status, its requirements: month, day, and year. nondiscrimination advisory and its (1) the INS or the EOIR has granted a BACK: Red outline of U.S., Alaska, and provisions regarding whether to grant or petition or application filed by or on behalf Hawaii. The word ‘‘Void’’ is capitalized and withhold benefits pending verification of of the alien, the alien’s child, or the alien underlined. qualified alien status. In addition, as child’s parent under one of several ‘‘RED’’ I–766 ‘‘EMPLOYMENT specified in the Interim Guidance, a provider subsections of the Immigration and AUTHORIZATION’’ should determine whether an applicant Nationality Act (‘‘INA’’) described below or otherwise meets specific program has found that a pending petition sets forth FRONT: White background, red header bar. requirements for benefit eligibility before a prima facie case; Statue of Liberty, USA, and Immigration and initiating the verification process described (2) the alien, the alien’s child, or the alien Naturalization Service symbols become below, unless determining program eligibility child’s parent has been abused in the United visible when tilted under normal light. would be considerably more complex and States 1 as detailed below: Expiration date is at bottom, right corner. time-consuming than verifying immigration (a) in the case of the abused alien: the alien Non-immigrant category listed over justice status. (In the case of providers who are has been battered or subjected to extreme seal by a letter and number abbreviation of considering referring individual applicants to cruelty in the United States by a spouse or the 274A.12 immigration law citation. the Social Security Administration for parent of the alien, or by a member of the BACK: White background, black magnetic issuance of a Social Security number, the spouse or parent’s family residing in the strip and bar code. provider should first determine that the same household as the alien, if the spouse or DECISION GRANTING ASYLUM applicant is otherwise eligible for program parent consents to or acquiesces in such benefits.) battery or cruelty; Documents issued to aliens, granted (2) Many of the applicants seeking asylum vary. (b) in the case of an alien whose child is assistance pursuant to this provision will abused: the alien’s child has been battered or REFUGEE TRAVEL DOCUMENT FORM need assistance on various matters relating to subjected to extreme cruelty in the United I–571 both their immigration status and their States by a spouse or parent of the alien, or domestic violence-related concerns. You Form I–571 is issued by the INS to aliens by a member of the spouse or parent’s family should therefore direct applicants to the INS who have been granted refugee status. residing in the same household as the alien forms request line (1–800–870–3676) so that if the spouse or parent consents to or ORDER GRANTING WITHHOLDING OF applicants who are eligible to self-petition acquiesces in such battery or cruelty, and the DEPORTATION under the Violence Against Women Act, 8 alien did not actively participate in the batter U.S.C. 1154(a)(1), but have yet to do so, may The documents used by immigration or cruelty; request an INS Form I–360 and filing judges to grant withholding of deportation (c) in the case of an alien child whose instructions. You should also refer them to vary. parent is abused: the alien child’s parent has the National Domestic Violence Hotline (1– been battered or subjected to extreme cruelty EXHIBIT B TO ATTACHMENT 5—ALIENS 800–799–7233) so that applicants may obtain in the United States by the parent’s spouse, WHO HAVE BEEN BATTERED OR assistance from a local domestic violence or by a member of the spouse’s family SUBJECTED TO EXTREME CRUELTY service provider and referrals to immigration residing in the same household as the parent, WITHIN THE MEANING OF SECTION 431 attorneys. (A copy of INS Form I–360 is if the spouse consents to or acquiesces in OF THE ACT attached to this Exhibit). such battery or cruelty; INTRODUCTION (3) Except where this attachment directs (3) there is a substantial connection otherwise, when asking the INS or the between the battery or extreme cruelty and Section 431 of the Personal Responsibility Executive Office for Immigration Review and Work Opportunity Reconciliation Act of the need for the public benefit sought; and (‘‘EOIR’’) to verify an applicant’s immigration (4) the battered alien, child, or parent no 1996 (the ‘‘Act’’), as amended by section 501 status, a benefit provider should submit a of the Illegal Immigration Reform and longer resides in the same household as the verification request form. Sample INS and abuser. Immigrant Responsibility Act of 1996 (the EOIR verification forms (hereinafter ‘‘the INS Each of these four requirements, and ‘‘Immigration Act’’) and sections 5571–72 Request Form’’ and ‘‘the EOIR Request Form’’ processes for assuring that an applicant and 5581 of the Balanced Budget Act of 1997 respectively) are attached hereto. These meets these requirements, are discussed in (‘‘the Budget Act’’), provides that certain samples must be replicated and submitted on detail below. (In addition to these four categories of aliens who have been subjected your agency’s letterhead in order for INS or requirements, the alien must of course meet to battery or extreme cruelty in the United EOIR to provide verification information. The the eligibility criteria of the particular States by a family member with whom they INS Request Form should be faxed to the INS resided are ‘‘qualified aliens’’ eligible for Vermont Service Center (fax: (802) 527–3159; public benefits under the Act. An alien tel: (802) 527–3160); the EOIR Request Form 1 Some applicants may possess documents whose child or an alien child whose parent should be faxed to the office of the demonstrating that they have been admitted to the has been abused is also a ‘‘qualified alien.’’ United States because of battery or extreme cruelty appropriate immigration court (a list of the that occurred outside of the United States, but this Additionally, section 421 of the Act, as immigration courts and their addresses, fax is insufficient by itself to make them eligible for amended by section 552 of the Immigration numbers and telephone numbers is also benefits under section 431(c). Section 431(c) does Act and section 5571 of the Budget Act, attached to this Exhibit). In certain limited not apply unless some battery or extreme cruelty exempts this group of battered aliens from circumstances described below, the benefit occurred in the United States. Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61367 program from which benefits are sought.) A of the INA (governing the Attorney General’s well as a copy of the document(s) provided benefit provider must determine that an authority to suspend deportation or cancel by the applicant, to the court administrator applicant satisfies all four requirements. If an the removal and adjust the status of an alien of the appropriate immigration court. applicant presents documentation indicating if the alien or the alien’s child has been Applicants who have filed a petition or that an INS I–130 petition has been filed on subjected to battery or extreme cruelty in the application or had a petition or application the applicant’s behalf under the INA United States by a spouse or parent who is filed on their behalf, as applicable, under any provisions listed in subparagraph (a) of a U.S. citizen or LPR).2 Note: Only this of the above-described provisions of the INA requirement one below, or that the applicant provision of the INA allows the alien parent will apply to a benefit provider in one of has filed an INS I–360 petition under the INA of a battered child to obtain relief from seven possible situations described below. provisions listed in subparagraph (b) of deportation or removal even if he or she is (1) With documentation evidencing an requirement one below, the benefit provider not married to the U.S. citizen or LPR parent. approved petition or application under one should determine whether the applicant This includes aliens who were never married of the provisions listed in (a)–(e) above: meets the other three requirements for to the U.S. citizen or LPR parent, aliens who (a) INS Form I–551 (‘‘Resident Alien Card’’ qualified alien status (including battery or are divorced from the U.S. citizen or LPR. or ‘‘Alien Registration Receipt Card’’, extreme cruelty) before verifying his or her Under the provisions described in (a)–(d) commonly known as a ‘‘green card’’) with immigration status with the INS. If an above, the alien must have been married to one of the following INS class of admission applicant presents documentation indicating the U.S. citizen or LPR spouse at the time the (‘‘COA’’) codes printed on the front of a that he or she has filed an INS I–360 petition petition was filed. Unmarried children of white card or the back of a pink card based on one of the INA provisions listed in U.S. citizen or LPRs less than 21 years of age demonstrates approval of a petition under subparagraph (c) or (d) of requirement one may petition for admission as a battered paragraphs (a)–(b) above: 3 AR1, AR6, C20 below, or has sought suspension of child under the provision described in (a) or through C29, CF1, CF2, CR1, CR2, CR6, CR7, deportation or cancellation of removal from (d) at any time, regardless of their parents’ CX1 through CX3, CX6 through CX8, F20 the EOIR under one of the INA provisions marital status. through F29, FX1 through FX3, FX6 through listed in subparagraph (e) of requirement one FX8, IF1, IF2, IR1 through IR4, IR6 through below, INS or EOIR will make the Documentation IR9, IW1, IW2, IW6, IW7, MR6, MR7, P21 determination as to battery or extreme As set forth in Step 3 of the Interim through P23, or P26 through P28; cruelty. In such cases, the benefit provider Guidance regarding verification of qualified (b) INS Form I–551 with one of the may contact the INS or the EOIR as alien status, you should ask the alien to following COA codes stamped on the lower applicable to initiate the verification process present documentation demonstrating his or left side of the back of a pink card prior to determining if the applicant meets her immigration status. As described in the demonstrates approval of a petition under the other two requirements for qualified alien Interim Guidance, if the documentation paragraphs (c)–(d) above: IB1 through IB3, status. After contacting the INS or the EOIR, indicates that the applicant fall into one of IB6 through IB8, B11, B12, B16, B17, B20 the benefit provider should continue the categories listed in (a)–(e) above and through B29, B31 through B33, B36 through reviewing the applicant’s eligibility for reasonably appears on its face to be genuine B38, BX1 through BX3, or BX6 through BX8; qualified alien status under requirements (or, if your program already has existing (c) INS Form I–551 with COA code Z13 three and four below, and should not delay guidance or procedures mandating a higher may demonstrate approval of a petition this evaluation while awaiting a response standard of proof for acceptance of under paragraph (e) above; if an alien from the INS or the EOIR. documentary evidence of immigration status, claiming approved status presents a card Requirement 1: Appropriate INS Status. the document satisfies that higher standard) bearing the code Z13, determine where the You must determine that the INS or the and to relate to the individual presenting it, card was issued by asking the alien where he EOIR, as applicable, has approved an you should accept the documentation as or she received the grant of suspension of applicant’s petition or application or has conclusive evidence that the applicant deportation, and then fax the EOIR Request found that the applicant’s pending petition or satisfies requirement one and should not Form on your agency letterhead, as well as application sets forth a prima facie case, verify immigration status with the INS or the a copy of the card and any other document(s) under one of the following provisions of the EOIR. If, based on your review of the presented by the alien, to the EOIR court that INA: documents presented, you are considering granted the alien’s suspension. If the alien (a) Section 204(a)(1)(A)(i) and determining that an applicant does not have does not recall where the grant of suspension 204(a)(1)(B)(i) of the INA (governing the requisite immigration status and thus is of deportation was received, compare the city eligibility to receive law permanent resident not eligible for the benefits requested based code on the card to the list of city codes (‘‘LPR’’) status as a spouse or child of a U.S. on his or her immigration status—e.g., attached to this Exhibit, and fax the EOIR citizen, or as a spouse, child or unmarried because the documents does not on its face Request Form on your agency letterhead, as son or daughter of an LPR, based on the reasonably appear to be genuine (or to satisfy well as a copy of the card and any other petition of a spouse or parent); a higher applicable standard), to demonstrate document(s) presented by the alien, to the (b) Section 204(a)(1)(A)(ii) of the INA that the applicant falls into any of the Court Administrator of the EOIR court closest (governing eligibility to apply for LPR status categories listed in (a)–(e) above, or to relate to the city where the green card was issued; as an alien who is the widow or widower of to the person presenting it—you should (d) Unexpired Temporary I–551 stamp in a U.S. citizen to whom the alien had been check with the INS or the EOIR as applicable foreign passport or on INS Form I–94 with married for at least two years at the time of to verify the information presented by the one of the COA codes specified in the such citizen’s death); applicant. To verify status with the INS, in preceding three paragraphs (if the temporary (c) Sections 204(a)(1)(A)(iii) and most cases, your should fax the INS Request stamp or the INS Form I–94 bears the code 204(a)(1)(B)(ii) of the INA (governing Form, on your agency letterhead, as well as eligibility to apply for LPR status as an alien a copy of the document(s) provided by the 3 who is the spouse of a U.S. citizen or LPR, The green card codes, green card types, and applicant, to the INS Vermont Service Center. stamps in foreign passports or on INS Form I–94 who has resided with the spouse in the In some cases, as detailed in footnote three that demonstrate an approved petition or United States, and who (or whose child) has below, request for INS verification should be application under one of the provisions listed in been subjected to battery or cruelty in the submitted to the local INS office using from (a)–(b) above are too numerous to describe here. If United States by his or her spouse); G–845 and its supplement. To verify status an alien claiming approved status presents a code (d) Sections 204(a)(1)(A)(iv) and with the EOIR, you should fax the EOIR different than those enumerated, or if you cannot determine the class of admission from the I–551 204(a)(1)(B)(iii) of the INA (governing Request Form on your agency letterhead, as eligibility to apply LPR status as an alien stamp, you should file INS Form G–845, and the G– who is the child of a U.S. citizen or LPR, and 845 Supplement (mark item six on the Supplement) 2 who has resided with that parent in the While this provision includes unabused alien along with a copy of the document(s) presented, parents of battered children, it does not include with the local INS office in order to determine United States and been subjected to battery unabused alien children of battered parents. This whether the applicant gained his or her status or cruelty in the United States by his or her rule stands in contrast to the self-petitioning because he or she was the spouse, widow, or child citizen or LPR parent); or provisions described in (c) above, which battered of a U.S. citizen or the spouse, child, or unmarried Section 244(a)(3) of the INA as in effect spouses of U.S. citizen or LPRs can include their son or daughter of an LPR. (See Attachment 1 to prior to April 1, 1997, or section 204A(b)(2) alien children in their petitions for status. Interim Guidance.) 61368 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
Z13, follow the process described the applicant has established a prima facie petition was filed on his or her behalf, as immediately above); if it bears another code case for suspension of deportation under INA applicable, under one of the provisions listed or you cannot determine what the COA code section 244(a)(3) as in effect prior to April 1, in (a) or (b) above (the documentation must is, follow the process outlined in footnote 1997, or cancellation of removal under indicate that the applicant is the widow/ three; 4 section 240A(b)(2) of the INA. widower of a U.S. citizen, the husband or (e) INS Form I–797 indicating approval of (3) With documentation indicating that the wife of a U.S. Citizen or LPR, the unmarried an INS I–130 petition (only I–130 petitions applicant has filed a petition or that a child under age 21 of a U.S. citizen or LPR, describing the following relationships may be petition has been filed on the applicant’s or the unmarried child age 21 or older of an accepted: husbands or wives of U.S. citizens behalf, as applicable, under one of the LPR): or LPRs, unmarried children under 21 years provisions listed in (c) or (d) above, but with • For aliens on whose behalf a petition has old of U.S. citizens or LPRs, or unmarried no evidence of approval of the petition or been filed: INS Form I–797 indicating filing children 21 or older of LPRs), or approval of establishment of a prima facie case, in which of an INS I–130 petition, a file-stamped copy an I–360 petition (only I–360 approvals based case the benefit provider should determine of the petition, or another document on status as a widow/widower of a U.S. from the documentation when the petition demonstrating filing (including a cash citizen or as a self-petitioning spouse or child was filed and take the actions set forth below: register or computer-generated receipt of an abusive U.S. citizen or LPR may be (a) Applicants with petitions filed before indicating filing of Form I–130) (a sample accepted); 5 or June 7, 1997 should have an INS Form I–797 copy of Form I–130 is attached to this (f) A final order of an Immigration Judge indicating filing of the I–360 petition by Exhibit). or the Board of Immigration Appeals granting ‘‘self-petitioning spouse [or child] of abusive • For self-petitioning widows or widowers: suspension of deportation under section U.S.C. or LPR,’’ a file-stamped copy of the a file-stamped copy of the INS I–360 petition, 244(a)(3) of the INA as in effect prior to April petition, or another document demonstrating or another document demonstrating filing 1, 1997, or cancellation of removal under filing (including a cash register or computer- (including a cash register or computer- section 240A(b)(2) of the INA. If the court or generated receipt indicating filing of Form I– generated receipt indicating filing of Form I– Board order does not indicate that 360), but the INS will not have determined 360). suspension of deportation or cancellation of whether the applicant’s petition sets forth a A prima facie determination will not have removal was granted under section 244(a)(3) prima facie case. (If the applicant has no been made with regard to these petitions. or 240A(b)(2), you should fax the EOIR proof of filing, you should follow the You should request that the INS expedite Request Form on your agency letterhead, as instructions in paragraph 6.) You should adjudication of the petition or that a prima well as a copy of the order, to the court request that the INS expedite adjudication of facie determination be made by faxing the administrator of the EOIR court issuing the the petition or that a prima facie INS Request Form on your agency letterhead, order, and ask the court to notify you of the determination be made by faxing the INS to the INS Vermont Service Center. Inquires INA provision under which the applicant Request Form on your agency letterhead, to about these cases may also be submitted in was granted relief. the INS Vermont Service Center. Inquires the same manner to the INS Vermont Service (2) With documentation demonstrating that about these cases may also be submitted in Center. the applicant has established a prima facie the same manner to the INS Vermont Service Applicants who are beneficiaries of I–130 case 6 under one of the provisions described Center. in (c), (d) or (e) above: (b) Applicants with petitions filed after petitions will have had a petition filed on (a) INS Form I–797 indicating that the June 7, 1997 should have an INS Form I–797 their behalf. The petition process gives the applicant has established a prima facie case; indicating filing of the I–360 petition, but spouse or parent of the applicant ultimate or may have only a copy of the petition and control over the disposition of the petition. (b) An immigration court or Board of proof of mailing. Within three weeks of If the spouse or parent is the abuser, he or Immigration Appeals order indicating that filing, INS will send to the applicant either she can nullify the petition either by an approval notice, a notice of prima facie withdrawing it or by divorcing the alien before the alien is able to obtain a green card. 4 If an applicant possesses the documents listed case, or a request for additional in items (a) through (d), the applicant has documentation. In some cases, the applicant Because the most current information established that he or she is a lawful permanent will receive both a notice of prima facie case regarding the status of a pending I–130 resident and therefore is a qualified alien. You and a request for additional documentation. petition will reside with the batterer until an should nonetheless proceed with the analysis of Upon publication of an interim prima facie applicant has received his or her green card, requirements 2 through 4 to determine if the you should query INS regarding the applicant qualifies for the battered exception to the rule, INS will begin the process of determining whether an applicant’s petition applicant’s continued eligibility each time deeming provisions (see Part IIA below). you recertify the applicant for eleigiblity 5 INS Form I–797 is used for numerous categories sets forth a prima facie case. If three weeks of petitions, and is used to indicate both receipt of have elapsed since the filing of the petition, under general program guidelines. For these a petition and approval or denial of a petition. It you may determine the status of the case by reasons, and because a self-petitioning will also be used to indicate that an applicant has faxing the INS Request Form, on your applicant may be able to obtain employment set forth a prima facie case. Thus, it is important letterhead, to the Vermont Service Center. authorization, an alien who is eligible to self- to read the language on the Form I–797 presented Please not that the prima facie petition under the Violence Against Women by an applicant to ensure that it is more than a determination is an interim determination. Act should be strongly encouraged to do so. receipt, and specifically that it (a) denotes filing (Note: The alien must be the spouse or child under one of the provisions specified above, and (b) An INS notice of prima facie case will expire denotes approval of the petition or a finding that upon issuance of a final decision by the INS of the abuser and, in the case of a spousal a prima facie case has been demonstrated. Sample or 150 days after issuance, whichever is petition, still be married to the abuser when copies of Form I–797 are attached to this Exhibit. earlier. An EOIR prima facie determination the petition is filed.) The applicant should 6 Because the INS has not previously been will expire upon the date of the applicant’s also be directed to the INS forms request line required to conduct prima facie assessments, it is hearing on the merits of his or her case, or and the National Domestic Violence Hotline implementing procedures (which will become if made by the Board of Immigration Appeals, as set forth on page one. effective upon publication of an interim rule) to upon issuance of the Board’s decision on the (5) Documentation indicating that the INS expedite the review of I–360 petitions under the has initiated deportation or removal provisions described in (c) and (d) above and to appeal. In order to remain eligible for notify the applicant within three weeks of INS’ benefits after the expiration of a notice of proceedings in which relief under the receipt of the petition if he or she has set forth a prima facie case an applicant must either provision(s) listed in section (e) above may prima facie case. Similarly, the EOIR has not request and obtain a renewal of the prima be available (copies of the documents listed previously been required to conduct the prima facie facie determination from the INS or the EOIR, below are attached to this Exhibit): assessment which is required under the provisions as applicable, or must present the benefit • an ‘‘Order to Show Cause’’; described in (e) above. The EOIR is currently provider with a copy of one of the documents • a ‘‘Notice to Appear’’; or working to implement a process for determining listed in paragraph one above indicating that • a ‘‘Notice of Hearing in Deportation whether an applicant has set forth a prima facie case. Applicants in deportation or removal his or her petition or application has been Proceedings.’’ proceedings who are in need of a prima facie approved. You should inform the applicant that, if determination should contact the appropriate (4) With documentation indicating that the the applicant or the applicant’s child has immigration court. applicant has filed a petition or that a been battered or subjected to extreme cruelty Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61369 in the United States by a spouse or parent subjected to extreme cruelty in the United enumerated in paragraphs (c), (d) or (e) of who is a U.S. citizen or LPR, and the States by a spouse or parent of the alien, or requirement one above have already met the applicant has been present in the United by a member of the spouse or parent’s family requirement of demonstrating battery or States for at least three years, he or she may residing in the same household as the alien extreme cruelty pursuant to the INS rule. file an application with the EOIR requesting if the spouse or parent consents to or Thus, the benefit provider should not make suspension of deportation or cancellation of acquiesces in such battery or cruelty, and the a new determination of battery or cruelty, removal as applicable. You should also notify alien did not actively participate in the and should instead proceed directly to the the applicant that, upon filing the battery or cruelty; determination of substantial connection application, he or she may ask the court to • in the case of an alien child whose under requirement three. Similarly, a make a prima facie evaluation of the parent is abused: the alien child’s parent has protection order or record of criminal application and that, if the court indicates been battered or subjected to extreme cruelty conviction satisfies the battery or extreme that the applicant has set forth a prima facie in the United States by the parent’s spouse, cruelty requirement for applicants in the case for relief, he or she should return to your or by a member of the spouse’s family following situations: agency to complete the benefit eligibility residing in the same household as the parent • any applicant who has or has had a evaluation process (see also footnote six). if the spouse consents to or acquiesces in protection order issued against his or her You should also refer the applicant to the such battery or cruelty. spouse, parent, or family member of the National Domestic Violence Hotline as set (a) Definitions of Battery, Extreme Cruelty spouse or parent with whom the applicant forth on page one so that he or she may and Family Member was living; obtain assistance from a local domestic For purposes of this Guidance, the phrase • any applicant whose child has or has violence service provider and referrals to ‘‘battered or subjected to extreme cruelty’’ had a protection order issued against the immigration attorneys. (Some of these has the meaning set forth below. This applicant’s spouse, parent, or family member applicants will also have sought the relief definition is drawn, with slight modification, of the spouse or parent with whom the described in (a)–(d) above. Thus the from the INS interim rule, ‘‘Petition to applicant was living (including protection applicant may have an I–797 indicating that Classify Alien as Immediate Relative of a orders issued to the applicant on behalf of his or her petition has been granted or that United States Citizen or as Preference the applicant’s abused minor child); the petition sets forth a prima facie case, or Immigrant; Self-Petitioning for Certain • any applicant who is an alien child and an I–797 receipt indicating that a petition has Battered or Abused Spouses and Children,’’ whose parent has or has had a protection recently been filed. You should only follow 61 Fed. Reg. 13,061, 13074 (1996) (8 C.F.R. order issued against the parent’s spouse, or the procedures described in this paragraph if 204.2(c)(vi)). family member of the spouse with whom his the applicant does not have such a petition The phrase ‘‘battered or subjected to or her parent was living; pending with the INS.) extreme cruelty’’ includes, but is not limited • any applicant who has a record of (6) With minimal or no documentation to, being the victim of any act or threatened criminal conviction of his or her spouse, regarding the claimed filing: Because of the act of violence, including any forceful parent, or family member of the spouse or nature of abusive relationships, applicants detention, which results or threatens to result parent with whom the applicant was living, may not have copies of the documents that in physical or mental injury. Psychological or for committing an act of violence against the have been filed by them or on their behalf. sexual abuse or exploitation, including rape, applicant or his or her child; or If the applicant has some documentation, but molestation, incest (if the victim is a minor), • any applicant who is an alien child and it is insufficient to demonstrate filing, or forced prostitution shall be considered who has a record of criminal conviction of establishment of prima facie case or approval acts of violence. Other abusive actions may his or her parent’s spouse, or family member of a petition, you should fax the INS Request also be acts of violence under this rule. Acts of the spouse with whom the parent was Form on your agency letterhead, as well as or threatneded acts that, in and of living , for committing an act of violence a copy of any document(s) provided by the themselves, may not initially appear violent against the applicant’s parent. applicant, to the INS Vermont Service Center may be part of an overall pattern of violence. In the above situations, the applicant has in order to determine the applicant’s status. This is a broad, flexible definition that established battery or extreme cruelty for If the applicant has no documentation, but is encompasses all types of battery and extreme purposes of this Guidance, and you should certain that a petition has been filed by his cruelty. The acts mentioned in the above immediately proceed to requirement three.7 or her spouse or parent, you should fax the definition should be regarded by benefit (c) All Other Applicants INS Request Form to the INS Vermont providers as acts of violence whenever they Except for applicants addressed in (b) Service Center. If the applicant has no occur, so long as one or more of the acts takes immediately above, an applicant must documentation and is uncertain whether a place in the United States and while the provide evidence of abuse. The benefit petition has been filed on his or her behalf, family relationship between the abuser and provider should consider any credible you should refer the applicant to the National the victim exists. It is not possible, however, evidence proffered by the applicant. Domestic Violence Hotline as set forth on to identify all behaviors that could be acts of Evidence of battery or extreme cruelty (and page one. violence under certain circumstances, and in the case of a petition on behalf of a child, (7) Without having filed one of the above this definition does not contain an evidence that the applicant did not actively petitions, but with facts indicating a basis to exhaustive list of the acts of violence that participate in the abuse) includes, but is not file such a petition: You should refer such will constitute battery or extreme cruelty. limited to, reports or affidavits from police, applicants to the INS forms request line and Many other nonenumerated abusive actions judges and other court officials, medical to the National Domestic Violence Hotline as will also constitute an act or threatened act personnel, school officials, clergy, social set forth on page one. of violence under this definition. workers, counseling or mental health Requirement 2: Battered or Subjected to For purposes of this Guidance, the phrase personnel, and other social service agency Extreme Cruelty. You must also determine ‘‘member of the spouse or parent’s family’’ personnel; legal documentation, such as an whether an applicant, his or her child, or, in means any person related by blood, marriage, order of protection against the abuser or an the case of an alien child, his or her parent, or adoption to the spouse or parent of the order convicting the abuser of committing an has been battered or subjected to extreme alien, or any person having a relationship to act of domestic violence that chronicles the cruelty (as defined below) as follows: the spouse or parent that is covered by the existence of abuse; evidence that indicates • in the case of an abused alien: the alien civil or criminal domestic violence statutes of has been battered or subjected to extreme the state or Indian country where the alien 7 In cases where INS is making the determination cruelty in the United States by a spouse or resides, or the state or Indian country in regarding battery and extreme cruelty, INS will parent of the alien, or by a member of the which the alien, the alien’s child, or the alien follow its regulations as set forth in 8 C.F.R. spouse or parent’s family residing in the child’s parent received a protection order. 204.2(c)(2). Under these regulations, INS will same household as the alien if the spouse or (b) Applicant With EOIR Order or consider protection orders and criminal convictions along with any credible evidence relevant to the parent consents to or acquiesces in such Approved INS Petition or Other Court Order petition. The determination of what evidence is battery or cruelty; Based on Battery credible and the weight to be given that evidence • in the case of an alien whose child is Applicants with approved petitions or rests within the sole discretion of INS. See 8 C.F.R. abused: the alien’s child has been battered or orders granted under one of the provisions 204(c)(2)(I). 61370 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices that the applicant sought safe-haven in a need for the benefits sought. This • Where the benefits are needed to battered women’s shelter or similar refuge requirement will not be satisfied simply by alleviate nutritional risk or need resulting because of the battery against the applicant a determination that an applicant has been from the abuse or following separation from or his or her child; or photographs of the subjected to battery or extreme cruelty. To the abuser; visibly injured applicant, child, or (in the assist benefit providers in making substantial • Where the benefits are needed to provide case of an alien child) parent supported by connection determinations, and as required medical care during a pregnancy resulting affidavits. An applicant may also submit by the Budget Act, the Attorney General has from the abuser’s sexual assault or abuse of, sworn affidavits from family members, developed a list of circumstances, set forth or relationship with, the applicant, the friends or other third parties who have below, that demonstrate a substantial applicant’s child, and/or (in the case of an personal knowledge of the battery or cruelty. connection between the battery or extreme alien child) the applicant’s parent and/or to Additionally, an applicant may submit his or cruelty suffered by an applicant, the care for any resulting children; or her own affidavit, under penalty of perjury (it applicant’s child, or (in the case of an alien • Where medical coverage and/or health does not have to be notarized), describing the child) the applicant’s parent, and the need care services are needed to replace medical circumstances of the abuse, and the benefit for the benefit sought. You may refer to this coverage or health care services the provider has the discretion to conclude that list as a guide in making substantial applicant, the applicant’s child, or (in the the affidavit is credible, and, by itself or in connection determinations. case of an alien child) the applicant’s parent conjunction with other evidence, provides Note: The Attorney General’s Order No. had when living with the abuser. relevant evidence of sufficient weight to 2097–97, Determination of Situations that Requirement 4: Battered Applicant No demonstrate battery or extreme cruelty. The Demonstrate a Substantial Connection Longer Resides in the Same Household with benefit provider should keep a copy of all Between Battery or Extreme Cruelty and Batterer. Before providing benefits, you must evidence presented by the applicant. Need for Specific Public Benefits, 62 FR determine that the battered applicant, child or parent no longer resides in the same The benefit provider should bear in mind 39874 (July 24, 1997), has been superseded household or family eligibility unit as the that, due to the nature of the control and fear by amendments in the Budget Act. Revised batterer. Although an applicant is not a dynamics inherent in domestic violence, substantial connection guidance will be qualified alien eligible for benefits until the some applicants will lack the best evidence issued shortly. In the meantime, benefit battered applicant or child, or parent ceases to support their allegations (e.g., a civil providers should look to the information residing with the batterer, applicants will protection order or a police report). Thus, the contained in this document for guidance in generally need the assurance of the benefit provider will need to be flexible in making substantial connection availability of benefits in order to be able to working with the applicant as he or she determinations. leave their batterer and survive attempts to assemble adequate • Where the benefits are needed to enable independently. Wherever possible in this documentation. In determining the existence the applicant, the applicant’s child, and/or of battery or cruelty, it is important that the situation, the benefit provider should (in the case of an alien child), the applicant’s complete the eligibility determination benefit provider understand both the parent to become self-sufficient following experience of intimate violence and the process and approve the applicant for receipt separation from the abuser; of benefits pending the applicant’s applicant’s cultural context. The dynamics of • Where the benefits are needed to enable demonstration that the applicant, his or her domestic violence may have inhibited the the applicant, the applicant’s child, and/or child, and/or (in the case of an alien child) applicant from seeking public or professional (in the case of an alien child) the applicant’s his or her parent have separated from the responses to the abuse prior to applying for parent to escape the abuser and/or the batterer. The applicant can then make benefits needed to enable the applicant to community in which the abuser lives, or to arrangements to leave the batterer’s residence leave the abuser. For many cultural groups, ensure the safety of the applicant, the secure in the knowledge that benefits will be going to outsiders for help is viewed as applicant’s child, or (in the case of an alien provided as soon as he or she leaves. disloyalty to the community and an child) the applicant’s parent from the abuser; You should consider any relevant credible embarrassment to the family. In some • Where the benefits are needed due to a evidence supporting the claim of non- cultures, for example, women have been loss of financial support resulting from the residency with the batterer, including, but conditioned to accept the authority and applicant’s, his or her child’s, and/or (in the not limited to, any of the following: A civil control of their husbands. Thus, there may be case of an alien child) his or her parent’s protection order requiring the batterer to stay little independent documentary evidence of separation from the abuser; away from the applicant or the applicant’s • the abuse; the benefit provider should be Where the benefits are needed because children or parent, or evicting the batterer sensitive to the needs and situation of the the battery or cruelty, separation from the from the applicant’s residence; employment abused applicant when reviewing allegations abuser, or work absences or lower job records; utility receipts; school records; and evidence of abuse. performance resulting from the battery or hospital or medical records; rental records or Many applicants will have had an I–130 extreme cruelty or from legal proceedings records from a building or property manager; petition filed on their behalf by their spouse relating thereto (including resulting child an affidavit from a staff member at a shelter or parent, in which case the spouse or parent support, child custody, and divorce actions) for battered women or homeless persons, will have ultimate control over the cause the applicant, the applicant’s child, family members, friends or other third parties disposition of the petition. If the spouse or and/or (in the case of an alien child) the with personal knowledge, or from the parent is the abuser, he or she can nullify the applicant’s parent to lose his or her job or to battered applicant himself or herself; or any petition either by withdrawing it or by earn less or to require the applicant, the other records establishing that the applicant divorcing the alien before the alien is able to applicant’s child, and/or (in the case of an or his or her child or parent no longer resides obtain a green card. For these reasons, and alien child) the applicant’s parent to leave with the abusive spouse, parent, or family because a self-petitioning applicant may be his or her job for safety reasons; member. able to obtain employment authorization, an • Where the benefits are needed because Note: While qualified alien status will alien who is eligible to self-petition (the alien the applicant, the applicant’s child, or (in the make the battered applicant, the battered must be married to the abuser when the case of an alien child) the applicant’s parent applicant’s children, or the parent of a petition is filed) should be strongly requires medical attention or mental health battered child eligible for certain federal encouraged to do so. The applicant should counseling, or has become disabled, as a public benefits, it will not make them eligible also be directed to the INS forms request line result of the battery or extreme cruelty; • for all federal public benefits. See Interim and the National Domestic Violence Hotline Where the benefits are needed because Guidance and Attachments 6 and 7 thereto as set forth on page one. the loss of a dwelling or source of income or for the factors that determine a qualified Requirement 3: Substantial Connection fear of the abuser following separation from alien’s eligibility for particular benefits. Between Battery and the Need for Benefits. the abuser jeopardizes the applicant’s or (in You must determine whether there is a the case of an alien child) the parent’s ability II. EXEMPTION FROM DEEMING substantial connection between the battery or to care for his or her children (e.g., inability REQUIREMENTS extreme cruelty to which the applicant, his to house, feed, or clothe children or to put A. Battered Aliens or her child, or (in the case of an alien child) children into a day care for fear of being Section 421 of the Act (as amended by the his or her parent has been subjected and the found by the abuser); Immigration Act and the Budget Act) requires Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61371 that, upon the effective date of the newly if the spouse or parent consents to or the deeming requirements with regard to the required affidavit of support and subject to acquiesces in such battery or cruelty, and the resources and income of the batterer only, if the exceptions described below, when alien did not actively participate in the (a) the applicant demonstrates that the determining eligibility for federal means- battery or cruelty; (b) there is, in the opinion battery or cruelty has been recognized in an tested public benefits and the amount of such of the agency providing such benefits, a order of a judge or administrative law judge benefits to which an alien applicant is substantial connection between the battery or or a prior determination of the INS, and (b) entitled, agencies must include as income extreme cruelty and the need for the benefit and resources of the alien, the income and sought; and (c) the battered child no longer in the opinion of the agency, there is a resources of the spouse of the alien and any resides in the same household as the abuser; substantial connection between the abuse or other person executing an affidavit of support (3) in the case of an alien child whose battery suffered by the applicant, the on behalf of the alien. An alien is exempt parent is abused: applicant’s child, or (in the case of an alien from these ‘‘deeming’’ requirements for a (a) the alien child’s parent has been child) the applicant’s parent and the need for period of one year, however, if battered or subjected to extreme cruelty in the benefit sought. (1) in the case of an abused alien, the United States by the parent’s spouse, or B. Indigent Aliens (a) the alien has been battered or subjected by a member of the spouse’s family residing In addition to the exemption for battered to extreme cruelty in the United States by a in the same household as the parent if the aliens, the Act’s deeming provision contains spouse or parent of the alien, or by a member spouse consents to or acquiesces in such a separate exemption for indigent aliens. If, of the spouse or parent’s family residing in battery or cruelty; (b) there is, in the opinion after taking into account the alien’s own the same household as the alien if the spouse of the agency providing such benefits, a or parent consents to or acquiesces in such substantial connection between the battery or income plus any cash, food, housing or other battery or cruelty; (b) there is, in the opinion extreme cruelty and the need for the benefit assistance provided by other individuals of the agency providing such benefits, a sought; and (c) the battered parent no longer (including the sponsor), an agency substantial connection between the battery or resides in the same household as the abuser. determines that a sponsored alien would, in extreme cruelty and the need for the benefit See Part I, requirements two and four, the absence of the assistance provided by the sought; and (c) the battered alien no longer above, for the definition and proof of battery/ agency, be unable to obtain food and shelter, resides in the same household as the abuser; extreme cruelty and non-residency with the the amount of income and resources of the (2) in the case of an alien whose child is abuser; the agency may also want to consult sponsor or the sponsor’s spouse that shall be abused: the Attorney General’s guidance regarding attributed to the sponsored alien shall not (a) the alien’s child has been battered or substantial connection (see part I, exceed the amount actually provided for a subjected to extreme cruelty in the United requirement three above) when making its period of one year after the date such agency States by a spouse or parent of the alien, or own substantial connection determination. determination is made. by a member of the spouse or parent’s family After expiration of the one year period, residing in the same household as the alien alien applicants continue to be exempt from BILLING CODE 4410±10±M 61372 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61373 61374 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61375 61376 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61377 61378 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
BILLING CODE 4410±10±C Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61379
Paperwork Reduction Act Notice not required to provide this information completing and reviewing the collection of The information collection requirements unless the form contains a currently valid information. If you have any comments contained in the following two forms have OMB control number. We estimate that it regarding these estimates or any other aspects been approved for use by the Office of will take an average of 20 minutes per of this collection, send them to the Management and Budget under the response to collect this information, Immigration and Naturalization Service, 425 Paperwork Reduction Act. The OMB control including time for reviewing, instruction, I Street, N.W., Room 5304, Washington, D.C. number for these collections is 1115–0219, searching existing data sources, gathering 20536. with the expiration date 5/31/98. Persons are and maintaining data needed, and BILLING CODE 4410±10±M 61380 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61381 61382 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61383
BILLING CODE 4410±10±C 61384 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
EXECUTIVE OFFICE FOR IMMIGRATION REVIEWÐIMMIGRATION COURTS
State/City/App. Code Judges Court administrator Phone Nos.
ARIZONA EloyÐ85231, 1705 E. Hanna Rd., Suite William Lee Abbott, Isabel A. Bronzina, John A. Meehan ...... (520) 466±3671, (520) 366, App. CodeÐ7D05030234. Dean A. Levay, Sean Keenan. 466±7795 (fax). FlorenceÐ85232, 3260 N. Pinal Parkway Lamonte S. Freerks, Scott Jefferies ...... Jack B. Odom ...... (520) 868±3341, (520) Ave., App. CodeÐ7D05030229. 868±4962 (fax). PhoenixÐ85025, Federal Building, Room John W. Richardson, John T. Zastrow ... Jack B. Odom ...... (602) 514±7356, (602) 3114, 230 N. First Avenue, App. 514±7387 (fax). CodeÐ7D05030226. CALIFORNIA ImperialÐ92251, 2409 La Brucherie Michael H. Bennett, Dennis R. James, M. Graciela Sosa ...... (619) 355±0070, (619) Road, App. CodeÐ7D05030222. Richard N. Knuck, Jack W. Staton, 355±8692 (fax). Jack H. Weil. Los AngelesÐ90012, 300 N. Los Angeles Roy J. Daniel, Bruce J. Einhorn, Thom- Evelyn Diaz Brown ...... (213) 894±2811, (213) St., Room 2001, App. CodeÐ as Y.K. Fong, Harry L. Gastley, Gil- 894±5196 (fax). 7A05030223, Mailing Address: P.O. bert T. Gembacz, Nathan W. Gordon, Box 53711, Los Angeles, CA 90053± Ingrid K. Hrycenko, Henry P. Ipema, 0711. Jr., Jan D. Latimore, William J. Martin, Jr., Ronald N. Ohata, Margaret Reichenberg, Jay Segal, Darlene R. Seligman, Stephen L. Sholomson, Eleazar Tovar, Richard D. Walton. Los AngelesÐ90012, Roybal Federal Of- ...... (213) 894±5159, (213) fice Building and Courthouse, 255 E. 894±2632 (fax). Temple Street, Rm. 577, App. CodeÐ 7D05030223. San DiegoÐ92101±7904, 401 West A Anthony Atenaide, Kenneth A. Bagley, Brent L. Perkins ...... (619) 557±6052, (619) Street, Suite 800, App. CodeÐ Robert J. Barrett, Richard J. 557±6405 (fax). 7D05030225. Bartolomei, Jr., Gaylyn Boone, C. Zsa Zsa De Paolo, Ignacio Fernandez Valdes, Joseph Ragusa, John C. Wil- liams. San DiegoÐ92188, 880 Front Street, ...... (619) 557±7647, (619) Room 800, App. CodeÐ7D05030225. 557±7655 (fax). San FranciscoÐ94108, 550 Kearny Lawrence N. DiCostanzo, Alberto E. Stephen P. Perkins ...... (415) 705±4415, (415) Street, Suite 800, App. CodeÐ Gonzalez, Bernard J. Hornbach, Dana 705±4418 (fax). 7D05030224, Mailing Address: P.O. Marks Keener, Carol A. King, Tue Box 2326, San Francisco, CA 94126± Phan Quang, Beverly M. Phillips, 2326. Mimi Y. Schooley, Brian H. Simpson, Bette K. Stockton, Polly A. Webber. San Pedro-90731, INS San Pedro Serv- Rose Collantes Peters, D.D. Sitgraves .. Evelyn Diaz Brown ...... (310) 732±0753, (310) ice Proc. Center, 2001 Seaside Ave- 732±0757 (fax). nue, Room 136, App. CodeÐ 7D05030233. COLORADO DenverÐ80294, Byron G. Rogers Fed. David J. Cordova, James P. Vandello ... Alec Revelle ...... (303) 844±5815, (303) Building, 1961 Stout Street, Room 844±4578 (fax). 1403, App. CodeÐ7D05030220. AuroraÐ80010, Wackenhut Security, Inc., David J. Cordova, James P. Vandello ... Alec Revelle ...... (303) 361±0488, (303) 11901 E. 30th Avenue, App. CodeÐ 361±0688 (fax). 7D05030220. CONNECTICUT Hartford±06103, AA Ribicoff Building and Harriet B. Marple ...... Sandra V. Majia (acting) ...... (860) 240±3919, (860) Courthouse, 459 Main Street, Room 240±3921 (fax). 509, App. CodeÐ7D05030277. FLORIDA BradentonÐ4205, 515 11th Street, West, R. Kevin McHugh ...... George A. Spreyne ...... (941) 749±1044, (941) Building A, Room 300, App. CodeÐ 749±0992 (fax). 7D05030244. MiamiÐ33130, 155 S. Miami Ave., Room Teofilo Chapa, J. Daniel Dowell, Rex J. Michael T. Ringstad ...... (305) 530±6455, (305) 800, App. CodeÐ7D05030217. Ford, Mahlon F. Hanson, Michael C. 530±7001 (fax). Horn, Denise Marks Lane, Stephen E. Mander, Nancy R. McCormack, Pedro A. Miranda, Philip J. Montante, Jr., Anthony J. Randall, Charles J. Sand- ers, Ira Sandron, Denise N. Slavin, Bruce W. Solow, Ronald G. Sonom, Elisa M. Sukkar, Lilliana Torreh- Bayouth, Ketih C. Williams. Miami Federal Building, 51 S.W. First Suzan C. Brauwerman Seymour R...... (305), 530±6451, No fax. Ave., Room 224, Miami, FL 33130. Kleinfeld, Roberto Moreno, William K. Zimmer,. Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61385
EXECUTIVE OFFICE FOR IMMIGRATION REVIEWÐIMMIGRATION COURTSÐContinued
State/City/App. Code Judges Court administrator Phone Nos.
MiamiÐ33194, Krome North Processing Neal S. Foster, Kenneth S. Hurewitz ..... George A. Spreyne ...... (305) 530±7196, (305) Center, 18201 S.W. 12th Street, App. 530±7040 (fax). CodeÐ7D05030231. GEORGIA AtlantaÐ30303, 101 Marietta Street, William A. Cassidy, G. Mackenzie Rast John J. Topp ...... (404) 331±7647, (404) Suite 2702, App. CodeÐ7D05030228. 331±4555 (fax). ILLINOIS ChicagoÐ60605±1521, Federal Building, O. John Brahos, Carlos Cuevas, James Peter P. Pauli, IV ...... (312) 353±7313, (312) Room 646, 536 S. Clark Street, App. R. Fujimoto, Anthony D. Petrone, Jr., 353±9894 (fax). CodeÐ7D05030218. Renetta Smith, Robert D. Vinikoor, Craig M. Zerbe. LOUISIANA New OrleansÐ70130, One Canal Place, Jeffrey Zlatow ...... Lizbeth L. Wilson ...... (504) 589±3992, (504) 365 Canal Street, Suite 2450. 589±3990 (fax). OakdaleÐ71463, 1900 E. Whatley Road, John A. Duck, Jr., Charles A. Wiegand, Lizbeth L. Wilson ...... (318) 335±0365, (318) App. CodeÐ7D05030230. Mailing Ad- III. 335±3187 (fax). dress: P.O. Box 750, Oakdale, LA 71463. MARYLAND BaltimoreÐ21202, U.S. Appraisers Build- Bruce M. Barrett, Lisa Dornell, John F. Brenda L. Cook ...... (410) 962±3092, (410) ing, 103 S. Gay Street, Room 702, Gossart, Jr., William P. Greene, Jr.. 962±9021 (fax). App. CodeÐ7D05030201. MASSACHUSETTS BostonÐ02203, JFK Federal Building, 15 Billino W. D'Ambrosio, Eliza C. Klein, Sandra V. Mejia (acting) ...... (617) 565±3080, (617) New Sudbury St., Room 320, App. Thomas M. Ragno, Leonard I. Sha- 565±4495 (fax). CodeÐ7D05030202. piro, Patricia M.B. Sheppard. MICHIGAN DetroitÐ48207, Brewery Park II, 1155 Elizabeth Hacker ...... Sandra Roberts ...... (313) 226±2603, (313) Brewery Park Blvd., Suite 450, App. 226±3053 (fax). CodeÐ7D05030219. NEVADA Las VegasÐ79101, Alan Bible Federal Irene Weiss ...... Jack B. Odom ...... (702) 388±5837, (702) Building, 600 Las Vegas Blvd. South, 388±5844 (fax). Room 410, App. CodeÐ7A05030240. NEW JERSEY ElizabethÐ625 Evans St., Rm. 148A, Esmeralda Cabrera ...... Fletcher Graves ...... (201) 693±4113, (201) App. CodeÐ7D05030236. 645±4121 (fax). NewarkÐ07102, 970 Broad Street, Room Henry S. Dogin, Annie Sue Garcy, Ni- Star B. Pacitto ...... (201) 645±3524, (201) 1135, App. CodeÐ7D05030204. cole Yae Kyoung Kim, Daniel A. 645±3432 (fax). Meisner, Eugene Pugliese, Alberto Riefkohl, William Strasser. NEW YORK BuffaloÐ14202, 130 Delaware Ave., Walter A. Durling, Jr., Mchaelangelo Gary M. Somerville ...... (716) 551±3442, (716) Suite 410 App. CodeÐ7D05030203. Rocco. 551±3452 (fax). FishkillÐ12524, c/o Downstate Correc- Mitchell Levinksky ...... Thomas J. Bonita, III ...... (914) 831±3657, (914) tional Facility, Red Schoolhouse Road, 831±5452 (fax). App. CodeÐ7D05030206. NapanochÐ12458, Ulster Correctional Joe D. Miller ...... Thomas J. Bonita, III ...... (914) 647Ð5506, (914) Facility, Berne Road, App. CodeÐ 647±5641 (fax). 7D05030235. New YorkÐ10278, 26 Federal Plaza, Matthew T. Adrian, Terry A. Bain, Jo- John D. Hannah, Jr...... (212) 264,5958, (202) Room 10±1000, App. CodeÐ anna M. Bukszpan, Sarah M. Burr, 264±1070 (fax). 7D5030205. Jeffrey Chase, George T. Chew, An- nette S. Elstein, Noel Anne Ferris, Victoria Ghartey, Sandy K. Hom, Charles M. Honeyman, William F. Jankun, Elizabeth A. Lamb, Margaret McManus, Philip L. Morace, Barabara A. Nelson, Patricia A. Rohan, John K. Speer, Jr., Mirlande Tadal, Gabriel C. Videla, Robert D. Weisel, Phillip T. Williams, Jeffrey Chase. New YorkÐ10014, 201 Varick Street, Donn L. Livingston, Alan L. Page, Alan Thomas J. Bonita, III ...... (212) 620±6279, (212) Room 1140, App. CodeÐ7D05030232.. A. Vomacka. 620±6357 (fax). PENNSYLVANIA PhiladelphiaÐ19103, 1600 Callowhill Donald V. Ferlise, Craig DeBernardis .... R. Elliott Edwards ...... (215) 656±7000, (215) Street, Suite 400, App. CodeÐ 656±7013 (fax). 7D05030207. YorkÐ17402, 3434 Concord Road, App. William Van Wyke ...... Brenda L. Cook ...... (717) 755±7555, (717) CodeÐ7D05030209. 757±0132 (fax). 61386 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
EXECUTIVE OFFICE FOR IMMIGRATION REVIEWÐIMMIGRATION COURTSÐContinued
State/City/App. Code Judges Court administrator Phone Nos.
PUERTO RICO Guaynabo (San Juan)Ð00965, GSA Rafael B. Ortiz-Segura ...... George A. Spreyne ...... (787) 749±4386, (787) Center, 651 Federal Drive, Suite 111± 749±4393 (fax). 14, App. CodeÐ7D05030208. TEXAS DallasÐ75202, 1200 Main Street, Suite Edwin R. Hughes, D. Anthony Rogers, Barbara T. Baker ...... (214) 767±1814, (214) 700, App. CodeÐ7D05030211. Cary Copeland. 767±6410 (fax). El PasoÐ79925, 1545 Hawkins Boule- Gary D. Burkholder, Penny M. Smith, Theresa N. Baeza ...... (915) 540±1910, (915) vard, Suite 205, App. CodeÐ Bertha A. Zuniga. 540±1922 (fax). 7D05030212. El PasoÐ79925, El Paso Service Proc- Visiting IJ ...... Theresa N. Baeza ...... (915) 540±7854, No fax. essing Center, 8915 Montana Avenue, App. CodeÐ7D05030212. HarlingenÐ78550, 201 E. Jackson Howard E. Achtsam, David Ayala, Mar- Celeste Garza ...... (210)427±8580, (210) Street, App. CodeÐ7D05030213. garet D. Burkhart, M. Edwin 427±8905 (fax). Prudhomme. Los FresnosÐ78566, Port Isabel Proc- Visiting IJ ...... Celeste Garza ...... (210) 233±4467, (210) essing Center, Route 3, Box 341, 233±5318 (fax). Building 37, App. CodeÐ7D05030213. Mailing Address: 201 E. Jackson St., Harlingen, TX 78550. HoustonÐ77004, 2320 La Branch Street, Robert Brown, Clarease M. Rankin, Mi- Dina P. Sherman ...... (713) 718±3870, (713) Room 2235, App. CodeÐ7D05030214. chael K. Suarez, Joseph Vail. 718±3879 (fax). HoustonÐ77032, Houston Service Proc- Susan L. Yarbrough ...... Dina P. Sherman ...... (713) 987±0290, (713) essing Center, 15850 Export Plaza 987±3142 (fax). Drive, App. CodeÐ7D05030214. HuntsvilleÐ77340, Goree INS Facility, Jimmie L. Benton ...... Dina P. Sherman ...... (409) 295±1353, (409) 30000A Highway 75 South, App. 295±6510 (fax). CodeÐ7D05030232. Mailing Address: P.O. Box 1538, Huntsville, TX 77342± 1538. LaredoÐ78041, 4702 E. Saunders, App. Visiting IJ ...... J. Thomas Davis ...... (210) 727±4772, (210) CodeÐ7D05030215. Mailing Address: 726±2320 (fax). Laredo Service Processing Center, P.O. Box 440110, Laredo, TX 78044± 0110. San Antonio-78205-2040, 615 E. Houston Richard F. Brodsky, Susan E. Conley- J. Thomas Davis ...... (210) 472±6637, (210) Street, Room 598, App. Code- Castro, Glenn P. McPhaul. 472±4282 (fax). 7D05030215. VIRGINIA Arlington-22203, 901 N. Stuart St., Suite John M. Bryant, Joan V. Churchill, Beverly Swihart Holmes ...... (703) 235±2307, (703) 1300, App. Code-7D05030210. Christopher M. Grant, Wayne R. 235±2372 (fax). Iskra, Paul A. Nejelski. WASHINGTON Seattle-98104, Key Tower Building, 1000 Anna Ho, Kenneth Josephson, Kendall Joseph Neifert ...... (206) 553±5953, (206) Second Avenue, Suite 2500, App. B. Warrem. 553±0622 (fax). Code-7D05030221. Seattle-98134, Seattle Det. Center, c/o Anna Ho, Kenneth Josephson, Kendall Joseph Neifert ...... call Seattle office: (206) U.S. INS, 815 Airport Way, App. Code- B. Warren. 553±5953, (206) 553± 7D05030221. 0622 (fax).
BILLING CODE 4310±GG±M Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61387
BILLING CODE 4410±10±M 61388 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
• Please save this notice for your However, if you write us, please enclose A person is not guaranteed issuance records. Please enclose a copy if you a copy of this notice with your letter. of a visa or a grant of adjustment simply have to write us or a U.S. Consulate because this petition is approved. Those about this case, or if you file another Approval of Nonimmigrant Petition processes look at additional criteria. application based on this decision. Approval of a nonimmigrant petition If this notice indicates we have • You will be notified separately means that the person for whom it was approved the immigrant petition you about any other applications or petitions filed has been found eligible for the filed, and have forwarded it to the you have filed. requested classification. If this notice Department of State Immigrant Visa Processing Center, that office will indicated we are notifying a U.S. Additional Information contact the person you filed the petition Consulate about the approval for the General for directly with information about visa purpose of visa issuance, and you or the issuance. person you filed for have questions The filing of an application or petition In addition to the information on the does not in itself allow a person to enter about visa issuance, please contact the reverse of this notice, the instructions the United States and does not confer appropriate U.S. Consulate directly. for the petition you filed provide any other right or benefit. Approval of an Immigrant Petition additional information about processing Inquiries after approval of the petition. Approval of an immigrant petition For more information about whether a You should contact the office listed does not convey any right or status. The person who is already in the U.S. can on the reverse of this notice if you have approved petition simply establishes a apply for adjustment of status, please questions about the notice, or questions basis upon which the person you filed see Form I–485, Application to Register about the status of your application or for can apply for an immigrant or Permanent Residence or Adjust Status. petition. We recommend you call. fiance(e) visa or for adjustment of status. BILLING CODE 4410±10±M Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61389
BILLING CODE 4410±10±M 61390 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
• Please save this notice for your However, if you write us, please enclose A person is not guaranteed issuance records. Please enclose a copy if you a copy of this notice with your letter. of a visa or a grant of adjustment simply have to write us or a U.S. Consulate because this petition is approved. Those about this case, or if you file another Approval of Nonimmigrant Petition processes look at additional criteria. application based on this decision. Approval of a nonimmigrant petition If this notice indicates we have • You will be notified separately means that the person for whom it was approved the immigrant petition you about any other applications or petitions filed has been found eligible for the filed, and have forwarded it to the you have filed. requested classification. If this notice Department of State Immigrant Visa Processing Center, that office will indicated we are notifying a U.S. Additional Information contact the person you filed the petition Consulate about the approval for the General for directly with information about visa purpose of visa issuance, and you or the issuance. person you filed for have questions The filing of an application or petition In addition to the information on the does not in itself allow a person to enter about visa issuance, please contact the reverse of this notice, the instructions the United States and does not confer appropriate U.S. Consulate directly. for the petition you filed provide any other right or benefit. Approval of an Immigrant Petition additional information about processing Inquiries after approval of the petition. Approval of an immigrant petition For more information about whether a You should contact the office listed does not convey any right or status. The person who is already in the U.S. can on the reverse of this notice if you have approved petition simply establishes a apply for adjustment of status, please questions about the notice, or questions basis upon which the person you filed see Form I–485, Application to Register about the status of your application or for can apply for an immigrant or Permanent Residence or Adjust Status. petition. We recommend you call. fiance(e) visa or for adjustment of status. BILLING CODE 4410±10±M Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61391
BILLING CODE 4410±10±M 61392 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
• Please save this notice for your However, if you write us, please enclose A person is not guaranteed issuance records. Please enclose a copy if you a copy of this notice with your letter. of a visa or a grant of adjustment simply have to write us or a U.S. Consulate because this petition is approved. Those about this case, or if you file another Approval of Nonimmigrant Petition processes look at additional criteria. application based on this decision. Approval of a nonimmigrant petition If this notice indicates we have • You will be notified separately means that the person for whom it was approved the immigrant petition you about any other applications or petitions filed has been found eligible for the filed, and have forwarded it to the you have filed. requested classification. If this notice Department of State Immigrant Visa Processing Center, that office will indicated we are notifying a U.S. Additional Information contact the person you filed the petition Consulate about the approval for the General for directly with information about visa purpose of visa issuance, and you or the issuance. person you filed for have questions The filing of an application or petition In addition to the information on the does not in itself allow a person to enter about visa issuance, please contact the reverse of this notice, the instructions the United States and does not confer appropriate U.S. Consulate directly. for the petition you filed provide any other right or benefit. Approval of an Immigrant Petition additional information about processing Inquiries after approval of the petition. Approval of an immigrant petition For more information about whether a You should contact the office listed does not convey any right or status. The person who is already in the U.S. can on the reverse of this notice if you have approved petition simply establishes a apply for adjustment of status, please questions about the notice, or questions basis upon which the person you filed see Form I–485, Application to Register about the status of your application or for can apply for an immigrant or Permanent Residence or Adjust Status. petition. We recommend you call. fiance(e) visa or for adjustment of status. BILLING CODE 4410±10±M Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61393
BILLING CODE 4410±10±M 61394 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
• Please save this notice for your However, if you write us, please enclose A person is not guaranteed issuance records. Please enclose a copy if you a copy of this notice with your letter. of a visa or a grant of adjustment simply have to write us or a U.S. Consulate because this petition is approved. Those about this case, or if you file another Approval of Nonimmigrant Petition processes look at additional criteria. application based on this decision. Approval of a nonimmigrant petition If this notice indicates we have • You will be notified separately means that the person for whom it was approved the immigrant petition you about any other applications or petitions filed has been found eligible for the filed, and have forwarded it to the you have filed. requested classification. If this notice Department of State Immigrant Visa Processing Center, that office will indicated we are notifying a U.S. Additional Information contact the person you filed the petition Consulate about the approval for the General for directly with information about visa purpose of visa issuance, and you or the issuance. person you filed for have questions The filing of an application or petition In addition to the information on the does not in itself allow a person to enter about visa issuance, please contact the reverse of this notice, the instructions the United States and does not confer appropriate U.S. Consulate directly. for the petition you filed provide any other right or benefit. Approval of an Immigrant Petition additional information about processing Inquiries after approval of the petition. Approval of an immigrant petition For more information about whether a You should contact the office listed does not convey any right or status. The person who is already in the U.S. can on the reverse of this notice if you have approved petition simply establishes a apply for adjustment of status, please questions about the notice, or questions basis upon which the person you filed see Form I–485, Application to Register about the status of your application or for can apply for an immigrant or Permanent Residence or Adjust Status. petition. We recommend you call. fiance(e) visa or for adjustment of status. BILLING CODE 441±10±M Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61395
BILLING CODE 4410±10±M 61396 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
DISTRICT CODES DISTRICT CODESÐContinued DISTRICT CODESÐContinued
Districts±36 Org type Districts±36 Org type Districts±36 Org type
2ÐBoston, MA ...... DAF BOS *Rooseveltown, NY ...... A RSV DISTRICT 26ÐAtlanta, GA 3ÐNew York, NY ...... DAF NYC Albany, NY ...... SAF ALB Charleston, SC ...... SA CHL 4ÐPhiladelphia, PA ...... DAF PHI Champlain, NY ...... SA CHM Charlotte, NC ...... SF CLT 5ÐBaltimore, MD ...... DAF BAL Chateauguay, NY ...... SA CHT *Greer, SC ...... SA GRR 6ÐMiami, FL ...... DAF MIA Fort Covington, NY ...... SA FTC Mobile, AL ...... SA MOB 7ÐBuffalo, NY ...... DAF BUF *Lewiston, NY ...... A LEW *Raleigh-Durham, NC ...... SA RDU 8ÐDetroit, MI ...... DAF DET Massena, NY ...... SA MAS Savannah, GA ...... SA SAV 9ÐChicago, IL ...... DAF CHI Mooers, NY ...... SA MOO Wilmington, NC ...... SA WIL 10ÐSt. Paul, MN ...... DAF SPM Niagara Falls, NY ...... SA NIA DISTRICT 27ÐSan Juan, PR 11ÐKansas City, MO ...... DF KAN Ogdensburg, NY ...... SA OGD Aguadilla Proc. Ctr...... P AGC 12ÐSeattle, WA ...... DAF SEA Peace Bridge, NY ...... SA PBB Charlotte Amalie, St. Thomas, SA CHA 13ÐSan Francisco, CA ...... DAF SFR Rouses Point, NY ...... SA ROU VI. 14ÐSan Antonio, TX ...... DAF SNA DISTRICT 8ÐDetroit, MI Christiansted, St. Croix, VI ..... SA CHR 15ÐEl Paso, TX ...... DAF ELP Algonac, MI ...... SA AGN Cruz, Bay, St. John, VI ...... SA CRU 16ÐLos Angeles, CA ...... DAF LOS Marine City, MI ...... SA MRC Mayaguez, PR ...... A MAY 17ÐHonolulu, HI ...... DAF HHW Port Huron, MI ...... SA PHU Ponce, PR ...... SA PON 18ÐPhoenix, AZ ...... DAF PHO Roberts Landing, MI ...... SA RBT DISTRICT 28ÐNew Orleans, 19ÐDenver, CO ...... DAF DEN Sault Ste. Marie, MI ...... SA SSM LA 20ÐDallas, TX ...... DAF DAL *Detroit Michigan Bridge, MI .. A DCB *Baton Rouge, LA ...... A BTN 21ÐNewark, NJ ...... DAF NEW *Detroit Michigan Tunnel, MI A DCT *Gulfport, MS ...... A GUL 22ÐPortland, ME ...... DAF POM DISTRICT 21ÐNewark, NJ *Lake Charles, LA ...... A LKC 24ÐCleveland, OH ...... DAF CLE *Camden, NJ ...... A CNJ Louisville, KY ...... S LOU 25ÐWashington, DC ...... DAF WAS McGuire AFB, NJ ...... A MAG Memphis, TN ...... SF MEM 26ÐAtlanta, GA ...... DAF ATL Alburg, VT ...... SA ABG *Nashville, TN ...... A NSV 27ÐSan Juan, PR ...... DAF SAJ Alburg Springs, VT ...... SA ABS *Oakdale, LA ...... P OAK 28ÐNew Orleans, LA ...... DAF NOL Bangor, ME ...... SA BGM CENTRAL REGION: 29ÐOmaha, NE ...... DF OMA Beebe Plains, VT ...... SA BEB DISTRICT 9ÐChicago, IL 30ÐHelena, MT ...... DF HEL Beecher Falls, VT ...... SA BEE Milwaukee, WI ...... SAF MIL 31ÐPortland, OR ...... DAF POO Bridgewater, ME ...... SA BWM *Indianapolis, IN ...... S INP 32ÐAnchorage, AK ...... DAF ANC *Burlington, VT ...... A BRG DISTRICT 10ÐSt. Paul, MN 33ÐBangkok, Thailand ...... OD BKK Calais, ME ...... SA CLS Baudette, MN ...... SA BAU 35ÐMexico City, MX ...... OD MEX *Eastport, ME ...... A EPM Duluth, MN ...... SA DUL 37ÐRome, Italy ...... OD RIT Canann, VT ...... SA CNA Grand Portage, MN ...... SA GPM 38ÐHouston, TX ...... DAF HOU Coburn Gore, ME ...... SA COB International Falls, MN ...... SA INT 39ÐSan Diego, CA ...... DAF SND Derby Line, VT ...... SA DER Lancaster, MN ...... SA LAN 40ÐHarlingen, TX ...... DAF HLG *Derby Line RT5 POE ...... P DVL Noyes, MN ...... SA NOY EASTERN REGION: East Richford, VT ...... SA ERC *Pembina, ND ...... A PEM DISTRICT 2ÐBOSTON, MA Fort Fairfield, ME ...... SA FTF Pine Creek, MN ...... SA PIN Providence, RI ...... SAF PRO Fort Kent, ME ...... SA FTK Roseau, MN ...... SA ROS *Hartford, CT ...... SAF HAR *Eastcourt, ME ...... A EST Warroad, MN ...... SA WAR *Lebanon, MA ...... A LEB *St. Pampile, ME ...... A SPA Ambrose, ND ...... SA AMB Boston Proc. Ctr ...... P BPC Hamlin, ME ...... SA HML Antler, ND ...... SA ANT DISTRICT 3ÐNew York, NY Highgate Springs, VT ...... SA HIG Carbury, ND ...... SA CRY *NY Seaport combined w/ U NYS Houlton, ME ...... A HTM Dunseith, ND ...... SA DNS quarantine unit, NY. *Easton, ME ...... A EAS Fargo, ND ...... SA FAR JFK Airport, NY ...... A ZJK *Forest City, ME ...... A FOR Fortuna, ND ...... SA FRT Hamilton, Bermuda ...... I HAM *Monticello, ME ...... A MTC Minot, ND ...... A MND Varick Proc. Ctr ...... P VRK *Orient, ME ...... A ORI Hannah, ND ...... SA HNN *Brookland Proc. Ctr ...... P BKN Jackman, ME ...... SA JKM Hansboro, ND ...... SA HNS DISTRICT 4ÐPhiladelphia, *St. Aurelie ...... SA SRL Maida, ND ...... SA MAI PA Limestone, ME ...... SA LIM Neche, ND ...... SA NEC *Altoona, PA ...... U ALT Lubec, ME ...... SA LUB Noonan, ND ...... SA NOO Pittsburgh, PA ...... SF PIT Madawaska, ME ...... SA MAD Northgate, ND ...... SA NRG *Dover AFB, DL ...... A DVD *Morses Line, VT ...... A MOR Portal, ND ...... SA POR DISTRICT 5ÐBaltimore, MD North Troy, VT ...... SA NRT St. John, ND ...... SA SJO DISTRICT 6ÐMiami, FL Norton, VT ...... SA NRN Sarles, ND ...... SA SAR Jacksonville, FL ...... SA JAC Pinnacle Rd., VT ...... A PIV Sherwood, ND ...... SA SHR Key West, FL ...... SA KEY *Pittsburgh, NH ...... A PNH Walhalla, ND ...... SA WAL Port Everglades, FL ...... SA PEV Richford, VT ...... SA RIF Westhope, ND ...... SA WHO *Port Canaveral, FL ...... A PCF *St. Albans, VT ...... SA STA Wilton, ND ...... A WND Tampa, FL ...... SA TAM Van Buren, ME ...... SA VNB DISTRICT 11ÐKansas CITY, West Palm Beach, FL ...... SA WPB Vancboro, ME ...... SA VCB MO Orlando Airport, FL ...... A ORL West Berkshire, VT ...... SA WBE St. Louis, MO ...... SF STL Krome Proc. Ctr ...... P KRO DISTRICT 24ÐCleveland, OH DISTRICT 14ÐSan Antonio, Fort Pierce, FL ...... A FTP Cincinnati, OH ...... SAF CIN TX Jacksonville Seaport, FL ...... U JAS Sandusky, OH ...... SA SDY Austin, TX ...... SA AUS Miami Seaport, FL ...... U MSE Toledo, OH ...... SA TOL Amistad Dam, TX ...... A ADT *Panama City, FL ...... A PAN Columbus, OH ...... A CLM *Corpus Christi, TX ...... SA CRP *Sanford, FL ...... A SFB DISTRICT 25ÐWashington, Del Rio, TX ...... SA DLR DISTRICT 7ÐBuffalo, NY D.C. Eagle Pass, TX ...... SA EGP Thousand Island Bridge, NY .. SA THO Norfolk, VA Laredo, TX ...... SA LAR Trout River, NY ...... SA TRO Norfolk Seaport, VA ...... U NOS Juarez-Lincoln Bridge, TX ...... A LLB Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61397
DISTRICT CODESÐContinued DISTRICT CODESÐContinued DISTRICT CODESÐContinued
Districts±36 Org type Districts±36 Org type Districts±36 Org type
Laredo Proc. Ctr...... P LRD Scobey, MT ...... SA SCO *Reno, NV ...... SF REN Laredo Columbia Bridge, TX A LCB Sweetgrass, MT ...... SA SWE *Mariposa, AZ ...... A MAP DISTRICT 15ÐEl Paso, TX Turner, MT ...... SA TUR *Eloy Proc. Cr., AZ ...... P EAZ Columbus, NM ...... SA COL Whitetail, MT ...... SA WHI DISTRICT 31ÐPortland, OR Fabens, TX ...... SA FAB Wild Horse, MT ...... SA WHM Astoria, AK ...... SA AST Presidio, TX ...... SA PRE Willow Creek, MT ...... SA WCM Coos Bay, OR ...... A COO *Port of El Paso ...... A POE Missoula, MT ...... SA MIS New Port, OR ...... P NPT *Paso del Norte Bridge, TX ... A PDN DISTRICT 38ÐHouston, TX *Bridge of the Americas, TX .. A BOA Galveston, TX ...... SA GAL DISTRICT 32ÐAnchorage, *Ysleta, TX ...... SA YSL Port Arthur, TX ...... SA PAR AK Santa Teresa, NM ...... A STR DISTRICT 40ÐHarlington, TX Alcan, AK ...... SA ALC Albuquerque, NM ...... S ABQ *Brownsville, TX ...... A BRO Dalton Cache, AK ...... SA DAC El Paso Processing Center, P EPC *Brownsville/Gateway, Bridge, A BRO Ketchikan, AK ...... SA KET TX. TX. Skagway, AK ...... A SKA *Fort Hanock, TX ...... P FTH *Brownsville Matamoros A BBM *Dutch Harbor, AK ...... A DTH DISTRICT 19ÐDenver, CO Bridge, TX. Poker Creek, AK ...... A PKC Salt Lake City, UT ...... SAF SLC Falcon Heights, TX ...... SA FAL Nome, AK ...... A NOM DISTRICT 20ÐDallas, TX Hidalgo, TX ...... SA HID Fairbanks, AK ...... A FRB Oklahoma City, OK ...... SF OKC Los Ebanos, TX ...... SA LSE DISTRICT 39ÐSan Diego DISTRICT 29ÐOmaha, NE ... OMA *Los Indios, TX ...... A LOI Andrade, CA ...... SA AND DISTRICT 30ÐHelena, MT ... HEL Port Isabel Proc. Ctr...... P PIC Calexico, CA ...... SA CAL Boise, ID ...... S BOI Progresso, TX ...... SA PGR Calexico East Port ...... P IVP Chief Mountain, MT ...... A CHF Rio Grande, TX ...... SA RIO El Centro Proc. Ctr., CA ...... P ECC Del Bonita, MT ...... A DLB Roma, TX ...... SA ROM Great Falls, MT ...... A GRE Pharr, TX ...... SA PHR *San Diego Port-of-Entry, CA A SDP Morgan, MT ...... SA MGM Nogales, AZ ...... SA NOG *Otay Mesa, CA ...... A OTM Opheim, MT ...... SA OPH Sasabe, AZ ...... SA SAS *San Ysidro, CA ...... SA SYS Piegan, MT ...... SA PIE San Luis, AZ ...... SA SLU *Tecata, CA ...... SA TEC Raymond, MT ...... SA RAY Tucson, AZ ...... S TUC Roosville, MT ...... SA ROO *Las Vegas, NV ...... SF LVG BILLING CODE 4410±10±M 61398 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61399 61400 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61401 61402 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61403 61404 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61405 61406 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61407 61408 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61409
BILLING CODE 4410±10±M 61410 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
Attachment 6—Interim Guidance— 1979, if the Commissioner of Social • Refugees, for a period of seven years Documentary Evidence for Excepted Security lacks clear and convincing after the date they entered the U.S. as Categories of Aliens Eligible for SSI, evidence that such individuals are refugees; Food Stamps, TANF, Medicaid, and otherwise ineligible under section 402. • Cuban/Haitian entrants, as defined Programs Funded by a Social Services Other categories of aliens remain in section 501(e) of the Refugee Block Grant eligible for SSI for only a limited time Education Assistance Act of 1980, for a Under Section 402 of the Personal period: period of seven years after they obtain • Responsibility and Work Opportunity Asylees, for a period of seven years such status; and • Amerasian immigrants admitted to Reconciliation Act of 1996 (the ‘‘Act’’), after obtaining such status; • the U.S. pursuant to section 584 of the only certain excepted categories of Aliens whose deportation or Foreign Operations, Export Financing, aliens remain eligible for SSI and Food removal has been withheld, for a period and Related Programs Appropriations Stamps. States may also limit eligibility of seven years after obtaining such Act of 1988, for a period of seven years for TANF, Medicaid and programs status; • after their admission. funded by a Social Services Block Grant Refugees, for a period of seven years Also, any alien receiving SSI benefits to certain excepted categories of aliens. after the date they entered the U.S. as retains derivative eligibility for Some of the excepted categories enjoy refugees; Medicaid, regardless of whether he or unqualified exemptions from the • Cuban/Haitian entrants, as defined she is otherwise ineligible for Medicaid restrictions in section 402, while others in section 501(c) of the Refugee under the Act. are exempted for limited time periods. Education Assistance Act of 1980, for a The exceptions for each program, and period of seven years after they obtain C. Food Stamps, TANF, and Social the documents that may be used to such status; and Services Block Grant Programs • Amerasian immigrants admitted to determine eligibility under these With respect to TANF and programs the U.S. pursuant to section 584 of the exceptions, are set forth below. funded by a Social Services Block Grant, Foreign Operations, Export Financing, states have the option of limiting aliens’ Exceptions and Related Programs Appropriations eligibility for such programs. As an Act of 1988, for a period of seven years A. SSI initial matter, then, you should after their admission. Certain categories of aliens are determine whether your State has excepted from the restrictions on SSI B. Medicaid imposed additional eligibility eligibility imposed by Section 402. If an Regardless of whether a State chooses requirements. Even if your State has alien falls within one of the categories to impose additional restrictions on the chosen to impose such restrictions, the listed below, he or she remains eligible eligibility of aliens to receive Medicaid, following categories of aliens would for SSI: the following categories of aliens are remain eligible for Food Stamps, TANF, • Lawfully admitted permanent eligible: and programs funded by a Social resident aliens who have worked or can Services Block Grant, without any time • Lawfully admitted permanent be credited with 40 qualifying quarters limitation: resident aliens who have worked or can (any quarter after December 31, 1996 • Lawfully admitted permanent be credited with 40 qualifying quarters cannot be counted if the alien received resident aliens who have worked or can (any quarter after December 31, 1996 any federal means-tested public benefit be credited with 40 qualifying quarters cannot be counted if the alien received during that quarter); (any quarter after December 31, 1996 any federal means-tested public benefit • Qualified aliens lawfully residing in cannot be counted if the alien received during that quarter); any State who are honorably discharged any federal means-tested public benefit • Qualified aliens lawfully residing in veterans and who fulfill minimum during that quarter); and active-duty service requirements, or any State who are honorably discharged • Qualified aliens lawfully residing in who are on non-training active duty in veterans and who fulfill minimum any State who are honorably discharged the U.S. Armed Forces, or who are the active-duty service requirements, or veterans and who fulfill minimum spouse, unmarried dependent child, or who are on non-training active duty in active-duty service requirements, or unremarried surviving spouse of such a the U.S. Armed Forces, or who are the who are on non-training active duty in veteran or active-duty personnel, spouse, unmarried dependent child, or the U.S. Armed Forces, or who are the provided that, in the latter case, the unremarried surviving spouse of such a spouse, unmarried dependent child, or marriage satisfies the requirements of 38 veteran or active-duty personnel, unremarried surviving spouse of such a U.S.C. 1304 (see DOD/VA Guidance provided that, in the latter case, the veteran or active-duty personnel, attached as Exhibit B hereto); marriage satisfies the requirements of 38 provided that, in the latter case, the • Qualified aliens lawfully residing in U.S.C. 1304 (see DOD/VA Guidance marriage satisfies the requirements of 38 attached as Exhibit B hereto); the United States who were receiving • U.S.C. § 1304 (see DOD/VA Guidance SSI on August 22, 1996; American Indians born in Canada attached as Exhibit B hereto). • Qualified aliens who were lawfully and to whom the provisions of section Time-limited exceptions apply to the residing in the United States on August 289 of the INA apply; and following categories: • 22, 1996, and who are blind or disabled; Members of an Indian tribe (as • Asylees, for a period of five years • American Indians born in Canada defined in section 4(e) of the Indian after obtaining such status; and to whom the provisions of section Self-Determination and Education Act). • Aliens whose deportation of 289 of the INA apply; Time-limited exceptions apply to the removal has been withheld, for a period • Members of an Indian tribe (as following categories: of five years after obtaining such status; defined in section 4(e) of the Indian • Asylees, for a period of seven years • Refugees, for a period of five years Self-Determination and Education after obtaining such status; after the date they entered the U.S. as Assistance Act); or • Aliens whose deportation or refugees; • Qualified aliens receiving SSI removal has been withheld, for a period • Cuban/Haitian entrants, as defined benefits after July 1996 on the basis of of seven years after obtaining such in section 501(e) of the Refugee an application filed before January 1, status; Education Assistant Act of 1980, for a Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61411 period of five years after they obtain verifying the applicant’s status quickly • Refer to DOD/VA Guidance such status; and and accurately. attached as Exhibit B for guidance on • how to verify veteran and active duty Amerasian immigrants admitted to Alien Lawfully Admitted for Permanent status. the U.S. pursuant to section 84 of the Resident (‘‘LPR’’) under the INA Who Foreign Operations, Export Financing, Has Worked or Can Be Credited With 40 Qualified Alien Lawfully Residing in and Related Programs Appropriations Qualifying Quarters or Who is the U.S. Who Was Receiving SSI on Act of 1988, for a period of five years Otherwise Eligible August 22, 1996. after their admission. • Unlike the derivative eligibility LPR: Contact SSA for guidance on • provision for Medicaid, aliens receiving *INS Form I–551 (Alien appropriate documentation. SSI benefits for not entitled to derivative Registration Receipt Card, commonly Qualified Alien Lawfully Residing the known as a ‘‘green card’’); or eligibility for Food Stamps if they are • U.S. on August 22, 1996 Who Is Blind otherwise ineligible for Food Stamp Unexpired temporary I–551 stamp or Disabled in foreign passport or on *INS Form I– benefits under the Act. • 94. Contact SSA for guidance on Documentation of Exceptions 40 Qualifying Quarters: Until you appropriate documentation. The documents listed below have access to SSA’s automated system Qualified Alien Receiving SSI Benefits (examples of which are attached to for verifying qualifying quarters, refer to After July 1996 on the Basis of An Attachment 5 of the Interim Guidance) the SSA Guidance attached as Exhibit A Application Filed Before January 1, establish that an applicant falls within for guidance on how to verify 40 1979: one of the excepted categories of aliens. qualifying quarters. NOTE: Any quarter • after December 31, 1996, cannot be Contact SSA for guidance on Under the INA, all aliens over the age appropriate documentation. of 14 who remain in the United States counted if the alien received any federal for longer than 30 days are required to means-tested public benefit during that American Indians Born in Canada and register with the Immigration and quarter. Covered By Section 289 of the INA LPR Who is Otherwise Eligible: An Naturalization Service (the ‘‘INS’’) and • *INS Form I–551 (Alien LPR who does not have 40 qualifying obtain an alien registration document; Registration Receipt Card, commonly quarters will still be eligible if he or she: all aliens over the age of 18 who receive known as a ‘‘green card’’) with the code • entered the U.S. as a refugee within a registration document are required to S13; the previous five years, was granted carry it with them at all times. With Unexpired temporary I–551 stamp in asylum during the previous five years, certain exceptions (e.g., Canadian Canadian passport or on *INS Form I– or had his or her deportation or removal visitors), aliens entering the U.S. are 94 with the code S13; or withheld within the previous five years: • normally issued a registration document A letter or other tribal document If an applicant attests to having been certifying at least 50 per centum (e.g., an INS Form I–94) at the time of admitted as a refugee within the entry. The documents listed below that American Indian blood, as required by previous five years, review the INA Section 289, combined with a birth are registration documents are indicated applicant’s INS Form I–551 (green card) with an asterisk (‘‘*’’). certificate or other satisfactory evidence for code RE–6, RE–7, RE–8 or RE–9, and of birth in Canada. Each of the documents listed below derive the date of admission from the will demonstrate lawful status, and you date on the card. Members of an Indian Tribe should not require presentation of a If an applicant attests to having been • Membership card or other tribal registration document if the applicant granted asylum or having had document demonstrating membership presents one for the other legally deportation or removal withheld within in a federally-recognized Indian tribe acceptable documents that reasonably the previous five years, file INS Form under section 4(e) of the Indian Self- appears on its face to be genuine and to G–845 and Supplement along with a Determination and Education relate to the person presenting it. copy of the I–551 with the local INS Assistance Act. Contact Soo Song, However, if the document presented is office to verify status. Deputy Director, Office of Tribal Justice, not a registration document and does or United States Department of Justice, • not on its face reasonably appear to be is an honorably discharged veteran (202) 415–8812, for a list of federally- genuine or to relate to the person who fulfilled minimum active-duty recognized tribes under section 4(e). presenting it, it is appropriate to ask the service requirements, or is a person on • If the individual has no document applicant to produce his or her none-training active duty or is the evidencing tribal membership, contact registration document as additional spouse, dependent child, or the tribal government for confirmation evidence of immigration status, so long unremarried surviving spouse of such a of the individual’s membership. Tribal as the request is not made for a person: government contact lists are available discriminatory reason (see Referer to DOD Guidance attached as from Soo Song, Deputy Director, Office Nondiscrimination Advisory, Exhibit B for guidance on how to verify of Tribal Justice, Department of Justice, Attachment 2 to Interim Guidance). such status. (202) 514–8812. Presentation of a registration document listed below that reasonably appears on Qualified Alien Lawfully Residing in Asylee State Who Is an Honorably Discharged its face to be genuine and to relate to the • *INS Form I–94 annotated with Veteran, On Non-Training Active Duty person presenting it (or to satisfy a stamp showing grant of asylum under in the U.S. Armed Forces, or the higher applicable standard) will often § 208 of the INA; obviate the need to verify the Spouse, Unmarried Dependent Child, or • *INS Form I–688B (Employment applicant’s immigration status with the Unremarried Surviving Spouse of Such Authorization Card) annotated INS; if the applicant presents a a Veteran or Active-Duty Personnel ‘‘274a12(a)(5)’’; registration document that does not • Refer to Attachment 5 to the Interim • INS Form I–766 (Employment meet this standard, sending the INS a Guidance for documentation of Authorization Document) annotated copy of the document will assist it in qualified alien status; and ‘‘A5’’; 61412 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
• Grant letter from the Asylum Office Cuban/Haitian Entrants status information you receive back of INS; or • from INS pertains to the applicant • *INS Form I–551 (Alien Order of an immigration judge Registration Receipt Card, commonly whose identity you have verified. Receipt for Replacement Document: If granting asylum. known as a ‘‘green card’’) with the code an applicant presents a receipt Seven or Five-Year Limit: Where CU6, CU7, and CH6; eligibility is limited to asylees who • Unexpired temporary I–551 stamp indicating that he or she has applied to obtained asylee status within the in foreign passport or on *INS Form I– the INS for a replacement document for previous seven or five years, INS Form 94 with the code CU6 or CU7; or one of the documents identified above, I–94, the INS grant letter and the court • INS Form *I–94 with stamp file INS Form G–845 and Supplement, order will each include the date asylee showing parole as ‘‘Cuban/Haitian along with a copy of the receipt and a status was granted; if the applicant Entrant’’ under Section 212(d)(5) of the copy of any expired INS document cannot provide any of these documents, INA. presented, with the local INS office to file INS Form G–845 and Supplement Seven or Five–Year Limit: Where verify status. Upon return receipt of along with a copy of the documents eligibility is limited to aliens who were information from INS, confirm that it indicating asylee status with the local granted status as a Cuban/Haitian pertains to the applicant whose identify INS office to verify the date the status entrant within the previous seven or you have verified. You should ask to see was granted. five years, the date on the INS Form I– the replacement document at a later 551 or the date of inspection on the date. Refugee Applicants with Disabilities and stamp on INS Form I–94 will indicate • Nondiscrimination: If an applicant has a *INS Form I–94 annotated with the date status was granted; if the date disability that limits the applicant’s stamp showing admission under section is missing on Form I–94, file INS Form ability to provide the required evidence 207 of the INA; G–845 and Supplement along with a • of immigration status (e.g., mental INS Form I–688B (Employment copy of the pertinent documents with retardation, amnesia, or other cognitive Authorization Card) annotated the local INS office to verify the date or mental impairment), you should ‘‘274a12(a)(3)’’; status was granted. • *INS Form I–766 (Employment make every effort to assist the Authorization Document) annotated Amerasian Immigrants individual to obtain the required ‘‘A3’’; or • *INS Form I–551 (Alien evidence. In addition, you should not • INS Form I–571 (Refugee Travel Registration Receipt Card, commonly discriminate against applicants on the Document). known as a ‘‘green card’’) with the code basis of race, national origin, gender, Seven or Five-Year Limit: Where AM6, AM7, or AM8; or religion, age or disability. See eligibility is limited to aliens who were • Unexpired temporary I–551 stamp Nondiscrimination Advisory, admitted as refugees within the in foreign passport or on *INS Form I– Attachment 2 to Interim Guidance. Local INS Offices: A list of local INS previous seven or five years, the date of 94 with the code AM1, AM2, or AM3. offices and their addresses is set forth in inspection on the refugee stamp on INS Seven or Five-Year Limit: Where Attachment 1 to the Interim Guidance. Form I–94 will indicate the date of eligibility is limited to aliens who were Attachment 1 also includes a copy of admission as a refugee; if the date is admitted as Amerasian immigrants INS Form G–845 and the Supplement missing or if the applicant cannot within the previous seven or five years, thereto to be used to verify immigration present an I–94, file INS Form G–845 the date on the INS Form I–551 or the status pursuant to the Guidance. and Supplement along with a copy of date of inspection on the stamp on INS the pertinent documents with the local Form I–94 will indicate the date of EXHIBIT A TO ATTACHMENT 6—SSA INS office to verify the date of admission; if the date is missing on GUIDANCE ON CERTIFICATION OF 40 admission as a refugee. Form I–94, file INS Form G–845 and QUALIFYING QUARTERS Supplement along with a copy of the Section 402 of the Personal Responsibility Alien Whose Deportation or Removal pertinent documents with the local INS and Work Opportunity Reconciliation Act of Was Withheld office to verify the date of admission. 1996 (‘‘the Act’’) generally limits the • *INS Form I–688B (Employment Expired or Absent Documentation: If eligibility of legal immigrants for certain Authorization Card) annotated federal public benefits, but sections an applicant presents expired 402(a)(2)(B) and (b)(2)(B) provide an ‘‘274a12(a)(10)’’; documents or is unable to present any • exception for aliens lawfully admitted for INS Form I–766 (Employment documentation evidencing his or her permanent residence who have worked or Authorization Document) annotated immigration status, refer the applicant can be credited with 40 quarters of qualified ‘‘A10’’; or to the local INS office to obtain work. The law provides that the worker’s • Order from an immigration judge documentation of status. In unusual own quarters and quarters worked by a showing deportation withheld under cases involving applicants who are parent while the alien was under age 18 or § 243(h) of the INA as in effect prior to hospitalized or medically disabled, or by a spouse during the marriage if the alien April 1, 1997, or removal withheld remains married to the spouse or the who can otherwise show good cause for marriage ended by the death of the spouse under § 241(b)(3) of the INA. their inability to present documentation, may also be credited to the individual in Seven or Five-Year Limited: Where and for whom securing such determining the number of qualifying eligibility is limited to aliens whose documentation would constitute an quarters. deportation was withheld within the undue hardship, if the applicant can Implementing this requirement will be previous seven or five years, the court provide an alien registration number, challenging for the individual immigrants, order will include the date deportation you may file INS Form G–845 and program administrators, and the Social was withheld; if the applicant does not Supplement, along with the alien Security Administration (‘‘SSA’’), which is the primary source of qualifying quarters present a court order, file INS Form G– registration number and a copy of any information. SSA has developed an 845 and Supplement along with a copy expired INS document presented, with automated system to provide, on an of the pertinent documents with the the local INS office to verify status. As overnight basis, information on qualifying local INS office to verify the date with any documentation of immigration quarters for work covered under the Social deportation was withheld. status, you should confirm that the Security Act and certain, but not all, work Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61413 not covered under the Social Security Act. (If the total equals 10 years or the applicant dividing the individual’s total yearly earned Verification of quarters of coverage for most alleges they commuted to work in the U.S., income by the increment amount for the year applicants and current recipients will be then proceed to question 2.) up to a yearly maximum of four. The amount accomplished primarily through this 2. In how many of the years reported in of earnings needed to earn a credit increases automated system. answer to question 1, did the applicant, the and is different for each year. For 1978 SSA’s automated system is being revised to applicant’s spouse, or the applicant’s parent through 1997, the amount of earnings needed include additional available information on earn money through work. for each credit is: qualifying quarters from noncovered work. (If the state agency/benefit provider or the 1978 ...... $250 The following interim procedures for applicant needs further information about 1979 ...... $260 determining whether the 40 quarters of what constitutes a ‘‘quarter of coverage’’ in 1980 ...... $290 qualified work exception is met should be those years, they may wish to refer to the 1981 ...... $310 followed until you have access to the SSA attached chart.) 1982 ...... $340 automated system. This interim process Verify, from INS documents, the date of 1983 ...... $370 authorizes certification of eligibility pending entry into the country of the applicant, 1984 ...... $390 verification through the automated system. spouse and/or parent. If the dates are 1985 ...... $410 (This guidance does not supersede program consistent with having 10 or more years of 1986 ...... $440 requirements; programs should refer to work, no further documentation is required 1987 ...... $460 statutes, regulations, and agency guidance at this time; the state agency/benefit provider 1988 ...... $470 governing certification of eligibility.) should conclude that the immigrant meets 1989 ...... $500 Under these interim procedures, the the 40 qualifying quarters of work exception 1990 ...... $520 individual’s attestation to 40 quarters is pending verification from SSA. Inform the 1991 ...... $540 sufficient provided the immigrant, alone or applicant (subject to each program’s 1992 ...... $570 in combination with his parents and/or requirements and due process 1993 ...... $590 spouse, has spent sufficient time in this considerations) that he/she may have to 1994 ...... $620 repay any benefits to which he/she is not country to have acquired 40 quarters of 1995 ...... $630 found to be entitled after verification. Keep qualified work. The individual need only 1996 ...... $640 a record of each individual certified pending state that he or she, alone or in combination 1997 ...... $670 verification from SSA. with his or her parents and/or spouse, has A current year quarter may be included in If the dates of entry are inconsistent with met the work requirement. No further the 40 quarter computation. Use the yearly having 10 or more years of work, deny documentation of earnings is required at amount shown in the chart as the divisor to benefits and notify the applicant of his/her application. These interim procedures should determine the number of quarters available right to appeal the denial of benefits. be used when the legal immigrant does not up to a yearly maximum of four. FOLLOW The applicant shall also provide, for qualify under other exemptions of the Act YOUR AGENCY GUIDELINES REGARDING purposes of future verification, the full name, (e.g., refugees, asylees, or deportees with five COUNTING A QUARTER THAT HAS NOT social security number, date of birth, and sex years of limited eligibility, or applicants with ENDED. of each individual (self, parent or spouse) If you need to use quarters before 1978: a claim to eligibility based on military whose work history is relevant to the • service). A credit was earned for each calendar determination of eligibility. In addition, quarter in which an individual was paid $50 Although the automated system is now obtain a release form signed by each such or more in wages (including agricultural available, each state must approve an individual (copy attached) giving SSA wages for 1951–1954); addendum to the current Computer Matching permission to release information concerning • Four credits were earned for each taxable and Privacy Protection Act agreement they that individual’s entire quarters of coverage year in which an individual’s net earnings maintain with SSA before access to the history to the state agency/benefit provider from self-employment were $400 or more; system can be approved. When you sign the and/or the applicant. This form shall be and/or agreement, SSA will provide further retained in the case file to document the • A credit was earned for each $100 (limit guidance defining covered/noncovered individual’s consent. to a total of four) of agricultural wages paid qualifying quarters, how to use the system As noted earlier, these are temporary during the year for years 1955 through 1977. when making determinations, and how to instructions and you should schedule QUALIFYING QUARTER FROM resolve problems arising from discrepancies. verification of all cases processed under NONCOVERED EARNINGS WILL ALSO BE After the agreement addendum is signed these guidelines with SSA. In its response, DETERMINED USING THE ABOVE and access to the system approved, you SSA will provide available information about GUIDELINES. should contact SSA to schedule a quarters of qualifying quarters of work. Consult the SSA EXHIBIT B TO ATTACHMENT 6—DOD coverage verification for each individual you guidelines for using the system if the GUIDANCE ON IMPLEMENTATION OF conclude has met the 40 quarters exemption immigrant believes the information from SSA VETERAN AND ACTIVE DUTY EXCEPTION using these interim instructions. SSA will is inaccurate or incomplete. If SSA action is report back a qualifying quarters of coverage required, SSA will give the individual a This fact sheet provides guidance for history for each individual and applicable document indicating that the number of implementing certain sections of the Personal family member requested. SSA will provide quarters is under review. Refer to the Responsibility and Work Opportunity additional guidance and the name of the requirements of your program to determine Reconciliation Act of 1996 (‘‘the Act’’) contact for scheduling verification. whether an immigrant may receive benefits concerning exemptions for active duty service members and veterans and their Interim Procedures during the period of SSA’s review. family members. The Act limits the eligibility To determine eligibility based on 40 Establishing Qualifying Quarters of certain aliens to receive public benefits. qualifying quarters, the State agency/benefit The term ‘‘quarter’’ means the three Under various provisions of the Act, a provider should ascertain the applicant’s calendar month period ending on March 31, qualified alien who is lawfully residing in a understanding as to the following: June 30, September 30, or December 31 of state and is (1) a veteran (per 38 U.S.C. 1. How many years has the applicant, the any year. 101(2), 107, 1101, or 1301) with an applicant’s spouse (during their marriage if Social Security credits called ‘‘quarters of Honorable Discharge (not on account of they are still married or the marriage ended coverage’’ (‘‘QCs’’) are earned by working at alienage) and who fulfills the minimum by the death of the spouse), or the applicant’s a job or as a self-employed individual. Each active-duty service requirements of 38 U.S.C. parents (before the applicant turned 18) lived earner can be credited with a maximum of 5303A(d); (2) on active duty (other than and/or worked in this country. four quarters each year. active duty for training) in the United States (If the answer to 1 is a total of less than For 1978 and later, credits are based solely Armed Forces; or (3) a spouse, unmarried 10 years, the applicant cannot meet the 40 on the total yearly amount of earnings. All dependent child, or unremarried surviving qualifying quarter requirement. Stop at this types of earnings follow this rule. The spouse of such an individual, is eligible for point.) number of creditable QCs are obtained by particular programs. 61414 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
Honorably Discharged Veterans —that the surviving spouse was married to —the surviving spouse was married to the • A discharge certificate, DD Form 214 or the veteran or active-duty personnel for veteran or active-duty personnel within equivalent, that shows active duty in the one year or more; or fifteen years after the termination of the Army, Navy, Air Force, Marine Corps, or —that a child was born of the relationship period of service in which the injury or between the surviving spouse and the Coast Guard and character of discharge disease causing the death of the veteran veteran or active-duty personnel, either ‘‘Honorable’’ is acceptable to qualify for the was incurred or aggravated; during or before the marriage. —the surviving spouse was married to the veteran exemption without further inquiry, veteran or active-duty personnel for one unless the certificate appears to have been Members on Active Duty year or more; or altered or is otherwise irregular. A discharge • Active duty as a member of the Armed —that a child was born of the relationship certificate that shows character of discharge Forces means the individual is on full time between the surviving spouse and the as anything but ‘‘Honorable’’ is not duty in the U.S. Army, Navy, Air Force, veteran or active-duty personnel, either acceptable for purposes of this exemption Marine Corps, or Coast Guard. It does not during or before the marriage. and need not be referred to the VA. (Note: A include full-time National Guard duty. • The determination as to whether an character of discharge ‘‘Under Honorable • Service members on active duty shall individual is an unmarried legally adopted or Conditions’’ is NOT an ‘‘Honorable’’ establish their status by presenting a current biological dependent child of an honorably discharge for these purposes.) A discharge Military Identification Card (DD Form 2 discharged veteran or active duty member of certificate that shows ‘‘Honorable’’ and any (Active)) that lists an expiration date of more the Armed Forces should be made based on other branch of service or any other type of than one year from the date of determination. your agency guidance. Possession of a duty (e.g., ‘‘Active Duty for Training,’’ • If the Military Identification Card is due Military Identification Card may be ‘‘Inactive Duty for Training,’’ etc.) should be to expire within one year from the date of the considered as evidence that a child is referred to the local VA regional office for determination, the service member shall dependent on the veteran or on the active determination as to veteran status. verify active duty by showing a copy of his duty member of the Armed Forces for his or • If veteran status is claimed but the or her current military orders. If the service her support and is under the age of 18 or if individual has no papers showing service or member is unable to furnish a copy of his or a full time student, under age 22. discharge, refer the inquiry to the local VA her military orders, active duty may be Step 2. Determine that the member is on regional office to determine veteran status. verified through the nearest RAPIDS (Real active duty or is a veteran. • If a discharge certificate, DD Form 214 or Time Automated Personnel Identification • A spouse or child in possession of a equivalent, shows an original enlistment in System) (located at many military Military Identification Card with an the Army, Navy, Air Force, Coast Guard, or installations) or by notifying the following expiration date of more than one year from Maine Corps before September 7, 1980, there office in writing (which can be transmitted the date of its presentation presumptively is no minimum active-duty service by facsimile): DEERS Support Office, ATTN: meets the active duty requirement for his or requirement. If a discharge certificate, DD Research and Analysis, 400 Gigling Road, her spouse or parent respectively. Form 214 or equivalent, shows two or more Seaside, California 93955–6771, Fax Number: • If the Identification Card is due to expire years of continuous active duty in the Army, (408) 655–8317. within one year, the spouse or child must Navy, Air Force, Coast Guard, or Marine Reserve Members (not on active duty for provide a copy of the military orders for his Corps, the individual meets the minimum training) or her spouse or parent as applicable to active-duty service requirement. If such a • establish the active duty status of the service discharge certificate is not available, or if it Active duty for training is temporary member. If married to a reserve member or shows active-duty service of less than two full-time duty in the Armed Forces if an unmarried child of a reserve member, years with an original enlistment after performed by members of the Reserves, Army the orders must show that the service September 7, 1980, refer the inquiry to the National Guard, or Air National Guard for member is on active duty and not on active local VA regional office to determine training purposes. Active duty for training duty for training. satisfaction of the minimum active-duty does not establish eligible status. However, a • For dependents not possessing military service requirement. discharge from active duty for training may orders but possessing an Identification Card • Applications for exemption based on establish veteran status and should be with an expiration date less than one year status as a spouse, unmarried dependent referred to VA for a determination. • from the date of presentation, active duty child, or unremarried surviving spouse of an A Member of a Reserve Component shall status can be verified by contacting RAPIDS honorably discharged veteran require a establish status by showing a current DD or the DEERS Support Office. determination of the veteran’s status and a Form 2 (Reserve) [red] and military active • If a dependent child does not possess a determination that the applicant is a spouse duty orders showing such person is on active Dependent Military Identification Card, or child. Status of the veteran may be duty, but not on active duty for training. No status may be ascertained through the nearest established by possession of a discharge other method for verifying this status is RAPIDS station or by contacting the DEERS certificate showing an ‘‘Honorable’’ currently available. Office at the address provided above. discharge. If the applicant is not in Spouse, Children, or Unremarried Surviving • A spouse or child showing a discharge possession of a discharge certificate, refer the Spouse of Active Duty Members or Veterans certificate, DD Form 214 or equivalent, that question of veteran status to the VA for a Step 1. Establish that the individual is a shows active duty in the Army, Navy, Air determination. The determination as to spouse, dependent child, or unremarried Force, Marine Corps or Coast Guard and whether the individual is a spouse or an surviving spouse of an active duty member character of discharge ‘‘Honorable’’ is unmarried dependent child should be made or veteran. acceptable to establish the veteran status of based on your agency guidance for marital • The determination as to whether an his or her spouse or parent respectively and dependency status. VA will not make individual is a spouse of an active duty without further inquiry, unless the certificate spousal or dependency findings in these member or veteran should be made based on appears to be altered or irregular. If veteran cases. your agency guidance. Possession of a status is claimed, but the spouse or child • Applications for exception based on current Military Identification Card showing does not have papers showing service or status as an unremarried surviving spouse of that the individual is married to a veteran or discharge, refer the inquiring to the local VA a veteran or active-duty personnel further active duty member may be considered as regional office for determination. require the following findings (set forth in 38 evidence of marriage to the member. U.S.C. 1304), in addition to a determination • The determination as to whether an Attachment 7—Interim Guidance; that the surviving spouse has not remarried: individual is an unremarried surviving Federal Means-Tested Public Benefits —that the surviving spouse was married to spouse of an active-duty member or veteran The Personal Responsibility and Work the veteran or active-duty personnel within should be made based on agency guidance, fifteen years after the termination of the in accordance with the following Opportunity Reconciliation Act of 1996 period of service in which the injury or requirements (set forth in 38 U.S.C. § 1304), (the ‘‘Act’’) provides that qualified disease causing the death of the veteran in addition to a determination that the aliens entering the United States on or was incurred or aggravated; surviving spouse has not remarried: after August 22, 1996, are ineligible for Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61415 federal means-tested public benefits to demonstrate entry prior to August 22, which he or she satisfies all during the first five years they are 1996. programmatic eligibility requirements if qualified aliens, unless they fall within • If the applicant entered the United five years have passed from the date the a specific exception. (With limited States before August 22, 1996, and applicant attained qualified alien status. exceptions, non-qualified aliens are obtained qualified alien status before Determine the date on which the ineligible for such benefits regardless of that date, he or she is eligible for all applicant attained qualified alien status when they entered the United States.) federal means-tested public benefits for by reviewing the documents evidencing All qualified aliens are eligible for which he or she satisfies all his or her status or, if the documents do federal means-tested public benefits programmatic eligibility requirements. not indicate the date he or she obtained after the expiration of such five-year You should not engage in any further such status, by filing INS Form G–845 period, unless the State in which the verification of immigration status for and Supplement along with a copy of alien seeks benefits has imposed these persons. the document with the local INS office. • additional restrictions on eligibility. If the applicant entered the United As noted above, the following The Department of Health and Human States before August 22, 1996, but categories of aliens are exempt from this Services and the Social Security obtained qualified alien status after that five-year ban: Administration have interpreted the date, you must verify that the alien was a. Refugees, asylees and aliens whose limitations on eligibility for federal continuously present in the United deportation or removal has been means-tested public benefits to apply States from the latest date of entry prior withheld—see Attachment 5 to Interim only to mandatory spending programs of to August 22, 1996, until the date he or Guidance for definition and the federal government in which she obtained qualified alien status. In documentation; b. Qualified aliens lawfully residing eligibility for benefits, or the amount of general, any single absence from the in any state who are honorably such benefits, or both, are determined United States of more than 30 days, or discharged veterans and who fulfill on the basis of income, resources, or a total of aggregated absences of more minimum active-duty service financial need of the individual, than 90 days, should be considered to interrupt ‘‘continuous presence.’’ To requirements, or who are on non- household, or family. See 62 FR 45,256 verify continuous presence, you should training active duty in the U.S. Armed (August 26, 1997); 62 FR 45,284 (August follow guidance provided by the agency Forces, or who are the spouse, 26, 1997). Under the HHS and SSA or department overseeing your program, unmarried dependent child, or interpretations, TANF, Medicaid, and which may call for an applicant to unmarried surviving spouse of such a SSI are federal means-tested public present additional documentation such veteran or active service member, benefits that are not otherwise exempted as tax returns, bills, rent receipts, or a provided that, in the latter case, the under the Act. You should consult with letter from an employer. If the applicant marriage satisfies the requirements of 38 the appropriate federal agency can demonstrate continuous presence, U.S.C. 1304—see Attachment 6 and overseeing the benefit program you he or she is eligible for all federal Exhibit B thereto to Interim Guidance administer to determine whether the means-tested public benefits for which for definition and documentation; program is a federal means-tested public he or she satisfies all programmatic c. Cuban/Haitian entrants, as defined benefit program. eligibility requirements. in section 501(e) of the Refugee The eligibility of qualified aliens for • If the applicant entered the United Education Assistance Act of 1980; federal means-tested public benefits States before August 22, 1996, and d. Amerasian immigrants admitted to turns on whether they entered the U.S. obtained qualified alien status after that the U.S. pursuant to section 584 of the before August 22, 1996, the number of date but was not continuously present Foreign Operations, Export Financing, years since they obtained qualified alien in the United States from the latest date and Related Programs Appropriations status, their particular immigration of entry prior to August 22, 1996, until Act of 1988; and status, and the specific benefits they are obtaining such status, determine if he or e. With respect to SSI and Medicaid seeking. she is eligible under Paragraphs 2 and benefits, American Indians born in 1. Determine whether the qualified 3 below. Canada and to whom the provisions of alien entered the United States before • If the applicant entered the United section 289 of the INA apply or August 22, 1996, by reviewing the States on or after August 22, 1996, and members of an Indian tribe (as defined documents evidencing his or her is a qualified alien, determine if he or in section 4(e) of the Indian Self- immigration status or, if the documents she is eligible under Paragraphs 2 and Determination and Education do not indicate whether the alien 3 below. Assistance Act). entered before August 22, 1996, by 2. With certain exceptions listed 3. Under the terms of the Act, the five- reviewing additional documentation below, an applicant who entered the year ban does not apply to the following pursuant to guidance provided by the United States on or after August 22, benefits or assistance: agency or department overseeing your 1996, and has attained qualified alien • Medical assistance under Title XIX program. Further determine whether the status, or who entered the United States of the Social Security Act (or any qualified alien obtained qualified alien before August 22, 1996, and obtained successor program to such Title) for care status prior to August 22, 1996. See qualified alien status after that date but and services that are necessary for the Attachment 6 for a list of documents did not remain continuously present in treatment of an emergency medical evidencing qualified alien status and the United States from the latest date of condition (as defined in § 1903(v)(3) of guidance on how to derive relevant entry prior to August 22, 1996, until such Act) of the alien involved and are dates from those documents. In addition obtaining such status, is ineligible for all not related to an organ transplant to the documents listed in Attachment federal means-tested public benefits procedure, if the alien involved 6, an alien who was in the United States during the first five years after he or she otherwise meets the eligibility before August 22, 1996, in a obtained qualified alien status. Thus, requirements for medical assistance nonimmigrant or other lawful status, but unless the applicant falls within one of under the state plan approved under who subsequently obtained qualified the excepted categories listed below, such Title (other than the requirement alien status, may present INS Form I–94, such an applicant is only eligible for of the receipt of aid or assistance under which is stamped with the date of entry, federal means-tested public benefits for Title IV of such Act, SSI benefits under 61416 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
Title XVI of such Act, or a state September 2, 1997, at 62 FR 46375, (5) An estimate of the total number of supplementary payment); allowing for a 60-day public comment respondents and the amount of time • Short-term, non-cash, in-kind period. No comments were received by estimated for an average respondent to emergency disaster relief; the Immigration and Naturalization respond: 150,000 responses at 30 • Assistance or benefits under the Service. minutes (.5) hours per response. National School Lunch Act; The purpose of this notice is to allow (6) An estimate of the total public • Assistance or benefits under the an additional 30 days for public burden (in hours) associated with the Child Nutrition Act of 1966; comments. Comments are encouraged collection: 75,000 annual burden hours. • Public health assistance (not and will be accepted until December 17, If you have additional comments, including any assistance under Title 1997. This process is conducted in suggestions, or need a copy of the XIX of the Social Security Act) for accordance with 5 CFR 1320.10. proposed information collection immunizations with respect to Written comments and/or suggestions instrument with instructions, or immunizable diseases and for testing regarding the item contained in this additional information, please contact and treatment of symptoms of notice, especially regarding the Richard A. Sloan 202–514–3291, communicable diseases whether or not estimated public burden and associated Director, Policy Directives and such symptoms are caused by a response time, should be directed to the Instructions Branch, Immigration and communicable disease; Office of Management and Budget, Naturalization Service, U.S. Department • Payments for foster care and Office of Regulatory Affairs, Attention: of Justice, Room 5307, 425 I Street, NW., adoption assistance under parts B and E Department of Justice Desk Officer, Washington, DC 20536. Additionally, of Title IV of the Social Security Act for Washington, DC 20530. comments may be submitted to INS via a parent or child who would, in the Written comments and suggestions facsimile to (202) 305–0143. absence of the Act’s prohibition on from the public and affected agencies If additional information is required payment of federal means-tested public concerning the proposed collection of contact: Mr. Robert B. Briggs, Clearance benefits to qualified aliens during the information should address one or more Officer, United States Department of first five years after entry into the U.S. of the following four points: Justice, Information Management and with qualified alien status, be eligible to (1) Evaluate whether the proposed Security Staff, Justice Management have such payments made on the child’s collection of information is necessary Division, Suite 850, Washington Center behalf under such part, but only if the for the proper performance of the 1001 G Street, NW, Washington, DC foster or adoptive parent(s) of such child functions of the agency, including 20530. whether the information will have is a qualified alien; Dated: November 11, 1997. • Benefits covered by Attorney practical utility; Robert B. Briggs, General Order No. 2049, 61 F.R. 45985 (2) Evaluate the accuracy of the (Aug. 30, 1996), re: government-funded agencies estimate of the burden of the Department Clearance Officer, United States Department of Justice. community programs, services or proposed collection of information, assistance that are necessary for including the validity of the [FR Doc. 97–30091 Filed 11–14–97; 8:45 am] protection of life or safety; methodology and assumptions used; BILLING CODE 4410±18±M • Programs of student assistance (3) Enhance the quality, utility, and under Titles IV, V, IX, and X of the clarity of the information to be Higher Education Act of 1965, and collected; and MEDICARE PAYMENT ADVISORY (4) Minimize the burden of the Titles III, VII, and VIII of the Public COMMISSION collection of information on those who Health Service Act; are to respond, including through the • Means-tested programs under the Commission Meeting use of appropriate automated, Elementary and Secondary Education electronic, mechanical, or other AGENCY: Medicare Payment Advisory Act of 1965; technological collection techniques or Commission. • Benefits under the Head Start Act; other forms of information technology, ACTION: Notice of meeting. and e.g., permitting electronic submission of • Benefits under the Job Training responses. SUMMARY: The Commission will hold its Partnership Act. Overview of this information next public meeting on Monday, [FR Doc. 97–29851 Filed 11–14–97; 8:45 am] collection: (1) Type of Information November 24, 1997 and Tuesday, BILLING CODE 4410±10±M Collection: Revision of currently November 25, 1997, at the Sheraton City approved information collection. Centre, 1143 New Hampshire Avenue, (2) Title of the Form/Collection: NW, Washington, D.C., in the New DEPARTMENT OF JUSTICE Generic Clearance of Customer Service Hampshire I and II room. The meetings Surveys. are tentatively scheduled to begin at Immigration and Naturalization Service (3) Agency form number, if any, and 9:00 a.m. on November 24 and at 9:00 the applicable component of the a.m. on November 25. Agency Information Collection Department of Justice sponsoring the Among the topics the Commission Activities: Proposed Collection; collection: No agency form number. will discuss are: patient classification Comment Request Office of Policy and Planning, systems for post acute care payment, ACTION: Revision of existing collection; Immigration and Naturalization Service. urban critical access hospitals, generic clearance of customer service (4) Affected public who will be asked disproportionate share payment policy, surveys. or required to respond, as well as a brief risk adjustment, adjusted community abstract: Primary: Individuals and rate, quality of care, impact of the Office of Management and Budget Households. This information will be Balanced Budget Act on acute care approval is being sought for the used to access individual and agency hospitals, payment policy options information collection listed below. needs, identify problems, and plan for affecting Medicare+Choice, other policy This proposed collection was previously programmatic improvements in the issues concerning Medicare+Choice, published in the Federal Register on delivery of immigration services. outpatient hospital payment policy, and