[Federal Register: November 17, 1997 (Volume 62, Number 221)] [Notices] [Page 61344-61416] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr17no97-91] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF JUSTICE [AG Order No. 2129-97] Interim Guidance on Verficiation of Citizenship, Qualified Alien Status and Eligibility Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 AGENCY: Department of Justice. ACTION: Notice of interim guidance with request for comments. ----------------------------------------------------------------------- SUMMARY: Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (``PRWORA'') requires the Attorney General, by February 1998, to promulgate regulations requiring verification that an applicant for federal public benefits is a qualified alien eligible to receive federal public benefits under the Act. Amendments to the PRWORA by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 also require the Attorney General, within the same time period, to establish fair and nondiscriminatory procedures for applicants to provide proof of citizenship. Amendments to the PRWORA by the Balanced Budget Act of 1997 require the Attorney General, by November 3, 1997, to issue interim verification guidance that sets forth procedures that benefit providers can use to verify citizenship, qualified alien status, and eligibility under Title IV of the PRWORA prior to issuance of the final regulations. In accordance with this last statutory requirement, the Attorney General, in consultation with federal benefit-granting agencies, has developed this interim guidance. DATES: This Interim Guidance is effective October 29, 1997. ADDRESSES: Comments should be submitted to: John E. Nahan, Immigration and Naturalization Service, 425 I St., N.W., ULLICO Building, 4th Floor, Washington, D.C. 20536, (202) 514-2317. FOR FURTHER INFORMATION CONTACT: John E. Nahan, Immigration and Naturalization Service, 425 I St., N.W., ULLICO Building, 4th Floor, Washington, D.C. 20536, (202) 514-2317. SUPPLEMENTARY INFORMATION: By the authority vested in me as Attorney General by law, including section 432(a) of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (as amended), I hereby issue the following Interim Guidance on Verification of Citizenship, Qualified Alien Status and Eligibility Under Title IV of the Personal Responsibility and [[Page 61345]] Work Opportunity Reconciliation Act of 1996. Dated: October 29, 1997. Janet Reno, Attorney General. Interim Guidance on Verification of Citizenship, Qualified Alien Status and Eligibility Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 Introduction A. Summary Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the ``Act'') provides that, with certain exceptions, only United States citizens, United States non-citizen nationals and ``qualified aliens'' (and sometimes only particular categories of qualified aliens) are eligible for federal, state and local public benefits. The Act, as amended by the Balanced Budget Act of 1997, requires the Attorney General, by November 3, 1997, to issue interim guidance on the verification of eligibility of aliens for federal public benefits. The Act also requires the Attorney General, by February 1998, to promulgate final regulations requiring verification that an applicant is a qualified alien eligible to receive federal public benefits under the Act. States have an additional twenty-four months to put into effect a verification system that complies with those regulations. Amendments to the Act by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 further require the Attorney General to establish fair and nondiscriminatory procedures for applicants to provide proof of citizenship. Benefit providers, however, are required to implement the Act, and hence to make determinations regarding citizenship, qualified alien status, and eligibility under Title IV of the Act, before the Attorney General's issuance of new regulations and the States' development of conforming verification systems. This memorandum provides guidance on how to verify citizenship, immigration status and eligibility under Title IV of the Act during this interim period. This guidance adopts a four-step procedure: (1) Determine if your program provides a ``federal public benefit'' subject to the Act's verification requirements; (2) Determine whether the applicant is otherwise eligible for benefits under general program requirements; (3) Verify the applicant's status as a U.S. citizen, U.S. non-citizen national or qualified alien; and (4) Verify the applicant's eligibility for benefits under the Act. If at any step you determine that you are not required to verify (or further verify) immigration status, you should not go on to the following step(s). If you have any questions regarding verification of immigration status pursuant to this Guidance, contact the local office of the Immigration and Naturalization Service (``INS'') serving your geographic area. A list of local INS offices is set forth in Attachment 1. Attachment 1 also includes a copy of INS Form G-845 and the Supplement thereto to be used to verify immigration status pursuant to this Guidance. This Guidance applies only to federal public benefits, and does not directly address the citizenship and immigration requirements that Title IV of the Act imposes on the provision of state and local public benefits. To the extent that you are required to verify that an applicant is a U.S. citizen, U.S. non-citizen national or qualified alien when determining eligibility for a state or local program, however, the Attorney General will be promulgating regulations that set forth procedures by which state and local providers can verify alien eligibility for such benefits. During the interim, we advise that you use this Guidance in consultation with state and local authorities. B. Programs With Governmental Verification Some federal programs (e.g., Medicaid) require federal, state and local governmental agencies, but not private providers, to verify citizenship and immigration status as part of program eligibility determinations. The private entities actually providing the benefits must abide by the verification determination made by the governmental agency; they engage in no independent verification. Nothing in this Guidance modifies such program requirements: providers of benefits under programs where verification is performed by a governmental agency are not required by this Guidance to verify that an applicant is a U.S. citizen, non-citizen national or qualified alien, and they should not engage in such verification. They should continue to provide benefits pursuant to program requirements based on the verification determinations made by the appropriate governmental agency. C. Programs Currently Required To Use the SAVE System Some federal programs (e.g., Medicaid, unemployment compensation, educational assistance under Title IV of the Higher Education Act of 1965, assisted housing programs administered by the Department of Housing and Urban Development) already require, absent a waiver, verification of the immigration status of noncitizens applying for benefits through the Systematic Alien Verification for Entitlements (``SAVE'') system. SAVE is an intergovernmental information-sharing program that is available to benefit-granting agencies that need to determine an alien's immigration status. With one exception, nothing in the Act changes preexisting legal requirements regarding use of the SAVE system or relieves the administrators of statutorily mandated programs of their obligations to comply with the SAVE program (including the terms of any waiver of SAVE program requirements received from the appropriate federal agency); section 840 of the Act, however, did remove the requirement that a state agency use the SAVE system to verify eligibility for Food Stamps. You should note that SAVE does not provide all of the information that may now be necessary to determine an individual's eligibility under Title IV of the Act. You should use this Guidance to obtain or verify that new information. D. Exemption for Nonprofit Charitable Organizations Subject to such verification regulations as the Attorney General may subsequently adopt and the limitations set forth immediately below, a ``nonprofit charitable organization'' providing a federal, state or local public benefit covered by the Act is not required under Title IV of the Act to determine, verify, or otherwise require proof of an applicant's eligibility for such benefits based on the applicant's status as a U.S. citizen, U.S. non-citizen national or qualified alien. Thus, a nonprofit charitable organization is not required by the Act to seek an applicant's confirmation that he or she is a qualified alien, or to have a separate entity verify the applicant's status before providing benefits. To be eligible for this exemption, an organization must be both ``nonprofit'' and ``charitable.'' For purposes of this Guidance, an organization is ``nonprofit'' if it is organized and operated for purposes other than making gains or profits for the organization, its members or its shareholders, and is precluded from distributing any gains or profits to its members or shareholders. An organization is ``charitable'' if it is organized and operated for charitable purposes. The term ``charitable'' should be interpreted in its generally accepted legal sense as developed by judicial decisions. It includes organizations [[Page 61346]] dedicated to relief of the poor and distressed or the underprivileged, as well as religiously-affiliated organizations and educational organizations. If you have any questions as to whether your organization is a nonprofit charitable organization exempt from the Act's verification requirements, you should contact the federal, state or local agency overseeing the program you administer to obtain guidance. The exemption for nonprofit charitable organizations is limited to verification requirements imposed by Title IV of the Act and to those instances in which the nonprofit charitable organization itself would be required by Title IV to engage in verification. Certain programs, however, require federal, state and local agencies to verify citizenship and immigration status as part of program eligibility determinations, while benefits are provided, at least in part, by charitable organizations. Other programs currently require verification by the charitable organization itself. These independent requirements are not altered by the provision exempting nonprofit charitable organizations from the Act's verification requirements. If a non-exempt entity (e.g., a state agency) performs verification for benefits provided through a nonprofit charitable organization, you must abide by those determinations. Similarly, if your program has procedures unrelated to Title IV of the Act that require verification by your charitable organization, or adopts such procedures in the future, you must comply with such procedures. A nonprofit charitable organization that chooses not to verify cannot be penalized (e.g., through cancellation of its grant or denial of reimbursement for benefit expenditures) for providing federal public benefits to an individual who is not a U.S. citizen, U.S. non-citizen national or qualified alien, except when it does so either in violation of independent program verification requirements or in the face of a verification determination made by a non-exempt entity. However, if your organization chooses to verify, even though it is a nonprofit charitable organization that is not required to do so under the Act, you should comply with the procedures set forth in this Guidance and provide benefits only to those whom you verify to be U.S. citizens, U.S. non-citizen nationals or qualified aliens. Any verification request to INS by a nonprofit charitable organization must be accompanied by the written consent of the individual whose status is to be verified to the release of information about the individual to a nongovernmental entity. The consent must be notarized or executed under penalty of perjury. (INS Form G-639 may be used for this purpose.) E. Nondiscrimination and Privacy Requirements Various federal civil rights laws and regulations prohibit discrimination by governmental and private entities on the basis of race, color, national origin, gender, religion, age and disability. They include Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq. (``Title VI''), Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794, the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq., the Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq., and the Fair Housing Act, 42 U.S.C. 3601 et seq. These laws apply to entities' provision of any public benefits, including their implementation of the Act. In particular, Title VI prohibits discrimination on the basis of race, color, or national origin in any program or activity, whether operated by a public or private entity, that receives federal funds or other federal financial assistance. Thus, in operating or participating in a federally assisted program and implementing the requirements of the Act, including those set forth in this Guidance, a provider should not, on the basis of race, color or national origin, directly or indirectly differentiate among persons in the types of program services, aids or benefits it provides or the manner in which it provides them. For example, benefit providers should treat all similarly situated individuals in the same manner, and should not single out individuals who look or sound foreign for closer scrutiny or require them to provide additional documentation of citizenship or immigration status. The nondiscrimination requirements of Title VI and other applicable civil rights laws are discussed more fully in Attachment 2. If you have questions regarding issues of discrimination that may arise with respect to benefit-granting procedures or the implementation of this Guidance, you should contact the civil rights office of the pertinent benefit-granting agency or the applicable office in the Civil Rights Division of the U.S. Department of Justice. Contact numbers in the U.S. Department of Justice, Civil rights Division are set forth in Attachment 2. When implementing the Act's verification requirements, you should be sensitive to privacy interests, and should use the citizenship and immigration status information received only for purposes of verifying the applicant's eligibility for benefits under the Act and, if you are a governmental entity, for sharing such information with the INS and other governmental entities as provided by the Act. You should also review the Privacy Act (5 U.S.C. 552a), state and local privacy laws, and your program's requirements to ensure that you comply with all applicable privacy requirements. Verification Procedures Step 1: Determine if Your Program Provides a ``Federal Public Benefit'' Subject to the Act's Verification Requirements The Act's requirement that benefit recipients be U.S. citizens, U.S. non-citizen nationals or qualified aliens does not apply to all federally funded activity or programs; it applies only to non-exempted ``federal public benefits''. Therefore, benefit providers should first determine whether the particular program they are administering provides a ``federal public benefit'' for which the Act requires them to verify citizenship, nationality or immigration status. Preliminary guidance on which programs provide ``federal public benefits'' subject to the Act's verification requirements is set forth in Attachment 3. If the federal program does not provide a ``federal public benefit'' covered by the Act (e.g., the program is exempted by Attorney General Order No. 2049, 61 FR. 45,985 (1996), regarding government-funded community programs, services or assistance that are necessary for the protection of life or safety), the benefit provider is not required to, and should not attempt to, verify an applicant's status, unless otherwise required or authorized to do so by law, because all aliens, regardless of their immigration status, are eligible for such benefits. If one program provides several public benefits, the Act's requirements apply only to those benefits that are non-exempted federal public benefits under the Act. A provider is not required to, and should not, verify the citizenship, nationality and immigration status of applicants for other benefits provided by the program that do not constitute federal public benefits. Step 2: Determine Whether Applicant is Eligible for Benefits Under General Program Requirements Given the potential intrusiveness and possibly time-consuming nature of the citizenship and alien status verification inquiry, a provider should determine whether an applicant otherwise meets specific program requirements for [[Page 61347]] benefit eligibility before initiating the verification process, unless determining program eligibility would be considerably more complex and time-consuming than verifying immigration status. This will reduce verification inquiries that prove unnecessary because the applicant is not otherwise eligible for the benefits requested. This Guidance does not address these other program eligibility requirements; a provider should refer to the statute, regulations and agency guidance (if any) governing its program for such requirements. (Note, however, that Title IV contains provisions requiring that, upon the effective date of the new affidavit of support, required under section 213A of the Act, when determining eligibility for federal means-tested public benefits and the amount of such benefits to which an alien is entitled, the income and resources of the alien be deemed to include those of any person executing an affidavit of support on behalf of the alien and that person's spouse, if applicable, with certain exceptions for indigent qualified aliens and aliens who (or whose children or parents) have been battered or subjected to extreme cruelty in the U.S. by a spouse, parent or member of the spouse or parent's family. See Exhibit B of Attachment 5.) Determining program eligibility will normally include verifying that the applicant is who he or she claims to be. Although many of the documents and procedures relevant to determining citizenship or immigration status may also be relevant to identity verification, this Guidance is designed to provide assistance in determining the status of applicants whose identity has already been verified, and does not address appropriate identity verification procedures. It is your responsibility to assure yourself, pursuant to non-discriminatory procedures, of the identity of the applicant. Step 3: Verify Applicant's Status as A U.S. Citizen, U.S. Non-Citizen National or Qualified Alien Because the process of verifying an individual's status as a U.S. citizen, U.S. non-citizen national or qualified alien raises significant issues involving privacy and anti-discrimination protections, no verification of an applicant's status as a U.S. citizen, U.S. non-citizen national or qualified alien should be undertaken where benefits are not contingent on such status. In addition, if an alien is applying for benefits on behalf of another person, you may, under federal law, only verify the status of the person who will actually be receiving the benefits. Except as set forth in this paragraph, if your program provides a non-exempted ``federal public benefit,'' and thus is available only to U.S. citizens, U.S. non-citizen nationals and qualified aliens, you should verify an applicant's status as set forth below. If you are a private provider of a ``federal public benefit'' and your program requires verification by a federal, state or local governmental agency, but not by a private provider, you should not engage in any independent verification and should continue to comply with the verification determinations made by the appropriate governmental entity. If you are on the SAVE system, you should continue following the SAVE procedures and should use this Guidance only for matters not addressed under the SAVE program. A. U.S. Citizen or Non-Citizen National 1. Ask for Declaration of Status. If you are required to verify an applicant's status as a U.S. citizen, U.S. non-citizen national or qualified alien, you should begin by asking the applicant to submit a written declaration, under penalty of perjury, that he or she is a citizen or non-citizen national of the U.S. (or that he or she is a qualified alien--see Paragraph B.1. below). Subject to certain exceptions and qualifications (particularly with respect to derivative citizenship), a United States citizen is: A person (other than the child of a foreign diplomat) born in one of the several States or in the District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, or the Northern Mariana Islands who has not renounced or otherwise lost his or her citizenship; A person born outside of the United States to at least one U.S. citizen parent (sometimes referred to as a ``derivative citizen''); or A naturalized U.S. citizen. As a general matter, a United States non-citizen national is a person born in an outlying possession of the United States (American Samoa or Swain's Island) on or after the date the U.S. acquired the possession, or a person whose parents are U.S. non-citizen nationals (subject to certain residency requirements). The law regarding U.S. citizenship and nationality is complex. These broad definitions are provided for general guidance only, and do not address all of the complexities involved in attaining or losing status as a U.S. citizen or non-citizen national. See 8 U.S.C. 1401 et seq. If you have any questions regarding whether an applicant is a U.S. citizen or non-citizen national, you should consult with the INS (in the case of a naturalized citizen) or the federal agency or department that oversees your program. 2. Verify Status. A number of programs have existing procedures for verifying that an applicant is a U.S. citizen or non-citizen national for purposes of program eligibility. You should continue to comply with any existing or future legal requirements for verifying citizenship and nationality that are imposed on your program, as well as with any applicable existing or future guidance provided by the agency or department overseeing your program. If a program has no requirements or guidance regarding verification, a benefit provider should refer to this Guidance. The appropriate method of verifying an applicant's citizenship will depend upon the requirements and needs of the particular program, including, but not limited to , the nature of the benefits to be provided, the need for benefits to be provided on an expedited basis, the length of time during which benefits will be provided, the cost of providing the benefits, the length of time it will take to verify based on a particular method, and the cost of a particular method of verification. For example, a benefit provider could adopt a quick and simple verification procedure if it provides short-term benefits and the cost of extensive verification will outweigh the cost of the benefits or if verification will be time-consuming and the benefits are needed in the short term. On the other hand, if the benefit provider provides substantial, long-term benefits, it may be reasonable to require more extensive verification of citizenship. Regardless, a benefit provider's decision as to the appropriate method must be made in a non-discriminatory fashion; for example, it cannot turn on the fact that the applicant looks or sounds foreign or has an ethnic surname. A benefit provider should adopt neutral procedures that apply equally to all applicants regardless of their appearance, ethnicity or accent. A benefit provider should not implement its procedures in a manner that discriminates against applicants whom it assumes to be foreign; nor should a benefit provider treat any applicant in a more beneficial manner based on assumptions as to the applicant's citizenship. (See Nondiscrimination Advisory in Attachment 2.) To verify that an applicant is a U.S. citizen or non-citizen national, a benefit provider could do any one of the following: [[Page 61348]] (a) Ask the applicant to present a document demonstrating that he or she is a U.S. citizen or non-citizen national. Documents that can be used to make this demonstration are described in Attachment 4. (A benefit provider may also consult records of verified citizenship, if any, maintained by the agency overseeing its program.) (i) If the document reasonably appears on its face to be genuine and to relate to the individual presenting it (or, if your program already has existing guidance or procedures mandating a higher standard of proof for acceptance of documentary evidence of status, the document satisfied that higher standard), the provider should accept the document as conclusive evidence that the applicant is a U.S. citizen or non-citizen national, and should not verify status any further. (ii) If the document presented does not on its face reasonably appear to be genuine (or to satisfy a higher applicable standard) or to relate to the individual presenting it, the benefit provider should contact the governmental entity that originally issued the document presented or that can confirm the applicant's status as a U.S. citizen or non-citizen national. (With regard to naturalized citizens and derivative citizens presenting certificates of citizenship, the INS is the appropriate governmental entity to contact for verification of such status. If the applicant presents a document relating to such status and that document does not on its face reasonably appear to be genuine or to relate to the applicant (or to satisfy a higher applicable standard), the provider may request verification of status by filing INS Form G-845 along with copies of the pertinent documents provided by the applicant with the local INS office. If an applicant has lost his or her original documents or never had an original document demonstrating naturalized or derivative citizenship, refer the applicant to the local INS office to obtain documentation of status.) (b) Accept a written declaration, made under penalty of perjury and possibly subject to later verification of status, from one or more third parties indicating a reasonable basis for personal knowledge that the applicant is a U.S. citizen or non-citizen national. (c) Accept the applicant's written declaration, made under penalty of perjury and possibly subject to later verification of status, that he or she is a U.S. citizen or non-citizen national. The options described in subparagraphs (b) and (c) above present a greater potential for undetected false claims of being a United States citizen or non-citizen national, and therefore should be used with caution in appropriate circumstances. For example, before using these options, a provider might require the applicant to demonstrate why a document evidencing that he or she is a U.S. citizen or non-citizen national does not exist or cannot be readily obtained. Such a requirement must be imposed equally on all applicants, and cannot be applied in a discriminatory manner. 3. Action Pending Verification. In an applicant has satisfied the above requirements regarding submission of a sworn declaration and presentation of any other required evidence of status, you should refer to the legal requirements of your program and to any applicable guidance provided by the federal agency or department overseeing your program to determine if you should grant or withheld benefits during the period of time in which you are verifying the applicant's status. If your program has no such requirements or guidance and the applicant has submitted a written declaration, under penalty of perjury, that he or she is a U.S. citizen or non-citizen national, you should not delay, deny, reduce or terminate the applicant's eligibility for benefits under the program on the basis of an applicant's citizenship or nationality during the period of time it takes to verify his or her status. 4. Take Action Based on Results of Verification. If you verify that the applicant is a U.S. citizen or non-citizen nation, you are subject to no further verification requirements under Title IV of the Act and should grant the benefits requested if the applicant is otherwise eligible for them under the specific program's requirements. If you cannot verify that the applicant is a U.S. citizen or non-citizen national after exhausting the above-described methods (and the applicant is not a qualified alien--see below), you should deny the benefits requested, and notify the applicant pursuant to your regular procedures of his or her rights under the applicable program to appeal the denial of benefits. If the INS was involved in the provider's attempt to verify naturalized or derivative citizenship, the INS will, upon request of the agency or department handling the appeal, conduct a thorough review of its initial verification response and will provide the agency or department with information in its possession necessary to resolve the appeal. B. Qualified Alien 1. Ask for Declaration of Status. If an applicant is not a U.S. citizen or U.S. non-citizen national, you may grant the applicant non- exempt federal public benefits only if the applicant submits a written declaration, under penalty of perjury, that he or she has an immigration status that makes him or her a ``qualified alien'' and you verify that status as set forth below. A ``qualified alien'' is: An alien lawfully admitted for permanent residence under the Immigration and Nationality Act (``INA''); An alien granted asylum under section 208 of the INA; A refugee admitted to the U.S. under section 207 of the INA; An alien paroled into the U.S. under section 212(d)(5) of the INA for at least one year; An alien whose deportation is being withheld under section 243(h) of the INA as in effect prior to April 1, 1997, or whose removal is being withheld under section 241(b)(3) of the INA; An alien granted conditional entry pursuant to section 203(a)(7) of the INA as in effect prior to April 1, 1980; An alien who is a Cuban or Haitian entrant as defined in section 501(e) of the Refugee Education Assistance Act of 1980; or An alien who (or whose child or parent) has been battered or subjected to extreme cruelty in the U.S. and otherwise satisfies the requirements of Sec. 431(c) of the Act (see Exhibit B of Attachment 5). 2. Request Documentation of Immigration Status. Ask the applicant to provide documentation evidencing his or her status as a qualified alien. The documents that will demonstrate that an applicant is a ``qualified alien'' are described in Attachment 5. Note that, if the applicant is applying for federal means-tested public benefits covered by the Act, or possibly a program funded by a Social Services Block Grant, the applicant may well have to present additional documentation demonstrating eligibility under the Act--see Step 4 below--and you will also want to ask the applicant to provide any such additional documentation demonstrating eligibility. 3. If Supported by Documents, Conclude that the Applicant is a Qualified Alien. If the documentation reasonably appears on its face to be genuine (or, if your program already has existing guidance or procedures mandating a higher standard of proof for acceptance of documentary evidence of immigration status, the document satisfies that higher standard) and to relate to the individual presenting it, you should accept the documentation as conclusive evidence that the applicant is a qualified alien, you should not further verify immigration status with [[Page 61349]] the INS (unless you are a SAVE user, in which case you should proceed to verify status according to SAVE procedures), and you should proceed to determine if the applicant satisfies the Act's other eligibility requirements for the particular benefits discussed in Step 4 below (addressing SSI, Food Stamps, TANF, Medicaid, programs funded by a Social Services Block Grant, and federal means-tested public benefits). 4. If, Based on the Documents Presented, You Are Considering Concluding that the Applicant Is Not a Qualified Alien, Take the Following Steps. (a) Verify Status. If, based on your review of the documents presented, you are considering determining that an applicant is not a qualified alien and thus is not eligible for the benefits requested based on his or her immigration status--e.g., because the document does not on its face reasonably appear to be genuine (or to satisfy a higher applicable standard) or to relate to the person presenting it--you should check with the INS to verify the information presented as set forth below. (You do not need to check with the INS if the applicant presents a document that is valid and demonstrates lawful immigration status but that simply does not qualify him or her for status as a qualified alien: e.g., INS Form I-94 showing admission as a nonimmigrant visitor.) Do not determine that an applicant is not a qualified alien, and do not conclusively deny benefits on that basis, without first verifying the applicant's status with the INS as follows. If you are connected to the INS SAVE system, check the applicant's immigration status using the standard procedures for use of the SAVE system, including both the electronic mechanism and, if necessary (e.g., if information regarding the pertinent immigration status cannot be confirmed through the electronic SAVE database), the procedures for secondary verification. If you are not connected to the SAVE system and the applicant presents documents relating to such status, request verification of immigration status by filing INS Form G-845 and Supplement along with copies of the pertinent immigration documents provided by the applicant with the local INS office. In either instance, the INS will conduct a thorough review of its records to determine if the applicant is a qualified alien. If the applicant presents expired documents or is unable to present any documentation evidencing his or her immigration status, refer the applicant to the local INS office to obtain documentation of status. In unusual cases involving applicants who are hospitalized or medically disabled, or who can otherwise show good cause for their inability to present documentation, and for whom securing such documentation would constitute an undue hardship, if the applicant can provide an alien registration number, you may file INS Form G-845 and Supplement, along with the alien registration number a copy of any expired INS document presented, with the local INS office to verify status. As with any documentation of immigration status, you should confirm that the status information you receive back from INS pertains to the applicant whose identity you have verified. (b) Action Pending Verification. You should refer to the legal requirements of your program and to any applicable guidance provided by the federal agency or department overseeing your program, if any, to determine whether you should grant or withhold benefits during the period of time in which you are verifying the applicant's immigration status. If your program has not such requirements or guidance and the applicant has submitted a written declaration, under penalty of perjury, that he or she is a qualified alien, you should not delay, deny, reduce or terminate the applicant's eligibility for benefits under the program on the basis of an applicant's immigration status during the period of time it takes to verify his or her immigration status. If you are to grant benefits pending verification, you should first determine if the applicant satisfies the Act's other eligibility requirements (if any) for the benefits requested as set forth in Step 4 below. (c) Take Action Based on Response to Verification Inquiry. If the INS notifies you that the applicant has an immigration status that makes him or her a qualified alien within the meaning of the Act, you should accept the INS verification of and proceed to determine whether the applicant satisfies the Act's other eligibility requirements (if any) for the benefits requested as set forth in Step 4 below. If the INS modifies you that it cannot verify that the applicant has an immigration status that makes him or her a qualified alien within the meaning of the Act, you should deny benefits and notify the applicant pursuant to your program's regular procedures of his or her rights under the applicable program to appeal the denial of benefits. Upon request of the agency or department handling the appeal, the INS will conduct a thorough review of its initial verification response and will provide the agency or department with information in its possession necessary to resolve the appeal. Step 4: Verify Eligibility Under the Act Title IV of the Act provides that all qualified aliens are eligible for some federal public benefits, while it imposes additional eligibility requirements for receipt of other benefits. If the qualified alien is applying for a benefit for which all qualified aliens are eligible, you should not engage in any further verification of immigration status. If he or she is applying for a program for which the Act imposes additional eligibility requirements, however, you should determine whether the applicant satisfies those requirements. A. Federal Public Benefits With No Further Immigration Eligibility Requirements for Qualified Aliens Except as set forth below, all qualified aliens are eligible for all federal public benefits. If the qualified alien is applying for a federal public benefit for which all qualified aliens are eligible, you should not engage in any further verification of immigration status. Wtih some exceptions, individuals receiving SSI as of August 22, 1996, continue to be eligible for such benefits until the Commissioner of Social Security, prior to September 30, 1998, redetermines their eligibility; if, as a result of that redetermination, an individual is found to be ineligible for SSI, the individual can nevertheless continue receiving benefits until September 30, 1998. In the absence of a State's decision to restrict eligibility for programs funded by a Social Services Block Grant, all qualified aliens are eligible for Social Services Block Grant programs. In the absence of a State's decision to restrict eligibility for TANF and Medicaid, the Act does not restrict the availability of these benefits to qualified aliens who entered the United States prior to August 22, 1996, and who were continuously present in the United States until attaining qualified alien status; however, because the Department of Health and Human Services has determined that TANF and Medicaid are federal means-tested public benefits, see 62 FR 45,256 (August 26, 1997), aliens who entered the United States on or after August 22, 1996, are ineligible for those programs for five years from the date that they attain qualified alien status (see discussion of federal means-tested public benefits in Paragraph B below and Attachment 7). You should determine whether your State is continuing to provide TANF, Medicaid, [[Page 61350]] and programs funded by a Social Services Block Grant to all qualified aliens: ' If the State is continuing to provide programs funded by a Social Services Block Grant to all qualified aliens, you should not engage in any further verification of immigration status; ' If the State is continuing to provide TANF and Medicaid to all qualified aliens, you should refer to Paragraph B below and Attachment 7 for further guidance on additional eligibility requirements; and ' If the State has restricted qualified aliens' eligibility for TANF and Medicaid, you should determine whether the applicant is eligible for such benefits as set forth in Paragraph B below. B. Federal Benefits With Additional Eligibility Requirements for Qualified Aliens SSI, Food Stamps, TANF, Medicaid, and Programs Funded by a Social Services Block Grant The Act provides that only certain excepted categories of aliens are eligible for SSI and Food Stamps. A State may, however, choose to issue Food Stamp benefits to individuals that are otherwise ineligible for such benefits under sections 402 or 403 of the Act, provided that the State reimburses the federal government for the costs of such benefits and complies with certain administrative requirements. In addition, if a State has exercised its right to limit qualified aliens' eligibility for TANF, Medicaid, and programs funded by a Social Services Block Grant, certain excepted categories of aliens remain eligible for such programs. The excepted categories of aliens that remain eligible for SSI are somewhat broader than the excepted categories for Food Stamps, Medicaid, TANF and programs funded by a Social Services Block Grant. Consult Attachment 6 for a more specific description of these excepted categories and the documentation that will demonstrate that an alien falls within such an exception and thus remains eligible for these programs. Federal Means-Tested Public Benefits. With certain exceptions discussed in greater detail in Attachment 7, qualified aliens are ineligible to receive federal means-tested public benefits for five years from the date that they attain qualified alien status. However, aliens who entered the United States prior to August 22, 1996, and who were continuously present in the United States until attaining qualified alien status are not subject to this restriction. In addition, exceptions are made for refugees, asylees, aliens whose deportation or removal has been withheld, Cuban/Haitian entrants, certain Amerasian immigrants, and aliens who are veterans honorably discharged or on non-training active duty and their families. This restriction, moreover, does not apply after the expiration of the five- year period. If a qualified alien is applying for such a benefit, you should determine, in accordance with Attachment 7, whether he or she arrived in the United States prior to August 22, 1996, whether he or she falls within one of the enumerated exceptions, or whether he or she has been a qualified alien for at least five years. Attachment 1 Local INS Office Addresses ---------------------------------------------------------------------------------------------------------------- State or territory County File control office Address ---------------------------------------------------------------------------------------------------------------- Alabama......................... ........................... Atlanta, GA.......... 77 Forsyth Street, S.W., Atlanta, GA 30303-3427. Alaska.......................... ........................... Anchorage, AK........ 620 East 10th Avenue, Suite 102, Anchorage, AK 99501. Arizona......................... ........................... Phoenix, AZ.......... 2035 North Central Avenue, Phoenix, AZ 85004-1548. Arkansas........................ ........................... Memphis, TN.......... 1341 Sycamore View, Suite 100, Memphis, TN 38134. California...................... Inyo, Kern, Los Angeles, Los Angeles, CA...... 300 North Los Angeles Orange, Riverside, San Street, Los Angeles, CA Bernardino, San Luis 90012. Obispo, Santa Barbara, and Ventura. Imperial and San Diego..... San Diego, CA........ 880 Front Street, Suite 1234, San Diego, CA 92101- 8834. Alameda, Alpine, Amador, San Francisco, CA.... 630 Sansome Street, Room Butte, Calaveras, Colusa, 300, San Francisco, CA Contra Costa, Del Norte, 94111-2280. El Dorado, Fresno, Glenn, Humboldt, Kings, Lake, Lassen Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Mono, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solono, Sonoma, Stainislaus, Sutter, Tehama, Trinity, Tulare, Tuolumne, Yolo, and Yuba. Colorado........................ ........................... Denver, CO........... 4730 Paris Street, Albrook Center, Denver, CO 80239- 2804. Connecticut..................... ........................... Hartford, CT......... Ribicoff Federal Building, 450 Main Street, Hartford, CT 06103-3060. Delaware........................ ........................... Philadelphia, PA..... 1600 Callowhill Street, Philadelphia, PA 19130- 4112. District of Columbia............ ........................... Arlington, VA........ 4420 North Fairfax Drive, Arlington, VA 22203. [[Page 61351]] Florida......................... ........................... Miami, FL............ 7880 Biscayne Blvd. Miami, FL 33138-4797. Georgia......................... ........................... Atlanta, GA.......... 77 Forsyth Street, S.W., Atlanta, GA 30303-3427. Guam............................ ........................... Agana, GU............ Pacific News Bldg., Room 801, 238 Archbishop Flores Street, Agana, GU 96910. Hawaii.......................... ........................... Honolulu, HI......... 595 Ala Moana Blvd., Honolulu, HI 96813. Idaho........................... ........................... Helena, MT........... 2800 Skyway Drive, Helena, MT 59601. Illinois........................ ........................... Chicago, IL.......... 10 West Jackson Blvd., Chicago, IL 60604. Indiana......................... ........................... Indianapolis, IN..... Gateway Plaza, 950 North Meridian Street, Room 400, Indianapolis, IN 46204. Iowa............................ ........................... Omaha, NE............ 3736 132nd Street, Omaha, NE 68144. Kansas.......................... ........................... Kansas City, MO...... 9747 North Conant Avenue, Kansas City, MO 64153. Kentucky........................ ........................... Memphis, TN.......... 1341 Sycamore View, Suite 100, Memphis,TN 38134. Louisiana....................... ........................... New Orleans,LA....... Postal Services Building, 701 Loyola Avenue, Room T- 8011, New Orleans, LA 70113-1912. Maine........................... ........................... Portland, ME......... 739 Warren Avenue, Portland, ME 04103-1187. Maryland........................ ........................... Baltimore, MD........ Nations Bank Center, Tower One, 100 South Charles/ 12th Floor, Baltimore, MD 21201-2725. Massachusetts................... ........................... Boston, MA........... John F. Kennedy Federal Bldg., Government Center, Room E-160, Boston, MA 02203-0701. Michigan........................ ........................... Detroit, MI.......... Federal Building, 333 Mt. Elliott Street, Detroit, MI 48207-4381. Minnesota....................... ........................... St. Paul, MN......... 2901 Metro Drive, Suite 100, Bloomington, MN 55425. Mississippi..................... Alcron, Attala, Benton, Memphis, TN.......... 1341 Sycamore View, Suite Bolivar, Calhoun, Carroll, 100, Memphis, TN 38134. Chickasaw, Choctaw, Clay, Coahoma, DeSoto, Grenada, Humphreys, Itawamba, Lafayette, Lee, Leflore, Lowndes, Marshall, Monroe, Montgomery, Oktibbeha, Panola, Pontotoc, Prentiss, Quitman, Sunflower, Tallahatchie, Tate, Tippah, Tishomingo, Tunica, Union, Washington, Webster, Winston, and Yalobusha. Adams, Amite, Claiborne, New Orleans, LA...... Postal Services Building, Clarke, Copiah, Covington, 701 Loyola Avenue, Room T- Forrest, Franklin, George, 8011, New Orleans, LA Greene, Hancock, Harrison, 70113-1912. Hinds, Holmes, Issaquena, Jackson, Jasper, Jefferson, Jefferson Davis, Jones, Kemper, Lamar, Lauderdale, Lawrence, Leake, Lincoln, Madison, Marion, Neshoba, Newton, Noxubee, Pearl River, Perry, Pike, Rankin, Scott, Sharkey, Simpson, Smith, Stone, Walthall, Warren, Wayne, Wilkinson, and Yazoo. Missouri........................ Andrew, Atchison, Barry, Kansas City, MO...... 9747 North Conant Avenue, Barton, Bates, Benton, Kansas City, MO 64153. Boone, Buchanan, Caldwell, Callaway, Camden, Carroll, Cass, Cedar, Christian, Clay, Clinton, Cole, Cooper, Dade, Dallas, Daviess, De Kalb, Douglas, Gentry, Greene, Grundy, Harrison, Henry, Hickory, Holt, Howard, Howell, Jackson, Jasper, Johnson, Laclede, Lafayette, Lawrence, Livingston, McDonald, Mercer, Miller, Moniteau, Morgan, Newton, Nodaway, Oregon, Osage, Ozark, Pettis, Platte, Polk, Pulaski, Putnam, Ray, St. Clair, Saline, Stone, Sullivan, Taney, Texas, Vernon, Webster, Worth, and Wright. [[Page 61352]] Adair, Audrain, Bollinger, St. Louis, MO........ Robert A. Young Federal Butler, Cape Girardeau, Bldg., 1222 Spruce Carter, Chariton, Clark, Street, Room 1100, St. Crawford, Dent, Dunklin, Louis, MO 63103-2815. Franklin, Gasconade, Iron, Jefferson, Knox, Lewis, Lincoln, Linn, Macon, Madison, Maries, Marion, Mississippi, Monroe, Montgomery, New Madrid, Pemiscot, Perry, Phelps, Pike, Ralls, Randolph, Reynolds, Ripley, St. Charles, St. Francois, St. Louis, Ste. Genevieve, Schuyler, Scotland, Scott, Shannon, Shelby, Stoddard, Warren, Washington, and Wayne. Montana......................... ........................... Helena, MT........... 2800 Skyway Drive, Helena, MT 59601. Nebraska........................ ........................... Omaha, NE............ 3736 132nd Street, Omaha, NE 68144. Nevada.......................... Clark, Esmeralda, Lincoln, Las Vegas, NV........ 3373 Pepper Lane, Las and Nye. Vegas, NV 89120. Churchill, Douglas, Elko, Reno, NV............. 1351 Corporate Boulevard, Eureka, Humboldt, Lander, Reno, NV 89502. Lyon, Mineral, Pershing, Storey, Washoe, and White Pine. New Hampshire................... ........................... Boston, MA........... John F. Kennedy Federal Bldg., Government Center, Room E-160, Boston, MA 02203-0701. New Jersey...................... ........................... Newark, NJ........... Peter Rodino Federal Building, 970 Broad Street, Newark, NJ 07102- 2506. New Mexico...................... ........................... El Paso, TX.......... 1545 Hawkins, Suite 167, El Paso, TX 79925. New York........................ Albany, Broome, Chenango, Albany, NY........... James T. Foley Federal Columbia, Delaware, Courthouse, 445 Broadway, Fulton, Greene, Hamilton, Room 227, Albany, NY Herkimer, Madison, 12207-2999. Montgomery, Onoeida, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Tioga, Warren, and Washington. Allegany, Cattaraugus, Buffalo, NY.......... 130 Delaware Avenue, Cayuga, Chautauqua, Buffalo, NY 14202-2404. Chemung, Clinton, Cortland, Erie, Essex, Franklin, Genesee, Jefferson, Lewis, Livingston, Monroe, Niagara, Onandaga, Ontario, Orleans, Oswego, St. Lawrence, Schuyler, Seneca, Steuben, Tompkins, Wayne, Wyoming, and Yates. Bronx, Dutchess, Kings, New York, NY......... 26 Federal Plaza, New Nassau, New York, Orange, York, NY 10278-0127. Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, and Westchester. North Carolina.................. ........................... Charlotte, NC........ 6 Woodlawn Green, Bldg. 6, Suite 138, Charlotte, NC 28217-2216. North Dakota.................... ........................... St. Paul, MN......... 2901 Metro Drive, Suite 100, Bloomington, MN 55425. Ohio............................ Adams, Athens, Brown, Cincinnati, OH....... J.W. Peck Federal Butler, Champaign, Clark, Building, 550 Main Clermont, Clinton, Darke, Street, Room 8525, Delaware, Fairfield, Cincinnati, OH 45202. Fayette, Franklin, Gallia, Greene, Hamilton, Highland, Hocking, Jackson, Licking, Lawrence, Logan, Madison, Meigs, Miami, Montgomery, Perry, Pickaway, Pike, Preble, Ross, Scioto, Shelby, Union, Vinton, and Warren. Allen, Ashland, Ashtabula, Cleveland, OH........ Anthony J. Celebreeze Auglaize, Belmont, Federal Bldg., 1240 E. Carroll, Columbiana, 9th Street, Room 1917, Coshocton, Crawford, Cleveland, OH 44199. Cuyahoga, Defiance, Erie, Fulton, Geauga, Guernsey, Hancock, Hardin, Harrison, Henry, Holmes, Huron, Jefferson, Knox, Lake, Lorain, Lucas, Mahoning, Marion, Medina, Mercer, Monroe, Morgan, Morrow, Muskingum, Noble, Ottawa, Paulding, Portage, Putman, Richland, Sandusky, Seneca, Stark, Summit, Trumbull, Tuscarawas, Van Weft, Washington, Wayne, Williams, Wood, and Wyandot. [[Page 61353]] Oklahoma........................ ........................... Dallas, TX........... 8101 North Stemmons Freeway, Dallas, TX 75247. Oregon.......................... ........................... Portland, OR......... 511 N.W. Broadway, Portland, OR 97209. Pennsylvania.................... Adams, Berks, Bradford, Philadelphia, PA..... 1600 Callowhill Street, Bucks, Cameron, Carbon, Philadelphia, PA 19130- Centre, Chester, Clinton, 4112. Columbia, Cumberland, Dauphin, Delaware, Franklin, Fulton, Huntingdon, Juniata, Lackawanna, Lancaster, Lebanon, Lehigh, Luzerne, Lycoming, Mifflin, Monore, Montgomery, Montour, Northampton, Northumberland, Perry, Philadelphia, Pike, Potter, Schuylkill, Snyder, Sullivan, Susquehanna, Tioga, Union Wayne, Wyoming, and York. Allegheny, Armstrong, Pittsburgh, PA....... Federal Building, Room Beaver, Bedford, Blair, 314, 1000 Liberty Avenue, Butler, Cambria, Clarion, Pittsburgh, PA 15222- Clearfield, Crawford, Elk, 4181. Erie, Fayette, Forest, Greene, Indiana, Jefferson, Lawrence, McKean, Mercer, Somerset, Venango, Warren, Washington, and Westmoreland. Puerto Rico..................... ........................... San Juan, PR......... P.O. Box 365068, San Juan, PR 00936-5068. Rhode Island.................... ........................... Providence, RI....... 200 Dyer Street, Providence, RI 02903- 3993. South Carolina.................. ........................... Charlotte, NC........ 6 Woodlawn Green, Bldg. 6, Suite 138, Charlotte, NC 28217-2216. South Dakota.................... ........................... St. Paul, MN......... 2901 Metro Drive, Suite 100, Bloomington, MN 55425. Tennessee....................... ........................... Memphis, TN.......... 1341 Sycamore View, Suite 100, Memphis, TN 38134. Texas........................... Anderson, Andrews, Archer, Dallas, TX........... 8101 North Stemmons Armstrong, Bailey, Baylor, Freeway, Dallas, TX Borden, Bosque, Bowie, 75247. Briscoe, Callahan, Camp, Carson, Cass, Castro, Cherokee, Childress, Clay, Cochran, Collin, Collingsworth, Comanche, Cooke, Cottie, Crosby, Dallam, Dallas, Dawson, Deaf Smith, Delta, Denton, Dickens, Donley, Eastland, Ellis, Erath, Fannin, Fisher, Floyd, Foard, Franklin, Freestone, Gaines, Garza, Gray, Grayson, Gregg, Hale, Hall, Hamilton, Hansford, Hardeman, Harrison, Hartley, Haskell, Hemphill, Henderson, Hill, Hockley, Hood, Hopkins, Houston, Howard, Hunt, Hutchinson, Jack, Johnson, Jones, Kaufman, Kent, King, Knox, Lamar, Lamb, Leon, Limestone, Lipscomb, Lubbock, Lynn, Marion, Martin, Mitchell, Montague, Moore, Morris, Motley, Navarro, Nolan, Ochiltree, Oldham, Palo Pinto, Panola, Parker, Parmer, Potter, Rains, Randall, Red River, Roberts, Rockwall, Rusk, Scurry, Shackelford, Sherman, Smith, Somervell, Stephens, Stonewall, Swishers, Tarrant, Taylor, Terry, Throckmorton, Titus, Upshur, Van Zandt, Wheeler, Wichita, Wilbarger, Wise, Wood, Yoakum, and Young. Brewster, Crane, Culberson, El Paso, TX.......... 1545 Hawkins Suite 167, El Ector, El Paso, Hudspeth, Paso, TX 79925. Jeff Davis, Loving, Midland, Pecos, Presidio, Reeves, Terrell, Upton, Ward, and Winkler. Brooks, Cameron, Hidalgo, Harlingen, TX........ 2102 Teege Road, Kenedy, Kleberg, Starr, Harlingen, TX 78550. and Willacy. [[Page 61354]] Angelina, Austin, Brazoria, Houston, TX.......... 509 N. Sam Houston Parkway Chambers, Colorado, Fort East, Houston, TX 77060. Bend, Galveston, Grimes, Hardin, Harris, Jasper, Jefferson, Liberty, Madison, Matagorda, Montgomery, Nacogdoches, Newton, Orange, Polk, Sabine, San Augustine, San Jacinto, Shelby, Trinity, Tyler, Walker, Waller, Washingoton, and Wharton. Aransas, Aascosa, Bandera, San Antonia, TX...... 8940 Four Winds Drive, Bastrop, Bee, Bell, Bexar, Suite 2020, San Antonia, Blanco, Brozos, Brown, TX 78239. Burleson, Burner, Caldwell, Calhoun, Coke, Coleman, Comal, Concho, Coryell, Crockett, De Witt, Dimmit, Duval, Edwards, Falls, Fayette, Frio, Gillespie, Glasscock, Goliad, Gonzales, Guadalupe, Harp, Haynes, Irion, Jackson, Jim Hogg, Jim Wells, Karnes, Kendall, Kerr, Kimble, Kinney, Lampasas, La Salle, Lavaca, Lee, Live Oak, Llano, McCulloch, McLennan, McMullen, Mason, Maverick, Medina, Menard, Milam, Mills, Nueces, Reagan, Real, Refugio, Robertson, Runnels, San Patricio, San Saba, Schleicher, Sterling, Sutton, Tom Green, Travis, Uvalde, Val Verde, Victoria, Webb, Williamson, Wilson, Zapata, and Zavala. Utah............................ ........................... Salt Lake City, UT... 5272 South College Drive, Suite 100, Salt Lake, UT 84123. Vermont......................... ........................... St. Albans, VT....... Federal Building, P.O. Box 328, 50 South Maine Street, St. Albans, VT 05478-0238. Virginia........................ Accomack, Amelia, Norfolk, VA.......... Norfolk Commerce Park, Brunswick, Caroline, 5280 Hennenman Drive, Charles City, Norfolk, VA 23513. Chesterfield, Colonial Heights, Dinwiddie, Essex, Fredericksburg, Gloucester, Goochland, Greensville, Hanover, Henrico, Isle of Wight, James City, King and Queen, King William, Lancaster, Louisa, Lunenburg, Mathews, Mecklenburg, Middlesex, New Kent, Northampton, Northumberland, Nottoway, Powhatan, Prince Edward, Prince George, Richmond, Southhampton, Spotsylvania, Surry, Sussex, Westmoreland, and York. Albemarle, Alleghany, Arlington, VA........ 4420 North Fairfax Drive, Amherst, Appomattox, Arlington, VA 22203. Arlington, Augusta, Bath, Bedford, Bland, Botetourt, Buchanan, Buckingham, Campbell, Carroll, Charlotte, Clarke, Craig, Culpepper, Cumberland, Dickenson, Fairfax, Fauquier, Floyd, Fluvanna, Franklin, Frederick, Giles, Grayson, Greene, Halifax, Henry, Highland, King George, Lee, Loudoun, Madison, Montgomery, Nelson, Orange, Page, Patrick, Pittsylvania, Prince William, Pulaski, Rappahannock, Roanoke, Rockbridge, Rockingham, Russell, Scott, Shenandoah, Smyth, Stafford, Tazewell, Warren, Warwick, Washington, Wise, and Wythe. Virgin Islands.................. ........................... St. Thomas, VI....... P.C. Box 610, Federal Building, Suite 117, Veterans Drive, Charlotte Amalie, St. Thomas, U.S. Virgin Islands, 00801. Washington...................... ........................... Seattle, WA.......... 815 Airport Way South, Seattle, WA 98134. West Virginia................... ........................... Pittsburgh, PA....... Federal Building, Room 314, 1000 Liberty Avenue, Pittsburgh, PA 15222- 4181. [[Page 61355]] Wisconsin....................... ........................... Milwaukee, WI........ Federal Building, 517 East Wisconsin Avenue, Room 186, Milwaukee, WI 53202. Wyoming......................... ........................... Denver, CO........... 4730 Paris Street, Albrook Center, Denver, CO 80239- 2804. ---------------------------------------------------------------------------------------------------------------- Submitting Verification Requests to INS A copy of INS Form G-845 is attached, along with a supplemental form that should be used to obtain more detailed information on immigration status, citizenship, and sponsorship. (The supplemental form may only be used in conjunction with Form G-845, not separately.) Requests for verification on Form G-845 may be mailed to the Immigration and Naturalization Service at the addresses listed on the following pages. To speed processing, please indicate ``Attention: Immigration Status Verifier'' on the envelope. The attached form G-845 may be copied for submission to the INS; it should be reproduced as a two-sided document. Additional copies may be obtained in three ways: 1. Request Form G-845 from the INS Forms Distribution Center serving your region: Eastern Forms Center, P.O. Box 567, Williston, VT 05497 (east of the Mississippi River) Forms Center West, 5600 Rickenbacker Road, Building 701A, Bell, CA 90201 (west of the Mississippi River) 2. Download Form G-845 from the Internet: www.usdoj.gov/ins/forms. 3. Call the INS Forms Request Line: 1-800-870-3676. (Due to the high volume of calls to this line, the best time to call is early on weekday mornings.) INS formerly required that Form G-845 be printed on blue paper stock to distinguish it from Form G-845S, which is printed on white paper. Form G-845 may now be submitted on white stock, and existing copies on blue stock may also be submitted during this transition period. As a result of this change, it is particularly important that copies of the forms include the form number at the bottom of the page to allow INS to distinguish between them. When submitting copies of documents with Form G-845, please send copies made from the originals, if possible, in order to enhance the quality of the reproduction. BILLING CODE 4410-10-M [[Page 61356]] [GRAPHIC] [TIFF OMITTED] TN17NO97.000 [[Page 61357]] [GRAPHIC] [TIFF OMITTED] TN17NO97.001 [[Page 61358]] [GRAPHIC] [TIFF OMITTED] TN17NO97.002 [[Page 61359]] [GRAPHIC] [TIFF OMITTED] TN17NO97.003 BILLING CODE 4410-10-C [[Page 61360]] Attachment 2--Nondiscrimination Advisory Various federal civil rights laws, regulations and executive orders prohibit discrimination by governmental and private entities on the basis of race, national origin, gender, religion, age and disability. These laws, of course, apply to entities' implementation of Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the ``Act''). Because of the particular potential for national origin and race discrimination under the Act and its verification requirements, and because persons with disabilities are more likely to need benefits under various public benefit programs, this Advisory focuses on the laws relating to discrimination based on national origin, race and/or disability. Emphasizing these particular laws, however, is in no way meant to minimize the importance of guarding against all forms of illegal discrimination, and you should comply with all nondiscrimination requirements applicable to your program. A. Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d et seq. (``Title VI'') Because Title IV of the Act imposes new and significant restrictions on the ability of noncitizens to receive federal, state or local public benefits, there is particular potential for discrimination on the basis of national origin. It is important to remember that, although the Act limits the benefits available to some aliens, many aliens will continue to be entitled to receive public benefits. If improperly applied, the Act's restrictions may result in national origin discrimination against applicants who are eligible to receive benefits. It is therefore important to understand which aliens are eligible for which benefits. Title VI prohibits discrimination on the basis of race, color, or national origin in any program or activity, whether operated by a state, local or private entity, that receives federal funds or other federal financial assistance. When operating or participating in a federally assisted program, a benefit provider cannot, on the basis of race, color or national origin, either directly or indirectly, including through contractual means, distinguish among individuals in the types, quantity, quality or timeliness of program services, aids or benefits that it provides or the manner in which it provides them. This prohibition applies to disparate treatment, as well as to the utilization of facility neutral procedures, criteria or methods of administration that have the effect of discriminating against individuals because of their race, color, or national origin. Policies and practices that are neutral in design and operation but have a disparate impact based on race, color or national origin must be eliminated unless they are necessary to the program's operation and there is no less discriminatory alternative. Violations of Title VI may be obvious or subtle. A benefit provider that denies benefits or delays determinations of eligibility on the basis of an individual's race, color or national origin may violate Title VI. A benefit provider may violate Title VI if it concludes that applicants are ineligible for benefits because they have ethnic surnames or origins outside the United States, or because they look or sound foreign. It also may violate Title VI if it acts upon the assumption that applicants with these characteristics are illegal aliens, or if it imposes additional eligibility requirements on ethnic or racial minorities because of their ethnicity or race. When confirming immigration status for purposes of determining eligibility for public benefits, benefit providers should be aware that there is no single immigration document that will establish all aliens' qualifications to receive benefits under the Act. The types of documents that an alien will be able to present to establish immigration status will vary depending upon the status in which the alien entered the U.S. and his or her individual circumstances. Demanding that an alien present one specific type of document to the exclusion of all other legally valid documents establishing immigration status, or demanding more or different documentation based on assumptions about the applicant's citizenship or national origin rather than knowledge of such status obtained in a non-discriminatory fashion, may constitute a violation of Title VI. For example, it may be discriminatory to demand that a specific applicant present three documents to establish her identity merely because she speaks Spanish or looks Asian, while allowing English-speaking persons and non-Asians to present only one identity document. It may also violate Title VI to assume, based on an applicant's national origin, that his or her documents are fraudulent. B. Civil Rights Laws Applicable to Persons With Disabilities Sections 504 of the Rehabilitation Act of 1973, 29 U.S.C. 794 (``Section 504''), and the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 et seq., prohibit discrimination on the basis of disability by public entities and recipients of federal funds. Public service providers are required to offer their services in locations that are accessible to applicants with disabilities, including people who use wheelchairs. In addition, service providers must ensure effective communication with applicants who have impaired hearing, vision, or speech, and service providers must make reasonable modifications to their policies and practices to ensure that eligible people with disabilities are not excluded from participation in a program as a result of their disability. Appropriate auxiliary aids may include sign language interpreters for applicants who have hearing impairments or readers or audiotaped materials for applicants who have vision impairments. Applicants who have impaired manual skills may require assistance in completing forms. Citizens, non-citizen nationals and qualified aliens with disabilities may find it difficult to provide the information needed to establish their citizenship, nationality or immigration status. Therefore, if an applicant has a disability that limits the applicant's ability to provide the required evidence of status (e.g., mental retardation, amnesia, or other cognitive, mental or physical impairment), you should make every effort to assist the individual to obtain the required evidence. You should work with the applicant or his or her representative to obtain leads for possible sources of evidence. In many cases, a current or prior employer will have employment records for the individual that will identify his or her immigration status and provide other relevant information. You should also seek cooperation from local agencies, the INS and other organizations (e.g., rehabilitation programs, advocacy groups and homeless shelters) to assist the individual in obtaining evidence from existing records. If the applicant has been granted another benefit that is contingent upon being a U.S. citizen, U.S. non- citizen national or qualified alien, contact that benefit-granting agency to determine what evidence it relied upon to establish eligibility. When conducting a search for documentation, use all possible spelling variations of the applicant's name. C. Other Applicable Federal Civil Rights Laws There are a number of other federal civil rights laws that prohibit [[Page 61361]] discrimination based on other characteristics. They include the following: The Age Discrimination Act of 1975, 42 U.S.C. 6101 et seq. The Age Discrimination Act prohibits discrimination on the basis of age in programs or activities receiving federal financial assistance. There are specific exceptions to the general prohibition against age discrimination, however, and you should consult the statute, 42 U.S.C. 6101 et seq., as well as the regulations published by the Department of Health and Human Services, 45 CFR part 90, for further information The Fair Housing Act, 42 U.S.C. 3601 et seq. The Fair Housing Act prohibits discrimination in the provision of housing based on race, color, religion, sex, familial status, national origin or handicap. D. Contact Numbers Benefit providers with questions may call the following numbers for information on the various federal civil rights laws: Title VI--U.S. Department of Justice, Civil Rights Division, Coordination and Review Section, 1-888-TITLE-06 (1-888-848-5306). ADA--U.S. Department of Justice, Civil Rights Division, Disability Rights Section, 1-800-514-0301 (voice) or 1-800-514-0383 (TDD). Age Discrimination Act--U.S. Department of Health and Human Services, 1-800-368-1019. Fair Housing Act--U.S. Department of Housing and Urban Development, 1-800-669-9777 (voice) or 1-800-927-9275 (TDD). Questions regarding discrimination in immigration status verification procedures or other benefit-granting procedures can be referred to the civil rights office of the pertinent benefit-granting agency. Such questions can also be referred to the Office of Special Counsel for Immigration Related Unfair Employment Practices in the Civil Rights Division of the U.S. Department of Justice, 1-800-255-8155 (voice) or 1-800-237-2515 (TDD). Attachment 3--Federal Public Benefits Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the ``Act'') applies only to non-exempted ``federal public benefits'' as defined by the Act, rather than to all federally funded programs. (It also applies to certain state and local public benefits, which are not the subject of this Attachment.) Under the Act, benefit providers are only required to verify the immigration status of applicants for benefits that fall within the Act's definition of ``federal public benefits'' and are not specifically exempted from the Act's requirements. (If the program independently requires benefit providers to verify the citizenship, nationality and/or immigration status of an applicant, however, you should continue to comply with such requirements even if the program does not provide a ``federal public benefit'' covered by the Act.) Set forth below is preliminary guidance on the meaning of ``federal public benefit,'' as well as a summary of the benefits specifically exempted from the Act's verification requirements. If you have any questions as to whether a particular program provides a federal public benefit covered by the Act or a benefit that is exempted from the Act's requirements, you should consult with the federal agency or department that oversees the program. Federal Public Benefit: A ``federal public benefit'' is: (a) Any grant, contract, loan, professional license, or commercial license provided by an agency of the United States or by appropriated funds of the United States; or (b) Any retirement, welfare, health, disability, public or assisted housing, post-secondary education, food assistance, unemployment benefit, or any other similar benefit for which payments or assistance are provided to an individual, household, or family eligibility unit by an agency of the United States or by appropriated funds of the United States. Subject to the list of exceptions set forth below, Title IV of the Act precludes all aliens who are not ``qualified aliens'' from receiving any ``federal public benefit.'' In determining whether a program provides a ``federal public benefit,'' you should first consider whether the program provides one of the benefits expressly enumerated in either (a) or (b) above. Under (a), if your program provides a ``grant,'' ``contract,'' ``loan,'' ``professional license,'' or ``commercial license'' to an individual, either through a U.S. agency or with U.S. appropriated funds, then you provide a ``federal public benefit.'' If you do not provide a benefit of the type enumerated in (a), you should then go on to consider whether your program provides a benefit covered by (b). To fall within (b), the benefit provided by your program must be one of the types of benefits described (``retirement,'' ``welfare,'' ``health,'' ``disability,'' ``public or assisted housing,'' ``post- secondary education,'' ``food assistance,'' ``unemployment benefit,'' or ``any other similar benefit''), it must be ``provided by an agency of the United States or by appropriated funds of the United States,'' and it must be provided to one of the enumerated categories of recipients (an ``individual household, or family eligibility unit''). Thus, for example, if you provide an ``unemployment benefit'' to an ``individual, household, or family eligibility unit'' using ``appropriated funds of the United States,'' the definition is satisfied. In contrast, if you provide generally available services such as fire or ambulance services, or do not provide benefits to an ``individual, household, or family eligibility unit,'' or do not provide benefits through an ``agency of the United States'' or with ``appropriated funds of the United States,'' the definition does not apply. If your program provides payments or assistance to an individual, household or family eligibility unit through a U.S. agency or by U.S. appropriated funds, but the benefits are not expressly enumerated above, you should consider whether the benefits are ``similiar'' to one of the benefits enumerated in (b). If you believe that the benefit is arguably similar to an enumerated benefit, you should consult with the federal agency or department that oversees your program to confirm that the benefit constitutes a federal public benefit covered by the Act. Finally, you should consider who is actually receiving the benefits that you provide. Although the Act prohibits certain aliens from receiving non-exempted ``federal public benefits,'' it does not prohibit governmental or private entities from receiving federal public benefits that they might then use to provide assistance to aliens, so long as the benefit ultimately provided to the non-qualified aliens does not itself constitute a ``federal public benefit.'' Thus, if a local agency were to receive a ``grant'' (which is expressly identified as a federal public benefit), but the agency uses it to provide police services, fire protection or crime victim counseling (which are not federal public benefits under the Act's definition because they are not similar to an enumerated benefit), the prohibition would not apply. Similarly, if you provide a ``grant'' to a community organization (which is not an ``individual, household or family eligibility unit'') that uses the funds to build a library or renovate a park (which are not federal public benefits under the Act's definition), the prohibition would not apply. In contrast, if the agency uses the ``grant'' to provide a ``federal public benefit''--e.g., a ``loan'' or ``welfare'' [[Page 61362]] payment to a poor ``individual, household or family eligibility unit''--then the prohibition would apply and non-qualified aliens would be ineligible for such benefits. Exceptions: The Act's verification requirements do not apply to all ``federal public benefits,'' as the Act specifically exempts certain types of benefits. If a program provides ``federal public benefits'' that fall within one of the following exceptions, the program provider is not required by this Act to, and should not attempt to, verify an applicant's immigration status, unless otherwise required or authorized to do so by federal law, except to the extent necessary to determine whether the exemption applies: Benefits covered by Attorney General Order No. 2049, 61 FR 45985 (1996), or any subsequent order, re: government-funded community programs, services or assistance that are necessary for protection of life or safety; Any wages, pensions, annuities, or other earned payments to which an alien is entitled as a result of federal, state, or local government employment, provided that the alien is not residing or present in the United States and provided that the employment was not prohibited under the immigration laws; Any veterans benefits to which an alien is entitled, provided that the alien is not residing or present in the United States; Any contract, professional license, or commercial license for a nonimmigrant whose visa for entry is related to such employment in the U.S.; Any contract, professional license, or commercial license for a citizen of a freely associated state (Palau, the Federated States of Micronesia, and the Marshall Islands), if section 141 of the applicable compact of free association is in effect; Any benefits that the U.S. is required to pay under the reciprocal treaty agreements listed in the forthcoming Attorney General Order to a work authorized nonimmigrant or alien lawfully admitted for permanent residence qualified for such benefits; Medical assistance under Title XIX of the Social Security Act (or any successor program to such Title) for care and services that are necessary for the treatment of an emergency medical condition (as defined in section 1903(v)(3) of such Act) of the alien involved and that are not related to an organ transplant procedure, if the alien involved otherwise meets the eligibility requirements for medical assistance under the state plan approved under such Title (other than the requirement of the receipt of aid or assistance under Title IV of such Act, SSI benefits under Title XVI of such Act, or a state supplementary payment); Short-term, non-cash, in-kind emergency disaster relief; Public health assistance (not including any assistance under Title XIX of the Social Security Act) for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; Programs for housing or community development assistance or financial assistance administered by the Secretary of Housing and Urban Development (``HUD''), any program under Title V of the Housing Act of 1949, or any assistance under section 306C of the Consolidated Farm and Rural Development Act, to the extent that the alien is receiving such a benefit on August 22, 1996; Any benefit payable under Title II of the Social Security Act to which entitlement is based on an application filed on or before August 31, 1996, and any benefit covered by Attorney General Order No. 2054, 61 FR 47039 (1996), re: benefits payable under Title II of the Social Security Act to an alien who is lawfully present in the U.S.; Any benefit the nonpayment of which would contravene an international agreement described in section 233 of the Social Security Act (an agreement establishing totalization arrangements between the social security system of the U.S. and that of any foreign country which establishes entitlement to and the amount of old-age, survivors, disability, or derivative benefits based on an individual's coverage under both systems); Any benefit the nonpayment of which would be contrary to section 202(t) of the Social Security Act; Any benefit under the school lunch program under the National School Lunch Act, 42 U.S.C. 1751 et seq., or the school breakfast program under section 4 of the Child Nutrition Act of 1966, 42 U.S.C. 1773, provided to an individual who is eligible to receive free public education benefits under state or local law; Any benefit payable under Title XVIII of the Social Security Act (relating to the Medicare program) to an alien who is lawfully present in the U.S., as determined by the Attorney General, provided that, with respect to the attribution of the alien's wages for purposes of eligibility for benefits payable under Part A of such program, the alien was authorized to be employed; and Any benefit payable under the Railroad Retirement Act of 1974 or the Railroad Unemployment Insurance Act to an alien who is lawfully present in the U.S., as determined by the Attorney General, or to an alien residing outside the U.S. State Option: Each State may, but is not required to, provide benefits under programs established under the laws listed below to individuals who are not U.S. citizens, U.S. non-citizen nationals or qualified aliens. You should determine whether your State is providing such benefits to all persons, regardless of citizenship, alienage or immigration status, or whether it is providing them only to U.S. citizens, U.S. non-citizen nationals and qualified aliens. If your State is providing such benefits to all persons, you should not verify citizenship or immigration status; if it is limiting such benefits to citizens, non-citizen nationals and qualified aliens, you may want to use the Interim Guidance, in consultation with state and local authorities, to verify citizenship and immigration status. Programs (other than the school lunch program and the school breakfast program) under the National School Lunch Act, 42 U.S.C. 1751 et seq., and the Child Nutrition Act of 1966, 42 U.S.C. 1771 et seq.; Section 4 of the Agriculture and Consumer Protection Act of 1973, 7 U.S.C. 612c note; The Emergency Food Assistance Act of 1983, 7 U.S.C. 7501 et seq.; and The food distribution program on Indian reservations established under section 4(b) of the Food Stamp Act of 1977, 7 U.S.C. 2013(b). Attachment 4--Interim Guidance Documentary Evidence of Status as a U.S. Non-Citizen National Copies of the following documents will, when combined with satisfactory proof of identity (which will come from the document itself if it bears a photograph of the person to whom it relates), demonstrate that a person is a U.S. citizen or non-citizen national for purposes of Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. (To the extent citizenship or nationality of a child is relevant to a benefit eligibility determination, the documents should demonstrate the child's status rather than that of the parent.) The lists set forth in Paragraphs A and B below are drawn from existing guidance published by the Social Security Administration (``SSA'') and regulations issued by the Immigration and [[Page 61363]] Naturalization Service (``INS'') regarding determination of U.S. citizenship and nationality; the lists in Paragraphs C through F are drawn solely from the SSA guidance. These lists are not exhaustive; you should refer to guidance issued by the agency or department overseeing your program to determine if it accepts documents or other evidence of citizenship not listed below. A. Primary Evidence A birth certificate showing birth in one of the 50 States, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917), American Samoa, Swain's Island or the Northern Mariana Islands, unless the person was born to foreign diplomats residing in the U.S. Note: If the document shows that the individual was born in Puerto Rico, the U.S. Virgin Islands or the Northern Mariana Islands before these areas became part of the U.S., the individual may be a collectively naturalized citizen--see Paragraph C below. United States passport (except limited passports, which are issued for periods of less than five years); Report of birth abroad of a U.S. citizen (FS-240) (issued by the Department of State to U.S. citizens); Certificate of birth (FS-545) (issued by a foreign service post) or Certification of Report of Birth (DS-1350) (issued by the Department of State), copies of which are available from the Department of State; Certificate of Naturalization (N-550 or N-570) (issued by the INS through a Federal or State court, or through administrative naturalization after December 1990 to individuals who are individually naturalized; the N-570 is a replacement certificate issued when the N- 550 has been lost or mutilated or the individual's name has been changed); Certificate of Citizenship (N-560 or N-561) (issued by the INS to individuals who derive U.S. citizenship through a parent; the N- 561 is a replacement certificate issued when the N-560 has been lost or mutilated or the individual's name has been changed); United States Citizen Identification Card (I-197) (issued by the INS until April 7, 1983 to U.S. citizens living near the Canadian or Mexican border who needed it for frequent border crossings) (formerly Form I-179, last issued in February 1974); Northern Mariana Identification Card (issued by the INS to a collectively naturalized citizen of the U.S. who was born in the Northern Mariana Islands before November 3, 1986); Statement provided by a U.S. consular officer certifying that the individual is a U.S. citizen (this is given to an individual born outside the U.S. who derives citizenship through a parent but does not have an FS-240, FS-545 or DS-1350); or American Indian Card with a classification code ``KIC'' and a statement on the back (identifying U.S. citizen members of the Texas Band of Kickapoos living near the U.S./Mexican border). B. Secondary Evidence If the applicant cannot present one of the documents listed in A above, the following may be relied upon to establish U.S. citizenship or nationality: Religious record recorded in one of the 50 States, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917)), American Samoa, Swain's Island or the Northern Mariana Islands (unless the person was born to foreign diplomats residing in such a jurisdication) within three months after birth showing that the birth occurred in such jurisdiction and the date of birth or the individual's age at the time the record was made; Evidence of civil service employment by the U.S. government before June 1, 1976; Early school records (preferably from the first school) showing the date of admission to the school, the child's date and place of birth, and the name(s) and place(s) of birth of the parent(s); Census record showing name, U.S. citizenship or a U.S. place of birth, and date of birth or age of applicant; Adoption Finalization Papers showing the child's name and place of birth in one of the 50 States, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917), American Samoa, Swain's Island or the Northern Mariana Islands (unless the person was born to foreign diplomats residing in such a jurisdiction) or, where or adoption is not finalized and the State or other jurisdiction listed above in which the child was born will not release a birth certificate prior to final adoption, a statement from a state-approved adoption agency showing the child's name and place of birth in one of such jurisdictions (NOTE: the source of the information must be an original birth certificate and must be indicated in the statement); or Any other document that establishes a U.S. place of birth or in some way indicates U.S. citizenship (e.g., a contemporaneous hospital record of birth in that hospital in one of the 50 States, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam, the U.S. Virgin Islands (on or after January 17, 1917), American Samoa, Swain's Island or the Northern Mariana Islands (unless the person was born to foreign diplomats residing in such a jurisdiction). C. Collective Naturalization If the applicant cannot present one of the documents listed in A or B above, the following will establish U.S. citizenship for collectively naturalized individuals: Puerto Rico: Evidence of birth in Puerto Rico on or after April 11, 1899 and the applicant's statement that he or she was residing in the U.S., a U.S. possession or Puerto Rico on January 13, 1941; or Evidence that the applicant was a Puerto Rican citizen and the applicant's statement that he or she was residing in Puerto Rico on March 1, 1917 and that he or she did not take an oath of allegiance to Spain. U.S. Virgin Islands: Evidence of birth in the U.S. Virgin Islands, and the applicant's statement of residence in the U.S., a U.S. possession or the U.S. Virgin Islands on February 25, 1927; The applicant's statement indicating resident in the U.S. Virgin Islands as a Danish citizen on January 17, 1917 and residence in the U.S., a U.S. possession or the U.S. Virgin Islands on February 25, 1927, and that he or she did not make a declaration to maintain Danish citizenship; or Evidence of birth in the U.S. Virgin Islands and the applicant's statement indicating residence in the U.S., a U.S. possession or territory or the Canal Zone on June 28, 1932. Northern Mariana Islands (NMI) (formerly part of the Trust Territory of the Pacific Islands (TTPI)): Evidence of birth in the NMI, TTPI citizenship and residence in the NMI, the U.S., or a U.S. territory or possession on November 3, 1986 (NMI local time) and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time); Evidence of TTPI citizenship, continuous residence in the NMI since before November 3, 1981 (NMI local time), voter registration prior to January 1, 1975 and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time); or Evidence of continuous domicile in the NMI since before January 1, 1974 and the applicant's statement that he or she did not owe allegiance to a foreign state on November 4, 1986 (NMI local time). [[Page 61364]] Note: If a person entered the NMI as a nonimmigrant and lived in the NMI since January 1, 1974, this does not constitute continuous domicile and the individual is not a U.S. citizen. D. Derivative Citizenship If the applicant cannot present one of the documents listed in A or B above, you should make a determination of derivative U.S. citizenship in the following situations: Applicant born abroad to two U.S. citizen parents: Evidence of the U.S. citizenship of the parents and the relationship of the applicant to the parents, and evidence that at least one parent resided in the U.S. or an outlying possession prior to the applicant's birth. Applicant born abroad to a U.S. citizen parent and a U.S. non- citizen national parent: Evidence that one parent is a U.S. citizen and that the other is a U.S. non-citizen national, evidence of the relationship of the applicant to the U.S. citizen parent, and evidence that the U.S. citizen parent resided in the U.S., a U.S. possession, American Samoa or Swain's Island for a period of at least one year prior to the applicant's birth. Applicant born out of wedlock abroad to a U.S. citizen mother: Evidence of the U.S. citizenship of the mother, evidence of the relationship to the applicant and, for births on or before December 24, 1952, evidence that the mother resided in the U.S. prior to the applicant's birth or, for births after December 24, 1952, evidence that the mother had resided, prior to the child's birth, in the U.S. or a U.S. possession for a period of one year. Applicant born in the Canal Zone or the Republic of Panama: A birth certificate showing birth in the Canal Zone on or after February 26, 1904 and before October 1, 1979 and evidence that one parent was a U.S. citizen at the time of the applicant's birth; or A birth certificate showing birth in the Republic of Panama on or after February 26, 1904 and before October 1, 1979 and evidence that at least one parent was a U.S. citizen and employed by the U.S. government or the Panama Railroad Company or its successor in title. All other situations where an applicant claims to have a U.S. citizen parent and an alien parent, or claims to fall within one of the above categories but is unable to present the listed documentation: If the applicant is in the U.S., refer him or her to the local INS office for determination of U.S. citizenship; If the applicant is outside the U.S., refer him or her to the State Department for a U.S. citizenship determination. E. Adoption of Foreign-Born Child by U.S. Citizen If the birth certificate shows a foreign place of birth and the applicant cannot be determined to be a naturalized citizen under any of the above criteria, obtain other evidence of U.S. citizenship; Since foreign-born adopted children do not automatically acquire U.S. citizenship by virtue of adoption by U.S. citizens, refer the applicant to the local INS district office for a determination of U.S. citizenship if the applicant provides no evidence of U.S. citizenship. F. U.S. Citizenship By Marriage A woman acquired U.S. citizenship through marriage to a U.S. citizen before September 22, 1922. Ask for: Evidence of U.S. citizenship of the husband, and evidence showing the marriage occurred before September 22, 1922. Note: If the husband was an alien at the time of the marriage, and became naturalized before September 22, 1922, the wife also acquired naturalized citizenship. If the marriage terminated, the wife maintained her U.S. citizenship if she was residing in the U.S. at that time and continued to reside in the U.S. G. Applicants With Disabilities and Nondiscrimination If an applicant has a disability that limits the applicant's ability to provide the required evidence of citizenship or nationality (e.g., mental retardation, amnesia, or other cognitive, mental or physical impairment), you should make every effort to assist the individual to obtain the required evidence. In addition, you should not discriminate against applicants on the basis of race, national origin, gender, religion, age or disability. See Nondiscrimination Advisory, Attachment 2 to Interim Guidance. Attachment 5--Interim Guidance--Documentary Evidence of Status as A ``Qualified Alien'' Eligible for Federal Public Benefits The documents listed below (descriptions of which are provided in Exhibit A) will, when combined with satisfactory proof of identity (which will come from the document itself if it bears a photograph of the person to whom it relates), establish that an applicant falls within one of the categories of ``qualified alien'' for purposes of title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Under the Immigration and Nationality Act (the ``INA''), all aliens over the age of 14 who remain in the United States for longer than 30 days are required to register with the Immigration and Naturalization Service (the ``INS'') and obtain an alien registration document. All aliens over the age of 18 who receive a registration document are required to carry it with them at all times. With certain exceptions (e.g., Canadian visitors), aliens entering the U.S. are normally issued a registration document (e.g., an INS Form I-94) at the time of entry. The documents listed below that are registration documents are indicated with an asterisk (``*''). Each of the documents listed below will demonstrate lawful status, and you should not require presentation of a registration document if the applicant presents one of the other legally acceptable documents that reasonably appears on its face to be genuine and to relate to the person presenting it. However, if the document presented is not a registration document and does not on its face reasonably appear to be genuine or to relate to the person presenting it, it is appropriate to ask the applicant to produce his or her registration document as additional evidence of immigration status, so long as the request is not made for a discriminatory reason (see Nondiscrimination Advisory, Attachment 2 to Interim Guidance). Presentation of a registration document listed below that reasonably appears on its face to be genuine and to relate to the person presenting it (or to satisfy a higher applicable standard) will often obviate the need to verify the applicant's immigration status with the INS; if the applicant presents a registration document that does not meet this standard, sending the INS a copy of the document will assist it in verifying the applicant's status quickly and accurately. Alien Lawfully Admitted for Permanent Residence *INS Form I-551 (Alien Registration Receipt Card, commonly known as a ``green card''); or Unexpired Temporary I-551 stamp in foreign passport or on *INS Form I-94. Asylee *INS Form I-94 annotated with stamp showing grant of asylum under section 208 of the INA; [[Page 61365]] *INS Form I-688B (Employment Authorization Card) annotated ``274a.12(a)(5)''; *INS Form I-766 (Employment Authorization Document) annotated ``A5''; Grant letter from the Asylum Office of INS;or Order of an immigration judge granting asylum. Refugee *INS Form I-94 annotated with stamp showing admission under Sec. 207 of the INA; *INS Form I-688B (Employment Authorization Card) annotated ``274a.12(a)(3)''; *INS Form I-766 (Employment Authorization Document) annotated ``A3''; or INS Form I-571 (Refugee Travel Document). Alien Paroled Into the U.S. for a Least One Year *INS Form I-94 with stamp showing admission for at least one year under section 212(d)(5) of the INA. (Applicant cannot aggregate periods of admission for less than one year to meet the one- year requirement.) Alien Whose Deportation or Removal Was Withheld *INS Form I-688B (Employment Authorization Card) annotated ``274a.12(a)(10)''; *INS Form I-766 (Employment Authorization Document) annotated ``A10''; or Order from an immigration judge showing deportation withheld under Sec. 243(h) of the INA as in effect prior to April 1, 1997, or removal withheld under Sec. 241(b)(3) of the INA. Alien Granted Conditional Entry *INS Form I-94 with stamp showing admission under Sec. 203(a)(7) of the INA; *INS Form I-688B (Employment Authorization Card) annotated ``274a.12(a)(3)''; or *INS Form I-766 (Employment Authorization Document) annotated ``A3.'' Cuban/Haitian Entrant *INS Form I-551 (Alien Registration Receipt Card, commonly known as a ``green card'') with the code CU6, CU7, or CH6; Unexpired temporary I-551 stamp in foreign passport or on *INS Form I-94 with the code CU6 or CU7; or INS Form I-94 with stamp showing parole as ``Cuba/Haitian Entrant'' under Section 212(d)(5) of the INA. Alien Who Has Been Battered or Subjected to Extreme Cruelty Guidance as to the requirements that must be met for an alien to fall within this category of qualified alien is set forth in Exhibit B. Note that Title IV, as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, contains provisions requiring that, upon the effective date of the new affidavit of support (required under section 213A of the Act), when determining eligibility for federal means-tested public benefits and the amount of such benefits to which an alien is entitled, the income and resources of the alien be deemed to include those of any person executing an affidavit of support on behalf of the alien and that person's spouse. Certain exceptions are made for indigent qualified aliens and for qualified aliens who (or whose children) have been battered or subjected to extreme cruelty in the U.S. by a spouse, parent or member of the spouse or parent's family and for qualified alien children whose parents have been subjected to such abuse. See Attachment 5, Exhibit B, Section II. Expired or Absent Documentation If an applicant presents expired documents or is unable to present any documentation evidencing his or her immigration status, refer the applicant to the local INS office to obtain documentation of status. In unusual cases involving applicants who are hospitalized or medically disabled, or who can otherwise show good cause for their inability to present documentation, and for whom securing such documentation would constitute an undue hardship, if the applicant can provide an alien registration number, you may file INS Form G-845 and Supplement, along with the alien registration number and a copy of any expired INS document presented, with the local INS office to verify status. As with any documentation of immigration status, you should confirm that the status information you receive back from INS pertains to the applicant whose identity you have verified. Receipt for Replacement Document If an applicant presents a receipt indicating that he or she has applied to the INS for a replacement document for one of the documents identified above, file INS Form G-845 and Supplement along with a copy of the receipt with the local INS office to verify status. Upon return receipt of information from INS, confirm that it pertains to the applicant whose identity you have verified. You should ask to see the replacement document at a later date. Applicants with Disabilities and Nondiscrimination If an applicant has a disability that limits the applicant's ability to provide the required evidence of immigration status (.e.g., mental retardation, amnesia, or other cognitive, mental or physical impairment), you should make every effort to assist the individual to obtain the required evidence. In addition, you should not discriminate against applicants on the basis of race, national origin, gender, religion, age or disability. See Nondiscrimination Advisory, Attachment 2 to Interim Guidance. Local INS Offices A list of local INS offices and their addresses is set forth in Attachment 1 to the Interim Guidance. Attachment 1 also includes a copy of INS Form G-845 and the Supplement thereto to be used to verify immigration status pursuant to the Interim Guidance. EXHIBIT A TO ATTACHMENT 5 ``PINK'' I-551 ``RESIDENT ALIEN'' CARD FRONT: Pink background (blue header bar); blue INS seal overlaps photo area. Repeating ``I-551'' becomes visible when card is tilted under normal light. Expiration date on front of card: Moth, day, and year. BACK: Color gradually changes from pink to blue, with map of U.S. in white. Three lines of machine readable printing at bottom on white background. Immigrant classification and admission/adjustment date on back of card. First set of code is immigrant classification, beginning with letter(s) followed by numbers(s). Third set of code is admission/adjustment date, beginning with year, month, and day. ``WHITE'' I-551 ``RESIDENT ALIEN'' CARD FRONT: White background (blue header bar); salmon lines cover the photo in an unbroken pattern. Printing ``detail'' in eagle is excellent. Immigrant classification is on front of card in lower right corner, beginning with letter(s) followed by number(s). BACK: Pale greenish background, map of U.S. in white. Three lines of machine readable codes. Admission/adjustment date is at bottom, left corner on back of card, beginning with year, month, and day. UNEXPIRED FOREIGN PASSPORT WITH I-551 STAMP An I-551 stamp may be present in a foreign passport, with a handwritten ``Valid Until'' date. A proof of entry and inspection stamp will also present in the passport, similar to the stamp for an I-94. Date of entry is stamped. Immigrant visa classification (letter and number) is printed or stamped on ``Admitted'' line. Valid status expires on date enumerated at ``Until'' section of I- 551 stamp. The alien number may be printed beginning with letter A. [[Page 61366]] I-94 ARRIVAL/DEPARTURE RECORD Proof of entry is signified by U.S. immigration stamp. Date of entry is stamped. Non-immigrant visa classification (letter or letter and number) is printed or stamped on ``Admitted'' line. Valid status expires on date enumerated at ``Until'' section of stamp. Refugees and asylees each receive a separate INS stamp. Asylum seekers have ``valid to'' date, while refugees have a date of admission. ``RED'' I-688B ``EMPLOYMENT AUTHORIZATION'' FRONT: White background, read header bar and yellow interlocking wavy lines, gold INS seal becomes visible when tilted under normal light. Expiration date is on front, month, day, and year. BACK: Red outline of U.S., Alaska, and Hawaii. The word ``Void'' is capitalized and underlined. ``RED'' I-766 ``EMPLOYMENT AUTHORIZATION'' FRONT: White background, red header bar. Statue of Liberty, USA, and Immigration and Naturalization Service symbols become visible when tilted under normal light. Expiration date is at bottom, right corner. Non-immigrant category listed over justice seal by a letter and number abbreviation of the 274A.12 immigration law citation. BACK: White background, black magnetic strip and bar code. DECISION GRANTING ASYLUM Documents issued to aliens, granted asylum vary. REFUGEE TRAVEL DOCUMENT FORM I-571 Form I-571 is issued by the INS to aliens who have been granted refugee status. ORDER GRANTING WITHHOLDING OF DEPORTATION The documents used by immigration judges to grant withholding of deportation vary. EXHIBIT B TO ATTACHMENT 5--ALIENS WHO HAVE BEEN BATTERED OR SUBJECTED TO EXTREME CRUELTY WITHIN THE MEANING OF SECTION 431 OF THE ACT INTRODUCTION Section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the ``Act''), as amended by section 501 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (the ``Immigration Act'') and sections 5571-72 and 5581 of the Balanced Budget Act of 1997 (``the Budget Act''), provides that certain categories of aliens who have been subjected to battery or extreme cruelty in the United States by a family member with whom they resided are ``qualified aliens'' eligible for public benefits under the Act. An alien whose child or an alien child whose parent has been abused is also a ``qualified alien.'' Additionally, section 421 of the Act, as amended by section 552 of the Immigration Act and section 5571 of the Budget Act, exempts this group of battered aliens from the Act's new deeming requirements for a period of one year, and for longer if the battery or cruelty has been recognized in an order of a judicial officer or an administrative law judge or in an Immigration and Naturalization Service (``INS'') determination. CONSIDERATIONS AFFECTING ALL APPLICANTS Benfit providers should observe the following protocol with regard to all applicants who seek qualified alien status under section 431(c) of the Act: (1) This Exhibit should be interpreted consistently with the principles set forth in the Interim Guidance, including, but not limited to, its standards for acceptance of documents demonstrating status, its nondiscrimination advisory and its provisions regarding whether to grant or withhold benefits pending verification of qualified alien status. In addition, as specified in the Interim Guidance, a provider should determine whether an applicant otherwise meets specific program requirements for benefit eligibility before initiating the verification process described below, unless determining program eligibility would be considerably more complex and time-consuming than verifying immigration status. (In the case of providers who are considering referring individual applicants to the Social Security Administration for issuance of a Social Security number, the provider should first determine that the applicant is otherwise eligible for program benefits.) (2) Many of the applicants seeking assistance pursuant to this provision will need assistance on various matters relating to both their immigration status and their domestic violence-related concerns. You should therefore direct applicants to the INS forms request line (1-800-870-3676) so that applicants who are eligible to self-petition under the Violence Against Women Act, 8 U.S.C. 1154(a)(1), but have yet to do so, may request an INS Form I-360 and filing instructions. You should also refer them to the National Domestic Violence Hotline (1-800-799-7233) so that applicants may obtain assistance from a local domestic violence service provider and referrals to immigration attorneys. (A copy of INS Form I-360 is attached to this Exhibit). (3) Except where this attachment directs otherwise, when asking the INS or the Executive Office for Immigration Review (``EOIR'') to verify an applicant's immigration status, a benefit provider should submit a verification request form. Sample INS and EOIR verification forms (hereinafter ``the INS Request Form'' and ``the EOIR Request Form'' respectively) are attached hereto. These samples must be replicated and submitted on your agency's letterhead in order for INS or EOIR to provide verification information. The INS Request Form should be faxed to the INS Vermont Service Center (fax: (802) 527-3159; tel: (802) 527-3160); the EOIR Request Form should be faxed to the office of the appropriate immigration court (a list of the immigration courts and their addresses, fax numbers and telephone numbers is also attached to this Exhibit). In certain limited circumstances described below, the benefit provider should submit its verification request by filing INS Form G-845 and the G- 845 Supplement with the local INS office. Attachment 1 to the Interim Guidance includes a copy of INS Form G-845 and the G-845 Supplement to be used as indicated below, as well as a list of local INS offices. (4) You should not share any information that you receive from or regarding the applicant with any member of his or her family or any other third party, without the express written permission of the applicant. I. PROCEDURES FOR DETERMINING QUALIFIED ALIEN STATUS An alien is a ``qualified alien'' eligible for public benefits under section 431(c) of the Act if he or she meets the following four requirements: (1) the INS or the EOIR has granted a petition or application filed by or on behalf of the alien, the alien's child, or the alien child's parent under one of several subsections of the Immigration and Nationality Act (``INA'') described below or has found that a pending petition sets forth a prima facie case; (2) the alien, the alien's child, or the alien child's parent has been abused in the United States \1\ as detailed below: --------------------------------------------------------------------------- \1\ Some applicants may possess documents demonstrating that they have been admitted to the United States because of battery or extreme cruelty that occurred outside of the United States, but this is insufficient by itself to make them eligible for benefits under section 431(c). Section 431(c) does not apply unless some battery or extreme cruelty occurred in the United States. --------------------------------------------------------------------------- (a) in the case of the abused alien: the alien has been battered or subjected to extreme cruelty in the United States by a spouse or parent of the alien, or by a member of the spouse or parent's family residing in the same household as the alien, if the spouse or parent consents to or acquiesces in such battery or cruelty; (b) in the case of an alien whose child is abused: the alien's child has been battered or subjected to extreme cruelty in the United States by a spouse or parent of the alien, or by a member of the spouse or parent's family residing in the same household as the alien if the spouse or parent consents to or acquiesces in such battery or cruelty, and the alien did not actively participate in the batter or cruelty; (c) in the case of an alien child whose parent is abused: the alien child's parent has been battered or subjected to extreme cruelty in the United States by the parent's spouse, or by a member of the spouse's family residing in the same household as the parent, if the spouse consents to or acquiesces in such battery or cruelty; (3) there is a substantial connection between the battery or extreme cruelty and the need for the public benefit sought; and (4) the battered alien, child, or parent no longer resides in the same household as the abuser. Each of these four requirements, and processes for assuring that an applicant meets these requirements, are discussed in detail below. (In addition to these four requirements, the alien must of course meet the eligibility criteria of the particular [[Page 61367]] program from which benefits are sought.) A benefit provider must determine that an applicant satisfies all four requirements. If an applicant presents documentation indicating that an INS I-130 petition has been filed on the applicant's behalf under the INA provisions listed in subparagraph (a) of requirement one below, or that the applicant has filed an INS I-360 petition under the INA provisions listed in subparagraph (b) of requirement one below, the benefit provider should determine whether the applicant meets the other three requirements for qualified alien status (including battery or extreme cruelty) before verifying his or her immigration status with the INS. If an applicant presents documentation indicating that he or she has filed an INS I-360 petition based on one of the INA provisions listed in subparagraph (c) or (d) of requirement one below, or has sought suspension of deportation or cancellation of removal from the EOIR under one of the INA provisions listed in subparagraph (e) of requirement one below, INS or EOIR will make the determination as to battery or extreme cruelty. In such cases, the benefit provider may contact the INS or the EOIR as applicable to initiate the verification process prior to determining if the applicant meets the other two requirements for qualified alien status. After contacting the INS or the EOIR, the benefit provider should continue reviewing the applicant's eligibility for qualified alien status under requirements three and four below, and should not delay this evaluation while awaiting a response from the INS or the EOIR. Requirement 1: Appropriate INS Status. You must determine that the INS or the EOIR, as applicable, has approved an applicant's petition or application or has found that the applicant's pending petition or application sets forth a prima facie case, under one of the following provisions of the INA: (a) Section 204(a)(1)(A)(i) and 204(a)(1)(B)(i) of the INA (governing eligibility to receive law permanent resident (``LPR'') status as a spouse or child of a U.S. citizen, or as a spouse, child or unmarried son or daughter of an LPR, based on the petition of a spouse or parent); (b) Section 204(a)(1)(A)(ii) of the INA (governing eligibility to apply for LPR status as an alien who is the widow or widower of a U.S. citizen to whom the alien had been married for at least two years at the time of such citizen's death); (c) Sections 204(a)(1)(A)(iii) and 204(a)(1)(B)(ii) of the INA (governing eligibility to apply for LPR status as an alien who is the spouse of a U.S. citizen or LPR, who has resided with the spouse in the United States, and who (or whose child) has been subjected to battery or cruelty in the United States by his or her spouse); (d) Sections 204(a)(1)(A)(iv) and 204(a)(1)(B)(iii) of the INA (governing eligibility to apply LPR status as an alien who is the child of a U.S. citizen or LPR, and who has resided with that parent in the United States and been subjected to battery or cruelty in the United States by his or her citizen or LPR parent); or Section 244(a)(3) of the INA as in effect prior to April 1, 1997, or section 204A(b)(2) of the INA (governing the Attorney General's authority to suspend deportation or cancel the removal and adjust the status of an alien if the alien or the alien's child has been subjected to battery or extreme cruelty in the United States by a spouse or parent who is a U.S. citizen or LPR).\2\ Note: Only this provision of the INA allows the alien parent of a battered child to obtain relief from deportation or removal even if he or she is not married to the U.S. citizen or LPR parent. This includes aliens who were never married to the U.S. citizen or LPR parent, aliens who are divorced from the U.S. citizen or LPR. Under the provisions described in (a)-(d) above, the alien must have been married to the U.S. citizen or LPR spouse at the time the petition was filed. Unmarried children of U.S. citizen or LPRs less than 21 years of age may petition for admission as a battered child under the provision described in (a) or (d) at any time, regardless of their parents' marital status. --------------------------------------------------------------------------- \2\ While this provision includes unabused alien parents of battered children, it does not include unabused alien children of battered parents. This rule stands in contrast to the self- petitioning provisions described in (c) above, which battered spouses of U.S. citizen or LPRs can include their alien children in their petitions for status. --------------------------------------------------------------------------- Documentation As set forth in Step 3 of the Interim Guidance regarding verification of qualified alien status, you should ask the alien to present documentation demonstrating his or her immigration status. As described in the Interim Guidance, if the documentation indicates that the applicant fall into one of the categories listed in (a)-(e) above and reasonably appears on its face to be genuine (or, if your program already has existing guidance or procedures mandating a higher standard of proof for acceptance of documentary evidence of immigration status, the document satisfies that higher standard) and to relate to the individual presenting it, you should accept the documentation as conclusive evidence that the applicant satisfies requirement one and should not verify immigration status with the INS or the EOIR. If, based on your review of the documents presented, you are considering determining that an applicant does not have the requisite immigration status and thus is not eligible for the benefits requested based on his or her immigration status-- e.g., because the documents does not on its face reasonably appear to be genuine (or to satisfy a higher applicable standard), to demonstrate that the applicant falls into any of the categories listed in (a)-(e) above, or to relate to the person presenting it-- you should check with the INS or the EOIR as applicable to verify the information presented by the applicant. To verify status with the INS, in most cases, your should fax the INS Request Form, on your agency letterhead, as well as a copy of the document(s) provided by the applicant, to the INS Vermont Service Center. In some cases, as detailed in footnote three below, request for INS verification should be submitted to the local INS office using from G-845 and its supplement. To verify status with the EOIR, you should fax the EOIR Request Form on your agency letterhead, as well as a copy of the document(s) provided by the applicant, to the court administrator of the appropriate immigration court. Applicants who have filed a petition or application or had a petition or application filed on their behalf, as applicable, under any of the above-described provisions of the INA will apply to a benefit provider in one of seven possible situations described below. (1) With documentation evidencing an approved petition or application under one of the provisions listed in (a)-(e) above: (a) INS Form I-551 (``Resident Alien Card'' or ``Alien Registration Receipt Card'', commonly known as a ``green card'') with one of the following INS class of admission (``COA'') codes printed on the front of a white card or the back of a pink card demonstrates approval of a petition under paragraphs (a)-(b) above: \3\ AR1, AR6, C20 through C29, CF1, CF2, CR1, CR2, CR6, CR7, CX1 through CX3, CX6 through CX8, F20 through F29, FX1 through FX3, FX6 through FX8, IF1, IF2, IR1 through IR4, IR6 through IR9, IW1, IW2, IW6, IW7, MR6, MR7, P21 through P23, or P26 through P28; --------------------------------------------------------------------------- \3\ The green card codes, green card types, and stamps in foreign passports or on INS Form I-94 that demonstrate an approved petition or application under one of the provisions listed in (a)- (b) above are too numerous to describe here. If an alien claiming approved status presents a code different than those enumerated, or if you cannot determine the class of admission from the I-551 stamp, you should file INS Form G-845, and the G-845 Supplement (mark item six on the Supplement) along with a copy of the document(s) presented, with the local INS office in order to determine whether the applicant gained his or her status because he or she was the spouse, widow, or child of a U.S. citizen or the spouse, child, or unmarried son or daughter of an LPR. (See Attachment 1 to Interim Guidance.) --------------------------------------------------------------------------- (b) INS Form I-551 with one of the following COA codes stamped on the lower left side of the back of a pink card demonstrates approval of a petition under paragraphs (c)-(d) above: IB1 through IB3, IB6 through IB8, B11, B12, B16, B17, B20 through B29, B31 through B33, B36 through B38, BX1 through BX3, or BX6 through BX8; (c) INS Form I-551 with COA code Z13 may demonstrate approval of a petition under paragraph (e) above; if an alien claiming approved status presents a card bearing the code Z13, determine where the card was issued by asking the alien where he or she received the grant of suspension of deportation, and then fax the EOIR Request Form on your agency letterhead, as well as a copy of the card and any other document(s) presented by the alien, to the EOIR court that granted the alien's suspension. If the alien does not recall where the grant of suspension of deportation was received, compare the city code on the card to the list of city codes attached to this Exhibit, and fax the EOIR Request Form on your agency letterhead, as well as a copy of the card and any other document(s) presented by the alien, to the Court Administrator of the EOIR court closest to the city where the green card was issued; (d) Unexpired Temporary I-551 stamp in foreign passport or on INS Form I-94 with one of the COA codes specified in the preceding three paragraphs (if the temporary stamp or the INS Form I-94 bears the code [[Page 61368]] Z13, follow the process described immediately above); if it bears another code or you cannot determine what the COA code is, follow the process outlined in footnote three; \4\ --------------------------------------------------------------------------- \4\ If an applicant possesses the documents listed in items (a) through (d), the applicant has established that he or she is a lawful permanent resident and therefore is a qualified alien. You should nonetheless proceed with the analysis of requirements 2 through 4 to determine if the applicant qualifies for the battered exception to the deeming provisions (see Part IIA below). --------------------------------------------------------------------------- (e) INS Form I-797 indicating approval of an INS I-130 petition (only I-130 petitions describing the following relationships may be accepted: husbands or wives of U.S. citizens or LPRs, unmarried children under 21 years old of U.S. citizens or LPRs, or unmarried children 21 or older of LPRs), or approval of an I-360 petition (only I-360 approvals based on status as a widow/widower of a U.S. citizen or as a self-petitioning spouse or child of an abusive U.S. citizen or LPR may be accepted); \5\ or --------------------------------------------------------------------------- \5\ INS Form I-797 is used for numerous categories of petitions, and is used to indicate both receipt of a petition and approval or denial of a petition. It will also be used to indicate that an applicant has set forth a prima facie case. Thus, it is important to read the language on the Form I-797 presented by an applicant to ensure that it is more than a receipt, and specifically that it (a) denotes filing under one of the provisions specified above, and (b) denotes approval of the petition or a finding that a prima facie case has been demonstrated. Sample copies of Form I-797 are attached to this Exhibit. --------------------------------------------------------------------------- (f) A final order of an Immigration Judge or the Board of Immigration Appeals granting suspension of deportation under section 244(a)(3) of the INA as in effect prior to April 1, 1997, or cancellation of removal under section 240A(b)(2) of the INA. If the court or Board order does not indicate that suspension of deportation or cancellation of removal was granted under section 244(a)(3) or 240A(b)(2), you should fax the EOIR Request Form on your agency letterhead, as well as a copy of the order, to the court administrator of the EOIR court issuing the order, and ask the court to notify you of the INA provision under which the applicant was granted relief. (2) With documentation demonstrating that the applicant has established a prima facie case \6\ under one of the provisions described in (c), (d) or (e) above: --------------------------------------------------------------------------- \6\ Because the INS has not previously been required to conduct prima facie assessments, it is implementing procedures (which will become effective upon publication of an interim rule) to expedite the review of I-360 petitions under the provisions described in (c) and (d) above and to notify the applicant within three weeks of INS' receipt of the petition if he or she has set forth a prima facie case. Similarly, the EOIR has not previously been required to conduct the prima facie assessment which is required under the provisions described in (e) above. The EOIR is currently working to implement a process for determining whether an applicant has set forth a prima facie case. Applicants in deportation or removal proceedings who are in need of a prima facie determination should contact the appropriate immigration court. --------------------------------------------------------------------------- (a) INS Form I-797 indicating that the applicant has established a prima facie case; or (b) An immigration court or Board of Immigration Appeals order indicating that the applicant has established a prima facie case for suspension of deportation under INA section 244(a)(3) as in effect prior to April 1, 1997, or cancellation of removal under section 240A(b)(2) of the INA. (3) With documentation indicating that the applicant has filed a petition or that a petition has been filed on the applicant's behalf, as applicable, under one of the provisions listed in (c) or (d) above, but with no evidence of approval of the petition or establishment of a prima facie case, in which case the benefit provider should determine from the documentation when the petition was filed and take the actions set forth below: (a) Applicants with petitions filed before June 7, 1997 should have an INS Form I-797 indicating filing of the I-360 petition by ``self-petitioning spouse [or child] of abusive U.S.C. or LPR,'' a file-stamped copy of the petition, or another document demonstrating filing (including a cash register or computer-generated receipt indicating filing of Form I-360), but the INS will not have determined whether the applicant's petition sets forth a prima facie case. (If the applicant has no proof of filing, you should follow the instructions in paragraph 6.) You should request that the INS expedite adjudication of the petition or that a prima facie determination be made by faxing the INS Request Form on your agency letterhead, to the INS Vermont Service Center. Inquires about these cases may also be submitted in the same manner to the INS Vermont Service Center. (b) Applicants with petitions filed after June 7, 1997 should have an INS Form I-797 indicating filing of the I-360 petition, but may have only a copy of the petition and proof of mailing. Within three weeks of filing, INS will send to the applicant either an approval notice, a notice of prima facie case, or a request for additional documentation. In some cases, the applicant will receive both a notice of prima facie case and a request for additional documentation. Upon publication of an interim prima facie rule, INS will begin the process of determining whether an applicant's petition sets forth a prima facie case. If three weeks have elapsed since the filing of the petition, you may determine the status of the case by faxing the INS Request Form, on your letterhead, to the Vermont Service Center. Please not that the prima facie determination is an interim determination. An INS notice of prima facie case will expire upon issuance of a final decision by the INS or 150 days after issuance, whichever is earlier. An EOIR prima facie determination will expire upon the date of the applicant's hearing on the merits of his or her case, or if made by the Board of Immigration Appeals, upon issuance of the Board's decision on the appeal. In order to remain eligible for benefits after the expiration of a notice of prima facie case an applicant must either request and obtain a renewal of the prima facie determination from the INS or the EOIR, as applicable, or must present the benefit provider with a copy of one of the documents listed in paragraph one above indicating that his or her petition or application has been approved. (4) With documentation indicating that the applicant has filed a petition or that a petition was filed on his or her behalf, as applicable, under one of the provisions listed in (a) or (b) above (the documentation must indicate that the applicant is the widow/ widower of a U.S. citizen, the husband or wife of a U.S. Citizen or LPR, the unmarried child under age 21 of a U.S. citizen or LPR, or the unmarried child age 21 or older of an LPR): For aliens on whose behalf a petition has been filed: INS Form I-797 indicating filing of an INS I-130 petition, a file- stamped copy of the petition, or another document demonstrating filing (including a cash register or computer-generated receipt indicating filing of Form I-130) (a sample copy of Form I-130 is attached to this Exhibit). For self-petitioning widows or widowers: a file-stamped copy of the INS I-360 petition, or another document demonstrating filing (including a cash register or computer-generated receipt indicating filing of Form I-360). A prima facie determination will not have been made with regard to these petitions. You should request that the INS expedite adjudication of the petition or that a prima facie determination be made by faxing the INS Request Form on your agency letterhead, to the INS Vermont Service Center. Inquires about these cases may also be submitted in the same manner to the INS Vermont Service Center. Applicants who are beneficiaries of I-130 petitions will have had a petition filed on their behalf. The petition process gives the spouse or parent of the applicant ultimate control over the disposition of the petition. If the spouse or parent is the abuser, he or she can nullify the petition either by withdrawing it or by divorcing the alien before the alien is able to obtain a green card. Because the most current information regarding the status of a pending I-130 petition will reside with the batterer until an applicant has received his or her green card, you should query INS regarding the applicant's continued eligibility each time you recertify the applicant for eleigiblity under general program guidelines. For these reasons, and because a self-petitioning applicant may be able to obtain employment authorization, an alien who is eligible to self-petition under the Violence Against Women Act should be strongly encouraged to do so. (Note: The alien must be the spouse or child of the abuser and, in the case of a spousal petition, still be married to the abuser when the petition is filed.) The applicant should also be directed to the INS forms request line and the National Domestic Violence Hotline as set forth on page one. (5) Documentation indicating that the INS has initiated deportation or removal proceedings in which relief under the provision(s) listed in section (e) above may be available (copies of the documents listed below are attached to this Exhibit): an ``Order to Show Cause''; a ``Notice to Appear''; or a ``Notice of Hearing in Deportation Proceedings.'' You should inform the applicant that, if the applicant or the applicant's child has been battered or subjected to extreme cruelty [[Page 61369]] in the United States by a spouse or parent who is a U.S. citizen or LPR, and the applicant has been present in the United States for at least three years, he or she may file an application with the EOIR requesting suspension of deportation or cancellation of removal as applicable. You should also notify the applicant that, upon filing the application, he or she may ask the court to make a prima facie evaluation of the application and that, if the court indicates that the applicant has set forth a prima facie case for relief, he or she should return to your agency to complete the benefit eligibility evaluation process (see also footnote six). You should also refer the applicant to the National Domestic Violence Hotline as set forth on page one so that he or she may obtain assistance from a local domestic violence service provider and referrals to immigration attorneys. (Some of these applicants will also have sought the relief described in (a)-(d) above. Thus the applicant may have an I- 797 indicating that his or her petition has been granted or that the petition sets forth a prima facie case, or an I-797 receipt indicating that a petition has recently been filed. You should only follow the procedures described in this paragraph if the applicant does not have such a petition pending with the INS.) (6) With minimal or no documentation regarding the claimed filing: Because of the nature of abusive relationships, applicants may not have copies of the documents that have been filed by them or on their behalf. If the applicant has some documentation, but it is insufficient to demonstrate filing, establishment of prima facie case or approval of a petition, you should fax the INS Request Form on your agency letterhead, as well as a copy of any document(s) provided by the applicant, to the INS Vermont Service Center in order to determine the applicant's status. If the applicant has no documentation, but is certain that a petition has been filed by his or her spouse or parent, you should fax the INS Request Form to the INS Vermont Service Center. If the applicant has no documentation and is uncertain whether a petition has been filed on his or her behalf, you should refer the applicant to the National Domestic Violence Hotline as set forth on page one. (7) Without having filed one of the above petitions, but with facts indicating a basis to file such a petition: You should refer such applicants to the INS forms request line and to the National Domestic Violence Hotline as set forth on page one. Requirement 2: Battered or Subjected to Extreme Cruelty. You must also determine whether an applicant, his or her child, or, in the case of an alien child, his or her parent, has been battered or subjected to extreme cruelty (as defined below) as follows: in the case of an abused alien: the alien has been battered or subjected to extreme cruelty in the United States by a spouse or parent of the alien, or by a member of the spouse or parent's family residing in the same household as the alien if the spouse or parent consents to or acquiesces in such battery or cruelty; in the case of an alien whose child is abused: the alien's child has been battered or subjected to extreme cruelty in the United States by a spouse or parent of the alien, or by a member of the spouse or parent's family residing in the same household as the alien if the spouse or parent consents to or acquiesces in such battery or cruelty, and the alien did not actively participate in the battery or cruelty; in the case of an alien child whose parent is abused: the alien child's parent has been battered or subjected to extreme cruelty in the United States by the parent's spouse, or by a member of the spouse's family residing in the same household as the parent if the spouse consents to or acquiesces in such battery or cruelty. (a) Definitions of Battery, Extreme Cruelty and Family Member For purposes of this Guidance, the phrase ``battered or subjected to extreme cruelty'' has the meaning set forth below. This definition is drawn, with slight modification, from the INS interim rule, ``Petition to Classify Alien as Immediate Relative of a United States Citizen or as Preference Immigrant; Self-Petitioning for Certain Battered or Abused Spouses and Children,'' 61 Fed. Reg. 13,061, 13074 (1996) (8 C.F.R. 204.2(c)(vi)). The phrase ``battered or subjected to extreme cruelty'' includes, but is not limited to, being the victim of any act or threatened act of violence, including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence. Other abusive actions may also be acts of violence under this rule. Acts or threatneded acts that, in and of themselves, may not initially appear violent may be part of an overall pattern of violence. This is a broad, flexible definition that encompasses all types of battery and extreme cruelty. The acts mentioned in the above definition should be regarded by benefit providers as acts of violence whenever they occur, so long as one or more of the acts takes place in the United States and while the family relationship between the abuser and the victim exists. It is not possible, however, to identify all behaviors that could be acts of violence under certain circumstances, and this definition does not contain an exhaustive list of the acts of violence that will constitute battery or extreme cruelty. Many other nonenumerated abusive actions will also constitute an act or threatened act of violence under this definition. For purposes of this Guidance, the phrase ``member of the spouse or parent's family'' means any person related by blood, marriage, or adoption to the spouse or parent of the alien, or any person having a relationship to the spouse or parent that is covered by the civil or criminal domestic violence statutes of the state or Indian country where the alien resides, or the state or Indian country in which the alien, the alien's child, or the alien child's parent received a protection order. (b) Applicant With EOIR Order or Approved INS Petition or Other Court Order Based on Battery Applicants with approved petitions or orders granted under one of the provisions enumerated in paragraphs (c), (d) or (e) of requirement one above have already met the requirement of demonstrating battery or extreme cruelty pursuant to the INS rule. Thus, the benefit provider should not make a new determination of battery or cruelty, and should instead proceed directly to the determination of substantial connection under requirement three. Similarly, a protection order or record of criminal conviction satisfies the battery or extreme cruelty requirement for applicants in the following situations: any applicant who has or has had a protection order issued against his or her spouse, parent, or family member of the spouse or parent with whom the applicant was living; any applicant whose child has or has had a protection order issued against the applicant's spouse, parent, or family member of the spouse or parent with whom the applicant was living (including protection orders issued to the applicant on behalf of the applicant's abused minor child); any applicant who is an alien child and whose parent has or has had a protection order issued against the parent's spouse, or family member of the spouse with whom his or her parent was living; any applicant who has a record of criminal conviction of his or her spouse, parent, or family member of the spouse or parent with whom the applicant was living, for committing an act of violence against the applicant or his or her child; or any applicant who is an alien child and who has a record of criminal conviction of his or her parent's spouse, or family member of the spouse with whom the parent was living , for committing an act of violence against the applicant's parent. In the above situations, the applicant has established battery or extreme cruelty for purposes of this Guidance, and you should immediately proceed to requirement three.\7\ --------------------------------------------------------------------------- \7\ In cases where INS is making the determination regarding battery and extreme cruelty, INS will follow its regulations as set forth in 8 C.F.R. 204.2(c)(2). Under these regulations, INS will consider protection orders and criminal convictions along with any credible evidence relevant to the petition. The determination of what evidence is credible and the weight to be given that evidence rests within the sole discretion of INS. See 8 C.F.R. 204(c)(2)(I). --------------------------------------------------------------------------- (c) All Other Applicants Except for applicants addressed in (b) immediately above, an applicant must provide evidence of abuse. The benefit provider should consider any credible evidence proffered by the applicant. Evidence of battery or extreme cruelty (and in the case of a petition on behalf of a child, evidence that the applicant did not actively participate in the abuse) includes, but is not limited to, reports or affidavits from police, judges and other court officials, medical personnel, school officials, clergy, social workers, counseling or mental health personnel, and other social service agency personnel; legal documentation, such as an order of protection against the abuser or an order convicting the abuser of committing an act of domestic violence that chronicles the existence of abuse; evidence that indicates [[Page 61370]] that the applicant sought safe-haven in a battered women's shelter or similar refuge because of the battery against the applicant or his or her child; or photographs of the visibly injured applicant, child, or (in the case of an alien child) parent supported by affidavits. An applicant may also submit sworn affidavits from family members, friends or other third parties who have personal knowledge of the battery or cruelty. Additionally, an applicant may submit his or her own affidavit, under penalty of perjury (it does not have to be notarized), describing the circumstances of the abuse, and the benefit provider has the discretion to conclude that the affidavit is credible, and, by itself or in conjunction with other evidence, provides relevant evidence of sufficient weight to demonstrate battery or extreme cruelty. The benefit provider should keep a copy of all evidence presented by the applicant. The benefit provider should bear in mind that, due to the nature of the control and fear dynamics inherent in domestic violence, some applicants will lack the best evidence to support their allegations (e.g., a civil protection order or a police report). Thus, the benefit provider will need to be flexible in working with the applicant as he or she attempts to assemble adequate documentation. In determining the existence of battery or cruelty, it is important that the benefit provider understand both the experience of intimate violence and the applicant's cultural context. The dynamics of domestic violence may have inhibited the applicant from seeking public or professional responses to the abuse prior to applying for benefits needed to enable the applicant to leave the abuser. For many cultural groups, going to outsiders for help is viewed as disloyalty to the community and an embarrassment to the family. In some cultures, for example, women have been conditioned to accept the authority and control of their husbands. Thus, there may be little independent documentary evidence of the abuse; the benefit provider should be sensitive to the needs and situation of the abused applicant when reviewing allegations and evidence of abuse. Many applicants will have had an I-130 petition filed on their behalf by their spouse or parent, in which case the spouse or parent will have ultimate control over the disposition of the petition. If the spouse or parent is the abuser, he or she can nullify the petition either by withdrawing it or by divorcing the alien before the alien is able to obtain a green card. For these reasons, and because a self-petitioning applicant may be able to obtain employment authorization, an alien who is eligible to self-petition (the alien must be married to the abuser when the petition is filed) should be strongly encouraged to do so. The applicant should also be directed to the INS forms request line and the National Domestic Violence Hotline as set forth on page one. Requirement 3: Substantial Connection Between Battery and the Need for Benefits. You must determine whether there is a substantial connection between the battery or extreme cruelty to which the applicant, his or her child, or (in the case of an alien child) his or her parent has been subjected and the need for the benefits sought. This requirement will not be satisfied simply by a determination that an applicant has been subjected to battery or extreme cruelty. To assist benefit providers in making substantial connection determinations, and as required by the Budget Act, the Attorney General has developed a list of circumstances, set forth below, that demonstrate a substantial connection between the battery or extreme cruelty suffered by an applicant, the applicant's child, or (in the case of an alien child) the applicant's parent, and the need for the benefit sought. You may refer to this list as a guide in making substantial connection determinations. Note: The Attorney General's Order No. 2097-97, Determination of Situations that Demonstrate a Substantial Connection Between Battery or Extreme Cruelty and Need for Specific Public Benefits, 62 FR 39874 (July 24, 1997), has been superseded by amendments in the Budget Act. Revised substantial connection guidance will be issued shortly. In the meantime, benefit providers should look to the information contained in this document for guidance in making substantial connection determinations. Where the benefits are needed to enable the applicant, the applicant's child, and/or (in the case of an alien child), the applicant's parent to become self-sufficient following separation from the abuser; Where the benefits are needed to enable the applicant, the applicant's child, and/or (in the case of an alien child) the applicant's parent to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the applicant, the applicant's child, or (in the case of an alien child) the applicant's parent from the abuser; Where the benefits are needed due to a loss of financial support resulting from the applicant's, his or her child's, and/or (in the case of an alien child) his or her parent's separation from the abuser; Where the benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the applicant, the applicant's child, and/or (in the case of an alien child) the applicant's parent to lose his or her job or to earn less or to require the applicant, the applicant's child, and/or (in the case of an alien child) the applicant's parent to leave his or her job for safety reasons; Where the benefits are needed because the applicant, the applicant's child, or (in the case of an alien child) the applicant's parent requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty; Where the benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the applicant's or (in the case of an alien child) the parent's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into a day care for fear of being found by the abuser); Where the benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser; Where the benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the applicant, the applicant's child, and/or (in the case of an alien child) the applicant's parent and/or to care for any resulting children; or Where medical coverage and/or health care services are needed to replace medical coverage or health care services the applicant, the applicant's child, or (in the case of an alien child) the applicant's parent had when living with the abuser. Requirement 4: Battered Applicant No Longer Resides in the Same Household with Batterer. Before providing benefits, you must determine that the battered applicant, child or parent no longer resides in the same household or family eligibility unit as the batterer. Although an applicant is not a qualified alien eligible for benefits until the battered applicant or child, or parent ceases residing with the batterer, applicants will generally need the assurance of the availability of benefits in order to be able to leave their batterer and survive independently. Wherever possible in this situation, the benefit provider should complete the eligibility determination process and approve the applicant for receipt of benefits pending the applicant's demonstration that the applicant, his or her child, and/or (in the case of an alien child) his or her parent have separated from the batterer. The applicant can then make arrangements to leave the batterer's residence secure in the knowledge that benefits will be provided as soon as he or she leaves. You should consider any relevant credible evidence supporting the claim of non-residency with the batterer, including, but not limited to, any of the following: A civil protection order requiring the batterer to stay away from the applicant or the applicant's children or parent, or evicting the batterer from the applicant's residence; employment records; utility receipts; school records; hospital or medical records; rental records or records from a building or property manager; an affidavit from a staff member at a shelter for battered women or homeless persons, family members, friends or other third parties with personal knowledge, or from the battered applicant himself or herself; or any other records establishing that the applicant or his or her child or parent no longer resides with the abusive spouse, parent, or family member. Note: While qualified alien status will make the battered applicant, the battered applicant's children, or the parent of a battered child eligible for certain federal public benefits, it will not make them eligible for all federal public benefits. See Interim Guidance and Attachments 6 and 7 thereto for the factors that determine a qualified alien's eligibility for particular benefits. II. EXEMPTION FROM DEEMING REQUIREMENTS A. Battered Aliens Section 421 of the Act (as amended by the Immigration Act and the Budget Act) requires [[Page 61371]] that, upon the effective date of the newly required affidavit of support and subject to the exceptions described below, when determining eligibility for federal means-tested public benefits and the amount of such benefits to which an alien applicant is entitled, agencies must include as income and resources of the alien, the income and resources of the spouse of the alien and any other person executing an affidavit of support on behalf of the alien. An alien is exempt from these ``deeming'' requirements for a period of one year, however, if (1) in the case of an abused alien, (a) the alien has been battered or subjected to extreme cruelty in the United States by a spouse or parent of the alien, or by a member of the spouse or parent's family residing in the same household as the alien if the spouse or parent consents to or acquiesces in such battery or cruelty; (b) there is, in the opinion of the agency providing such benefits, a substantial connection between the battery or extreme cruelty and the need for the benefit sought; and (c) the battered alien no longer resides in the same household as the abuser; (2) in the case of an alien whose child is abused: (a) the alien's child has been battered or subjected to extreme cruelty in the United States by a spouse or parent of the alien, or by a member of the spouse or parent's family residing in the same household as the alien if the spouse or parent consents to or acquiesces in such battery or cruelty, and the alien did not actively participate in the battery or cruelty; (b) there is, in the opinion of the agency providing such benefits, a substantial connection between the battery or extreme cruelty and the need for the benefit sought; and (c) the battered child no longer resides in the same household as the abuser; (3) in the case of an alien child whose parent is abused: (a) the alien child's parent has been battered or subjected to extreme cruelty in the United States by the parent's spouse, or by a member of the spouse's family residing in the same household as the parent if the spouse consents to or acquiesces in such battery or cruelty; (b) there is, in the opinion of the agency providing such benefits, a substantial connection between the battery or extreme cruelty and the need for the benefit sought; and (c) the battered parent no longer resides in the same household as the abuser. See Part I, requirements two and four, above, for the definition and proof of battery/extreme cruelty and non-residency with the abuser; the agency may also want to consult the Attorney General's guidance regarding substantial connection (see part I, requirement three above) when making its own substantial connection determination. After expiration of the one year period, alien applicants continue to be exempt from the deeming requirements with regard to the resources and income of the batterer only, if (a) the applicant demonstrates that the battery or cruelty has been recognized in an order of a judge or administrative law judge or a prior determination of the INS, and (b) in the opinion of the agency, there is a substantial connection between the abuse or battery suffered by the applicant, the applicant's child, or (in the case of an alien child) the applicant's parent and the need for the benefit sought. B. Indigent Aliens In addition to the exemption for battered aliens, the Act's deeming provision contains a separate exemption for indigent aliens. If, after taking into account the alien's own income plus any cash, food, housing or other assistance provided by other individuals (including the sponsor), an agency determines that a sponsored alien would, in the absence of the assistance provided by the agency, be unable to obtain food and shelter, the amount of income and resources of the sponsor or the sponsor's spouse that shall be attributed to the sponsored alien shall not exceed the amount actually provided for a period of one year after the date such agency determination is made. BILLING CODE 4410-10-M [[Page 61372]] [GRAPHIC] [TIFF OMITTED] TN17NO97.004 [[Page 61373]] [GRAPHIC] [TIFF OMITTED] TN17NO97.005 [[Page 61374]] [GRAPHIC] [TIFF OMITTED] TN17NO97.006 [[Page 61375]] [GRAPHIC] [TIFF OMITTED] TN17NO97.007 [[Page 61376]] [GRAPHIC] [TIFF OMITTED] TN17NO97.008 [[Page 61377]] [GRAPHIC] [TIFF OMITTED] TN17NO97.009 [[Page 61378]] [GRAPHIC] [TIFF OMITTED] TN17NO97.010 BILLING CODE 4410-10-C [[Page 61379]] Paperwork Reduction Act Notice The information collection requirements contained in the following two forms have been approved for use by the Office of Management and Budget under the Paperwork Reduction Act. The OMB control number for these collections is 1115-0219, with the expiration date 5/31/98. Persons are not required to provide this information unless the form contains a currently valid OMB control number. We estimate that it will take an average of 20 minutes per response to collect this information, including time for reviewing, instruction, searching existing data sources, gathering and maintaining data needed, and completing and reviewing the collection of information. If you have any comments regarding these estimates or any other aspects of this collection, send them to the Immigration and Naturalization Service, 425 I Street, N.W., Room 5304, Washington, D.C. 20536. BILLING CODE 4410-10-M [[Page 61380]] [GRAPHIC] [TIFF OMITTED] TN17NO97.011 [[Page 61381]] [GRAPHIC] [TIFF OMITTED] TN17NO97.012 [[Page 61382]] [GRAPHIC] [TIFF OMITTED] TN17NO97.013 [[Page 61383]] [GRAPHIC] [TIFF OMITTED] TN17NO97.014 BILLING CODE 4410-10-C [[Page 61384]] Executive Office for Immigration Review--Immigration Courts ---------------------------------------------------------------------------------------------------------------- Court State/City/App. Code Judges administrator Phone Nos. ---------------------------------------------------------------------------------------------------------------- ARIZONA Eloy--85231, 1705 E. Hanna Rd., William Lee Abbott, John A. Meehan.... (520) 466-3671, (520) 466-7795 Suite 366, App. Code-- Isabel A. Bronzina, (fax). 7D05030234. Dean A. Levay, Sean Keenan. Florence--85232, 3260 N. Pinal Lamonte S. Freerks, Jack B. Odom...... (520) 868-3341, (520) 868-4962 Parkway Ave., App. Code-- Scott Jefferies. (fax). 7D05030229. Phoenix--85025, Federal John W. Richardson, Jack B. Odom...... (602) 514-7356, (602) 514-7387 Building, Room 3114, 230 N. John T. Zastrow. (fax). First Avenue, App. Code-- 7D05030226. CALIFORNIA Imperial--92251, 2409 La Michael H. Bennett, M. Graciela Sosa.. (619) 355-0070, (619) 355-8692 Brucherie Road, App. Code-- Dennis R. James, (fax). 7D05030222. Richard N. Knuck, Jack W. Staton, Jack H. Weil. Los Angeles--90012, 300 N. Los Roy J. Daniel, Bruce J. Evelyn Diaz Brown. (213) 894-2811, (213) 894-5196 Angeles St., Room 2001, App. Einhorn, Thomas Y.K. (fax). Code--7A05030223, Mailing Fong, Harry L. Address: P.O. Box 53711, Los Gastley, Gilbert T. Angeles, CA 90053-0711. Gembacz, Nathan W. Gordon, Ingrid K. Hrycenko, Henry P. Ipema, 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 Angeles--90012, Roybal ....................... .................. (213) 894-5159, (213) 894-2632 Federal Office Building and (fax). Courthouse, 255 E. Temple Street, Rm. 577, App. Code-- 7D05030223. San Diego--92101-7904, 401 West Anthony Atenaide, Brent L. Perkins.. (619) 557-6052, (619) 557-6405 A Street, Suite 800, App. Code-- Kenneth A. Bagley, (fax). 7D05030225. Robert J. Barrett, Richard J. Bartolomei, Jr., Gaylyn Boone, C. Zsa Zsa De Paolo, Ignacio Fernandez Valdes, Joseph Ragusa, John C. Williams. San Diego--92188, 880 Front ....................... .................. (619) 557-7647, (619) 557-7655 Street, Room 800, App. Code-- (fax). 7D05030225. San Francisco--94108, 550 Kearny Lawrence N. DiCostanzo, Stephen P. Perkins (415) 705-4415, (415) 705-4418 Street, Suite 800, App. Code-- Alberto E. Gonzalez, (fax). 7D05030224, Mailing Address: Bernard J. Hornbach, P.O. Box 2326, San Francisco, Dana Marks Keener, CA 94126-2326. Carol A. King, Tue Phan Quang, Beverly M. Phillips, Mimi Y. Schooley, Brian H. Simpson, Bette K. Stockton, Polly A. Webber. San Pedro-90731, INS San Pedro Rose Collantes Peters, Evelyn Diaz Brown. (310) 732-0753, (310) 732-0757 Service Proc. Center, 2001 D.D. Sitgraves. (fax). Seaside Avenue, Room 136, App. Code--7D05030233. COLORADO Denver--80294, Byron G. Rogers David J. Cordova, James Alec Revelle...... (303) 844-5815, (303) 844-4578 Fed. Building, 1961 Stout P. Vandello. (fax). Street, Room 1403, App. Code-- 7D05030220. Aurora--80010, Wackenhut David J. Cordova, James Alec Revelle...... (303) 361-0488, (303) 361-0688 Security, Inc., 11901 E. 30th P. Vandello. (fax). Avenue, App. Code--7D05030220. CONNECTICUT Hartford-06103, AA Ribicoff Harriet B. Marple...... Sandra V. Majia (860) 240-3919, (860) 240-3921 Building and Courthouse, 459 (acting). (fax). Main Street, Room 509, App. Code--7D05030277. FLORIDA Bradenton--4205, 515 11th R. Kevin McHugh........ George A. Spreyne. (941) 749-1044, (941) 749-0992 Street, West, Building A, Room (fax). 300, App. Code--7D05030244. Miami--33130, 155 S. Miami Ave., Teofilo Chapa, J. Michael T. (305) 530-6455, (305) 530-7001 Room 800, App. Code--7D05030217. Daniel Dowell, Rex J. Ringstad. (fax). Ford, Mahlon F. Hanson, Michael C. Horn, Denise Marks Lane, Stephen E. Mander, Nancy R. McCormack, Pedro A. Miranda, Philip J. Montante, Jr., Anthony J. Randall, Charles J. Sanders, 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. Suzan C. Brauwerman .................. (305), 530-6451, No fax. First Ave., Room 224, Miami, FL Seymour R. Kleinfeld, 33130. Roberto Moreno, William K. Zimmer,. [[Page 61385]] Miami--33194, Krome North Neal S. Foster, Kenneth George A. Spreyne. (305) 530-7196, (305) 530-7040 Processing Center, 18201 S.W. S. Hurewitz. (fax). 12th Street, App. Code-- 7D05030231. GEORGIA Atlanta--30303, 101 Marietta William A. Cassidy, G. John J. Topp...... (404) 331-7647, (404) 331-4555 Street, Suite 2702, App. Code-- Mackenzie Rast. (fax). 7D05030228. ILLINOIS Chicago--60605-1521, Federal O. John Brahos, Carlos Peter P. Pauli, IV (312) 353-7313, (312) 353-9894 Building, Room 646, 536 S. Cuevas, James R. (fax). Clark Street, App. Code-- Fujimoto, Anthony D. 7D05030218. Petrone, Jr., Renetta Smith, Robert D. Vinikoor, Craig M. Zerbe. LOUISIANA New Orleans--70130, One Canal Jeffrey Zlatow......... Lizbeth L. Wilson. (504) 589-3992, (504) 589-3990 Place, 365 Canal Street, Suite (fax). 2450. Oakdale--71463, 1900 E. Whatley John A. Duck, Jr., Lizbeth L. Wilson. (318) 335-0365, (318) 335-3187 Road, App. Code--7D05030230. Charles A. Wiegand, (fax). Mailing Address: P.O. Box 750, III. Oakdale, LA 71463. MARYLAND Baltimore--21202, U.S. Bruce M. Barrett, Lisa Brenda L. Cook.... (410) 962-3092, (410) 962-9021 Appraisers Building, 103 S. Gay Dornell, John F. (fax). Street, Room 702, App. Code-- Gossart, Jr., William 7D05030201. P. Greene, Jr.. MASSACHUSETTS Boston--02203, JFK Federal Billino W. D'Ambrosio, Sandra V. Mejia (617) 565-3080, (617) 565-4495 Building, 15 New Sudbury St., Eliza C. Klein, Thomas (acting). (fax). Room 320, App. Code--7D05030202. M. Ragno, Leonard I. Shapiro, Patricia M.B. Sheppard. MICHIGAN Detroit--48207, Brewery Park II, Elizabeth Hacker....... Sandra Roberts.... (313) 226-2603, (313) 226-3053 1155 Brewery Park Blvd., Suite (fax). 450, App. Code--7D05030219. NEVADA Las Vegas--79101, Alan Bible Irene Weiss............ Jack B. Odom...... (702) 388-5837, (702) 388-5844 Federal Building, 600 Las Vegas (fax). Blvd. South, Room 410, App. Code--7A05030240. NEW JERSEY Elizabeth--625 Evans St., Rm. Esmeralda Cabrera...... Fletcher Graves... (201) 693-4113, (201) 645-4121 148A, App. Code--7D05030236. (fax). Newark--07102, 970 Broad Street, Henry S. Dogin, Annie Star B. Pacitto... (201) 645-3524, (201) 645-3432 Room 1135, App. Code-- Sue Garcy, Nicole Yae (fax). 7D05030204. Kyoung Kim, Daniel A. Meisner, Eugene Pugliese, Alberto Riefkohl, William Strasser. NEW YORK Buffalo--14202, 130 Delaware Walter A. Durling, Jr., Gary M. Somerville (716) 551-3442, (716) 551-3452 Ave., Suite 410 App. Code-- Mchaelangelo Rocco. (fax). 7D05030203. Fishkill--12524, c/o Downstate Mitchell Levinksky..... Thomas J. Bonita, (914) 831-3657, (914) 831-5452 Correctional Facility, Red III. (fax). Schoolhouse Road, App. Code-- 7D05030206. Napanoch--12458, Ulster Joe D. Miller.......... Thomas J. Bonita, (914) 647--5506, (914) 647-5641 Correctional Facility, Berne III. (fax). Road, App. Code--7D05030235. New York--10278, 26 Federal Matthew T. Adrian, John D. Hannah, (212) 264,5958, (202) 264-1070 Plaza, Room 10-1000, App. Code-- Terry A. Bain, Joanna Jr.. (fax). 7D5030205. M. Bukszpan, Sarah M. Burr, Jeffrey Chase, George T. Chew, Annette 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 York--10014, 201 Varick Donn L. Livingston, Thomas J. Bonita, (212) 620-6279, (212) 620-6357 Street, Room 1140, App. Code-- Alan L. Page, Alan A. III. (fax). 7D05030232.. Vomacka. PENNSYLVANIA Philadelphia--19103, 1600 Donald V. Ferlise, R. Elliott Edwards (215) 656-7000, (215) 656-7013 Callowhill Street, Suite 400, Craig DeBernardis. (fax). App. Code--7D05030207. York--17402, 3434 Concord Road, William Van Wyke....... Brenda L. Cook.... (717) 755-7555, (717) 757-0132 App. Code--7D05030209. (fax). [[Page 61386]] PUERTO RICO Guaynabo (San Juan)--00965, GSA Rafael B. Ortiz-Segura. George A. Spreyne. (787) 749-4386, (787) 749-4393 Center, 651 Federal Drive, (fax). Suite 111-14, App. Code-- 7D05030208. TEXAS Dallas--75202, 1200 Main Street, Edwin R. Hughes, D. Barbara T. Baker.. (214) 767-1814, (214) 767-6410 Suite 700, App. Code-- Anthony Rogers, Cary (fax). 7D05030211. Copeland. El Paso--79925, 1545 Hawkins Gary D. Burkholder, Theresa N. Baeza.. (915) 540-1910, (915) 540-1922 Boulevard, Suite 205, App. Penny M. Smith, Bertha (fax). Code--7D05030212. A. Zuniga. El Paso--79925, El Paso Service Visiting IJ............ Theresa N. Baeza.. (915) 540-7854, No fax. Processing Center, 8915 Montana Avenue, App. Code--7D05030212. Harlingen--78550, 201 E. Jackson Howard E. Achtsam, Celeste Garza..... (210)427-8580, (210) 427-8905 Street, App. Code--7D05030213. David Ayala, Margaret (fax). D. Burkhart, M. Edwin Prudhomme. Los Fresnos--78566, Port Isabel Visiting IJ............ Celeste Garza..... (210) 233-4467, (210) 233-5318 Processing Center, Route 3, Box (fax). 341, Building 37, App. Code-- 7D05030213. Mailing Address: 201 E. Jackson St., Harlingen, TX 78550. Houston--77004, 2320 La Branch Robert Brown, Clarease Dina P. Sherman... (713) 718-3870, (713) 718-3879 Street, Room 2235, App. Code-- M. Rankin, Michael K. (fax). 7D05030214. Suarez, Joseph Vail. Houston--77032, Houston Service Susan L. Yarbrough..... Dina P. Sherman... (713) 987-0290, (713) 987-3142 Processing Center, 15850 Export (fax). Plaza Drive, App. Code-- 7D05030214. Huntsville--77340, Goree INS Jimmie L. Benton....... Dina P. Sherman... (409) 295-1353, (409) 295-6510 Facility, 30000A Highway 75 (fax). South, App. Code--7D05030232. Mailing Address: P.O. Box 1538, Huntsville, TX 77342-1538. Laredo--78041, 4702 E. Saunders, Visiting IJ............ J. Thomas Davis... (210) 727-4772, (210) 726-2320 App. Code--7D05030215. Mailing (fax). Address: Laredo Service Processing Center, P.O. Box 440110, Laredo, TX 78044-0110. San Antonio-78205-2040, 615 E. Richard F. Brodsky, J. Thomas Davis... (210) 472-6637, (210) 472-4282 Houston Street, Room 598, App. Susan E. Conley- (fax). Code-7D05030215. Castro, Glenn P. McPhaul. VIRGINIA Arlington-22203, 901 N. Stuart John M. Bryant, Joan V. Beverly Swihart (703) 235-2307, (703) 235-2372 St., Suite 1300, App. Code- Churchill, Christopher Holmes. (fax). 7D05030210. M. Grant, Wayne R. Iskra, Paul A. Nejelski. WASHINGTON Seattle-98104, Key Tower Anna Ho, Kenneth Joseph Neifert... (206) 553-5953, (206) 553-0622 Building, 1000 Second Avenue, Josephson, Kendall B. (fax). Suite 2500, App. Code- Warrem. 7D05030221. Seattle-98134, Seattle Det. Anna Ho, Kenneth Joseph Neifert.... call Seattle office: (206) 553- Center, c/o U.S. INS, 815 Josephson, Kendall B. 5953, (206) 553-0622 (fax). Airport Way, App. Code- Warren. 7D05030221. ---------------------------------------------------------------------------------------------------------------- BILLING CODE 4310-GG-M [[Page 61387]] [GRAPHIC] [TIFF OMITTED] TN17NO97.015 BILLING CODE 4410-10-M [[Page 61388]] Please save this notice for your records. Please enclose a copy if you have to write us or a U.S. Consulate about this case, or if you file another application based on this decision. You will be notified separately about any other applications or petitions you have filed. Additional Information General The filing of an application or petition does not in itself allow a person to enter the United States and does not confer any other right or benefit. Inquiries You should contact the office listed on the reverse of this notice if you have questions about the notice, or questions about the status of your application or petition. We recommend you call. However, if you write us, please enclose a copy of this notice with your letter. Approval of Nonimmigrant Petition Approval of a nonimmigrant petition means that the person for whom it was filed has been found eligible for the requested classification. If this notice indicated we are notifying a U.S. Consulate about the approval for the purpose of visa issuance, and you or the person you filed for have questions about visa issuance, please contact the appropriate U.S. Consulate directly. Approval of an Immigrant Petition Approval of an immigrant petition does not convey any right or status. The approved petition simply establishes a basis upon which the person you filed for can apply for an immigrant or fiance(e) visa or for adjustment of status. A person is not guaranteed issuance of a visa or a grant of adjustment simply because this petition is approved. Those processes look at additional criteria. If this notice indicates we have approved the immigrant petition you filed, and have forwarded it to the Department of State Immigrant Visa Processing Center, that office will contact the person you filed the petition for directly with information about visa issuance. In addition to the information on the reverse of this notice, the instructions for the petition you filed provide additional information about processing after approval of the petition. For more information about whether a person who is already in the U.S. can apply for adjustment of status, please see Form I-485, Application to Register Permanent Residence or Adjust Status. BILLING CODE 4410-10-M [[Page 61389]] [GRAPHIC] [TIFF OMITTED] TN17NO97.016 BILLING CODE 4410-10-M [[Page 61390]] Please save this notice for your records. Please enclose a copy if you have to write us or a U.S. Consulate about this case, or if you file another application based on this decision. You will be notified separately about any other applications or petitions you have filed. Additional Information General The filing of an application or petition does not in itself allow a person to enter the United States and does not confer any other right or benefit. Inquiries You should contact the office listed on the reverse of this notice if you have questions about the notice, or questions about the status of your application or petition. We recommend you call. However, if you write us, please enclose a copy of this notice with your letter. Approval of Nonimmigrant Petition Approval of a nonimmigrant petition means that the person for whom it was filed has been found eligible for the requested classification. If this notice indicated we are notifying a U.S. Consulate about the approval for the purpose of visa issuance, and you or the person you filed for have questions about visa issuance, please contact the appropriate U.S. Consulate directly. Approval of an Immigrant Petition Approval of an immigrant petition does not convey any right or status. The approved petition simply establishes a basis upon which the person you filed for can apply for an immigrant or fiance(e) visa or for adjustment of status. A person is not guaranteed issuance of a visa or a grant of adjustment simply because this petition is approved. Those processes look at additional criteria. If this notice indicates we have approved the immigrant petition you filed, and have forwarded it to the Department of State Immigrant Visa Processing Center, that office will contact the person you filed the petition for directly with information about visa issuance. In addition to the information on the reverse of this notice, the instructions for the petition you filed provide additional information about processing after approval of the petition. For more information about whether a person who is already in the U.S. can apply for adjustment of status, please see Form I-485, Application to Register Permanent Residence or Adjust Status. BILLING CODE 4410-10-M [[Page 61391]] [GRAPHIC] [TIFF OMITTED] TN17NO97.017 BILLING CODE 4410-10-M [[Page 61392]] Please save this notice for your records. Please enclose a copy if you have to write us or a U.S. Consulate about this case, or if you file another application based on this decision. You will be notified separately about any other applications or petitions you have filed. Additional Information General The filing of an application or petition does not in itself allow a person to enter the United States and does not confer any other right or benefit. Inquiries You should contact the office listed on the reverse of this notice if you have questions about the notice, or questions about the status of your application or petition. We recommend you call. However, if you write us, please enclose a copy of this notice with your letter. Approval of Nonimmigrant Petition Approval of a nonimmigrant petition means that the person for whom it was filed has been found eligible for the requested classification. If this notice indicated we are notifying a U.S. Consulate about the approval for the purpose of visa issuance, and you or the person you filed for have questions about visa issuance, please contact the appropriate U.S. Consulate directly. Approval of an Immigrant Petition Approval of an immigrant petition does not convey any right or status. The approved petition simply establishes a basis upon which the person you filed for can apply for an immigrant or fiance(e) visa or for adjustment of status. A person is not guaranteed issuance of a visa or a grant of adjustment simply because this petition is approved. Those processes look at additional criteria. If this notice indicates we have approved the immigrant petition you filed, and have forwarded it to the Department of State Immigrant Visa Processing Center, that office will contact the person you filed the petition for directly with information about visa issuance. In addition to the information on the reverse of this notice, the instructions for the petition you filed provide additional information about processing after approval of the petition. For more information about whether a person who is already in the U.S. can apply for adjustment of status, please see Form I-485, Application to Register Permanent Residence or Adjust Status. BILLING CODE 4410-10-M [[Page 61393]] [GRAPHIC] [TIFF OMITTED] TN17NO97.018 BILLING CODE 4410-10-M [[Page 61394]] Please save this notice for your records. Please enclose a copy if you have to write us or a U.S. Consulate about this case, or if you file another application based on this decision. You will be notified separately about any other applications or petitions you have filed. Additional Information General The filing of an application or petition does not in itself allow a person to enter the United States and does not confer any other right or benefit. Inquiries You should contact the office listed on the reverse of this notice if you have questions about the notice, or questions about the status of your application or petition. We recommend you call. However, if you write us, please enclose a copy of this notice with your letter. Approval of Nonimmigrant Petition Approval of a nonimmigrant petition means that the person for whom it was filed has been found eligible for the requested classification. If this notice indicated we are notifying a U.S. Consulate about the approval for the purpose of visa issuance, and you or the person you filed for have questions about visa issuance, please contact the appropriate U.S. Consulate directly. Approval of an Immigrant Petition Approval of an immigrant petition does not convey any right or status. The approved petition simply establishes a basis upon which the person you filed for can apply for an immigrant or fiance(e) visa or for adjustment of status. A person is not guaranteed issuance of a visa or a grant of adjustment simply because this petition is approved. Those processes look at additional criteria. If this notice indicates we have approved the immigrant petition you filed, and have forwarded it to the Department of State Immigrant Visa Processing Center, that office will contact the person you filed the petition for directly with information about visa issuance. In addition to the information on the reverse of this notice, the instructions for the petition you filed provide additional information about processing after approval of the petition. For more information about whether a person who is already in the U.S. can apply for adjustment of status, please see Form I-485, Application to Register Permanent Residence or Adjust Status. BILLING CODE 441-10-M [[Page 61395]] [GRAPHIC] [TIFF OMITTED] TN17NO97.019 BILLING CODE 4410-10-M [[Page 61396]] District Codes ------------------------------------------------------------------------ Districts-36 Org type ------------------------------------------------------------------------ 2--Boston, MA.......................... DAF BOS 3--New York, NY........................ DAF NYC 4--Philadelphia, PA.................... DAF PHI 5--Baltimore, MD....................... DAF BAL 6--Miami, FL........................... DAF MIA 7--Buffalo, NY......................... DAF BUF 8--Detroit, MI......................... DAF DET 9--Chicago, IL......................... DAF CHI 10--St. Paul, MN......................... DAF SPM 11--Kansas City, MO...................... DF KAN 12--Seattle, WA.......................... DAF SEA 13--San Francisco, CA.................... DAF SFR 14--San Antonio, TX...................... DAF SNA 15--El Paso, TX.......................... DAF ELP 16--Los Angeles, CA...................... DAF LOS 17--Honolulu, HI......................... DAF HHW 18--Phoenix, AZ.......................... DAF PHO 19--Denver, CO........................... DAF DEN 20--Dallas, TX........................... DAF DAL 21--Newark, NJ........................... DAF NEW 22--Portland, ME......................... DAF POM 24--Cleveland, OH........................ DAF CLE 25--Washington, DC....................... DAF WAS 26--Atlanta, GA.......................... DAF ATL 27--San Juan, PR......................... DAF SAJ 28--New Orleans, LA...................... DAF NOL 29--Omaha, NE............................ DF OMA 30--Helena, MT........................... DF HEL 31--Portland, OR......................... DAF POO 32--Anchorage, AK........................ DAF ANC 33--Bangkok, Thailand.................... OD BKK 35--Mexico City, MX...................... OD MEX 37--Rome, Italy.......................... OD RIT 38--Houston, TX.......................... DAF HOU 39--San Diego, CA........................ DAF SND 40--Harlingen, TX........................ DAF HLG EASTERN REGION: DISTRICT 2--BOSTON, MA Providence, RI........................... SAF PRO *Hartford, CT............................ SAF HAR *Lebanon, MA............................. A LEB Boston Proc. Ctr......................... P BPC DISTRICT 3--New York, NY *NY Seaport combined w/quarantine unit, U NYS NY. JFK Airport, NY.......................... A ZJK Hamilton, Bermuda........................ I HAM Varick Proc. Ctr......................... P VRK *Brookland Proc. Ctr..................... P BKN DISTRICT 4--Philadelphia, PA *Altoona, PA............................. U ALT Pittsburgh, PA........................... SF PIT *Dover AFB, DL........................... A DVD DISTRICT 5--Baltimore, MD DISTRICT 6--Miami, FL Jacksonville, FL......................... SA JAC Key West, FL............................. SA KEY Port Everglades, FL...................... SA PEV *Port Canaveral, FL...................... A PCF Tampa, FL................................ SA TAM West Palm Beach, FL...................... SA WPB Orlando Airport, FL...................... A ORL Krome Proc. Ctr.......................... P KRO Fort Pierce, FL.......................... A FTP Jacksonville Seaport, FL................. U JAS Miami Seaport, FL........................ U MSE *Panama City, FL......................... A PAN *Sanford, FL............................. A SFB DISTRICT 7--Buffalo, NY Thousand Island Bridge, NY............... SA THO Trout River, NY.......................... SA TRO *Rooseveltown, NY........................ A RSV Albany, NY............................... SAF ALB Champlain, NY............................ SA CHM Chateauguay, NY.......................... SA CHT Fort Covington, NY....................... SA FTC *Lewiston, NY............................ A LEW Massena, NY.............................. SA MAS Mooers, NY............................... SA MOO Niagara Falls, NY........................ SA NIA Ogdensburg, NY........................... SA OGD Peace Bridge, NY......................... SA PBB Rouses Point, NY......................... SA ROU DISTRICT 8--Detroit, MI Algonac, MI.............................. SA AGN Marine City, MI.......................... SA MRC Port Huron, MI........................... SA PHU Roberts Landing, MI...................... SA RBT Sault Ste. Marie, MI..................... SA SSM *Detroit Michigan Bridge, MI............. A DCB *Detroit Michigan Tunnel, MI............. A DCT DISTRICT 21--Newark, NJ *Camden, NJ.............................. A CNJ McGuire AFB, NJ.......................... A MAG Alburg, VT............................... SA ABG Alburg Springs, VT....................... SA ABS Bangor, ME............................... SA BGM Beebe Plains, VT......................... SA BEB Beecher Falls, VT........................ SA BEE Bridgewater, ME.......................... SA BWM *Burlington, VT.......................... A BRG Calais, ME............................... SA CLS *Eastport, ME............................ A EPM Canann, VT............................... SA CNA Coburn Gore, ME.......................... SA COB Derby Line, VT........................... SA DER *Derby Line RT5 POE...................... P DVL East Richford, VT........................ SA ERC Fort Fairfield, ME....................... SA FTF Fort Kent, ME............................ SA FTK *Eastcourt, ME........................... A EST *St. Pampile, ME......................... A SPA Hamlin, ME............................... SA HML Highgate Springs, VT..................... SA HIG Houlton, ME.............................. A HTM *Easton, ME.............................. A EAS *Forest City, ME......................... A FOR *Monticello, ME.......................... A MTC *Orient, ME.............................. A ORI Jackman, ME.............................. SA JKM *St. Aurelie............................. SA SRL Limestone, ME............................ SA LIM Lubec, ME................................ SA LUB Madawaska, ME............................ SA MAD *Morses Line, VT......................... A MOR North Troy, VT........................... SA NRT Norton, VT............................... SA NRN Pinnacle Rd., VT......................... A PIV *Pittsburgh, NH.......................... A PNH Richford, VT............................. SA RIF *St. Albans, VT.......................... SA STA Van Buren, ME............................ SA VNB Vancboro, ME............................. SA VCB West Berkshire, VT....................... SA WBE DISTRICT 24--Cleveland, OH Cincinnati, OH........................... SAF CIN Sandusky, OH............................. SA SDY Toledo, OH............................... SA TOL Columbus, OH............................. A CLM DISTRICT 25--Washington, D.C. Norfolk, VA Norfolk Seaport, VA...................... U NOS DISTRICT 26--Atlanta, GA Charleston, SC........................... SA CHL Charlotte, NC............................ SF CLT *Greer, SC............................... SA GRR Mobile, AL............................... SA MOB *Raleigh-Durham, NC...................... SA RDU Savannah, GA............................. SA SAV Wilmington, NC........................... SA WIL DISTRICT 27--San Juan, PR Aguadilla Proc. Ctr...................... P AGC Charlotte Amalie, St. Thomas, VI......... SA CHA Christiansted, St. Croix, VI............. SA CHR Cruz, Bay, St. John, VI.................. SA CRU Mayaguez, PR............................. A MAY Ponce, PR................................ SA PON DISTRICT 28--New Orleans, LA *Baton Rouge, LA......................... A BTN *Gulfport, MS............................ A GUL *Lake Charles, LA........................ A LKC Louisville, KY........................... S LOU Memphis, TN.............................. SF MEM *Nashville, TN........................... A NSV *Oakdale, LA............................. P OAK CENTRAL REGION: DISTRICT 9--Chicago, IL Milwaukee, WI............................ SAF MIL *Indianapolis, IN........................ S INP DISTRICT 10--St. Paul, MN Baudette, MN............................. SA BAU Duluth, MN............................... SA DUL Grand Portage, MN........................ SA GPM International Falls, MN.................. SA INT Lancaster, MN............................ SA LAN Noyes, MN................................ SA NOY *Pembina, ND............................. A PEM Pine Creek, MN........................... SA PIN Roseau, MN............................... SA ROS Warroad, MN.............................. SA WAR Ambrose, ND.............................. SA AMB Antler, ND............................... SA ANT Carbury, ND.............................. SA CRY Dunseith, ND............................. SA DNS Fargo, ND................................ SA FAR Fortuna, ND.............................. SA FRT Minot, ND................................ A MND Hannah, ND............................... SA HNN Hansboro, ND............................. SA HNS Maida, ND................................ SA MAI Neche, ND................................ SA NEC Noonan, ND............................... SA NOO Northgate, ND............................ SA NRG Portal, ND............................... SA POR St. John, ND............................. SA SJO Sarles, ND............................... SA SAR Sherwood, ND............................. SA SHR Walhalla, ND............................. SA WAL Westhope, ND............................. SA WHO Wilton, ND............................... A WND DISTRICT 11--Kansas CITY, MO St. Louis, MO............................ SF STL DISTRICT 14--San Antonio, TX Austin, TX............................... SA AUS Amistad Dam, TX.......................... A ADT *Corpus Christi, TX...................... SA CRP Del Rio, TX.............................. SA DLR Eagle Pass, TX........................... SA EGP Laredo, TX............................... SA LAR Juarez-Lincoln Bridge, TX................ A LLB [[Page 61397]] Laredo Proc. Ctr......................... P LRD Laredo Columbia Bridge, TX............... A LCB DISTRICT 15--El Paso, TX Columbus, NM............................. SA COL Fabens, TX............................... SA FAB Presidio, TX............................. SA PRE *Port of El Paso......................... A POE *Paso del Norte Bridge, TX............... A PDN *Bridge of the Americas, TX.............. A BOA *Ysleta, TX.............................. SA YSL Santa Teresa, NM......................... A STR Albuquerque, NM.......................... S ABQ El Paso Processing Center, TX............ P EPC *Fort Hanock, TX......................... P FTH DISTRICT 19--Denver, CO Salt Lake City, UT....................... SAF SLC DISTRICT 20--Dallas, TX Oklahoma City, OK........................ SF OKC DISTRICT 29--Omaha, NE................... OMA DISTRICT 30--Helena, MT.................. HEL Boise, ID................................ S BOI Chief Mountain, MT....................... A CHF Del Bonita, MT........................... A DLB Great Falls, MT.......................... A GRE Morgan, MT............................... SA MGM Opheim, MT............................... SA OPH Piegan, MT............................... SA PIE Raymond, MT.............................. SA RAY Roosville, MT............................ SA ROO Scobey, MT............................... SA SCO Sweetgrass, MT........................... SA SWE Turner, MT............................... SA TUR Whitetail, MT............................ SA WHI Wild Horse, MT........................... SA WHM Willow Creek, MT......................... SA WCM Missoula, MT............................. SA MIS DISTRICT 38--Houston, TX Galveston, TX............................ SA GAL Port Arthur, TX.......................... SA PAR DISTRICT 40--Harlington, TX *Brownsville, TX......................... A BRO *Brownsville/Gateway, Bridge, TX......... A BRO *Brownsville Matamoros Bridge, TX........ A BBM Falcon Heights, TX....................... SA FAL Hidalgo, TX.............................. SA HID Los Ebanos, TX........................... SA LSE *Los Indios, TX.......................... A LOI Port Isabel Proc. Ctr.................... P PIC Progresso, TX............................ SA PGR Rio Grande, TX........................... SA RIO Roma, TX................................. SA ROM Pharr, TX................................ SA PHR Nogales, AZ.............................. SA NOG Sasabe, AZ............................... SA SAS San Luis, AZ............................. SA SLU Tucson, AZ............................... S TUC *Las Vegas, NV........................... SF LVG *Reno, NV................................ SF REN *Mariposa, AZ............................ A MAP *Eloy Proc. Cr., AZ...................... P EAZ DISTRICT 31--Portland, OR Astoria, AK.............................. SA AST Coos Bay, OR............................. A COO New Port, OR............................. P NPT DISTRICT 32--Anchorage, AK Alcan, AK................................ SA ALC Dalton Cache, AK......................... SA DAC Ketchikan, AK............................ SA KET Skagway, AK.............................. A SKA *Dutch Harbor, AK........................ A DTH Poker Creek, AK.......................... A PKC Nome, AK................................. A NOM Fairbanks, AK............................ A FRB DISTRICT 39--San Diego Andrade, CA.............................. SA AND Calexico, CA............................. SA CAL Calexico East Port....................... P IVP El Centro Proc. Ctr., CA................. P ECC *San Diego Port-of-Entry, CA............. A SDP *Otay Mesa, CA........................... A OTM *San Ysidro, CA.......................... SA SYS *Tecata, CA.............................. SA TEC ------------------------------------------------------------------------ BILLING CODE 4410-10-M [[Page 61398]] [GRAPHIC] [TIFF OMITTED] TN17NO97.020 [[Page 61399]] [GRAPHIC] [TIFF OMITTED] TN17NO97.021 [[Page 61400]] [GRAPHIC] [TIFF OMITTED] TN17NO97.022 [[Page 61401]] [GRAPHIC] [TIFF OMITTED] TN17NO97.023 [[Page 61402]] [GRAPHIC] [TIFF OMITTED] TN17NO97.024 [[Page 61403]] [GRAPHIC] [TIFF OMITTED] TN17NO97.025 [[Page 61404]] [GRAPHIC] [TIFF OMITTED] TN17NO97.026 [[Page 61405]] [GRAPHIC] [TIFF OMITTED] TN17NO97.027 [[Page 61406]] [GRAPHIC] [TIFF OMITTED] TN17NO97.028 [[Page 61407]] [GRAPHIC] [TIFF OMITTED] TN17NO97.029 [[Page 61408]] [GRAPHIC] [TIFF OMITTED] TN17NO97.030 [[Page 61409]] [GRAPHIC] [TIFF OMITTED] TN17NO97.031 BILLING CODE 4410-10-M [[Page 61410]] Attachment 6--Interim Guidance--Documentary Evidence for Excepted Categories of Aliens Eligible for SSI, Food Stamps, TANF, Medicaid, and Programs Funded by a Social Services Block Grant Under Section 402 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the ``Act''), only certain excepted categories of aliens remain eligible for SSI and Food Stamps. States may also limit eligibility for TANF, Medicaid and programs funded by a Social Services Block Grant to certain excepted categories of aliens. Some of the excepted categories enjoy unqualified exemptions from the restrictions in section 402, while others are exempted for limited time periods. The exceptions for each program, and the documents that may be used to determine eligibility under these exceptions, are set forth below. Exceptions A. SSI Certain categories of aliens are excepted from the restrictions on SSI eligibility imposed by Section 402. If an alien falls within one of the categories listed below, he or she remains eligible for SSI: Lawfully admitted permanent resident aliens who have worked or can be credited with 40 qualifying quarters (any quarter after December 31, 1996 cannot be counted if the alien received any federal means-tested public benefit during that quarter); Qualified aliens lawfully residing in any State who are honorably discharged veterans and who fulfill minimum active-duty service requirements, or who are on non-training active duty in the U.S. Armed Forces, or who are the spouse, unmarried dependent child, or unremarried surviving spouse of such a veteran or active-duty personnel, provided that, in the latter case, the marriage satisfies the requirements of 38 U.S.C. 1304 (see DOD/VA Guidance attached as Exhibit B hereto); Qualified aliens lawfully residing in the United States who were receiving SSI on August 22, 1996; Qualified aliens who were lawfully residing in the United States on August 22, 1996, and who are blind or disabled; American Indians born in Canada and to whom the provisions of section 289 of the INA apply; Members of an Indian tribe (as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act); or Qualified aliens receiving SSI benefits after July 1996 on the basis of an application filed before January 1, 1979, if the Commissioner of Social Security lacks clear and convincing evidence that such individuals are otherwise ineligible under section 402. Other categories of aliens remain eligible for SSI for only a limited time period: Asylees, for a period of seven years after obtaining such status; Aliens whose deportation or removal has been withheld, for a period of seven years after obtaining such status; Refugees, for a period of seven years after the date they entered the U.S. as refugees; Cuban/Haitian entrants, as defined in section 501(c) of the Refugee Education Assistance Act of 1980, for a period of seven years after they obtain such status; and Amerasian immigrants admitted to the U.S. pursuant to section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988, for a period of seven years after their admission. B. Medicaid Regardless of whether a State chooses to impose additional restrictions on the eligibility of aliens to receive Medicaid, the following categories of aliens are eligible: Lawfully admitted permanent resident aliens who have worked or can be credited with 40 qualifying quarters (any quarter after December 31, 1996 cannot be counted if the alien received any federal means-tested public benefit during that quarter); Qualified aliens lawfully residing in any State who are honorably discharged veterans and who fulfill minimum active-duty service requirements, or who are on non-training active duty in the U.S. Armed Forces, or who are the spouse, unmarried dependent child, or unremarried surviving spouse of such a veteran or active-duty personnel, provided that, in the latter case, the marriage satisfies the requirements of 38 U.S.C. 1304 (see DOD/VA Guidance attached as Exhibit B hereto); American Indians born in Canada and to whom the provisions of section 289 of the INA apply; and Members of an Indian tribe (as defined in section 4(e) of the Indian Self-Determination and Education Act). Time-limited exceptions apply to the following categories: Asylees, for a period of seven years after obtaining such status; Aliens whose deportation or removal has been withheld, for a period of seven years after obtaining such status; Refugees, for a period of seven years after the date they entered the U.S. as refugees; Cuban/Haitian entrants, as defined in section 501(e) of the Refugee Education Assistance Act of 1980, for a period of seven years after they obtain such status; and Amerasian immigrants admitted to the U.S. pursuant to section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988, for a period of seven years after their admission. Also, any alien receiving SSI benefits retains derivative eligibility for Medicaid, regardless of whether he or she is otherwise ineligible for Medicaid under the Act. C. Food Stamps, TANF, and Social Services Block Grant Programs With respect to TANF and programs funded by a Social Services Block Grant, states have the option of limiting aliens' eligibility for such programs. As an initial matter, then, you should determine whether your State has imposed additional eligibility requirements. Even if your State has chosen to impose such restrictions, the following categories of aliens would remain eligible for Food Stamps, TANF, and programs funded by a Social Services Block Grant, without any time limitation: Lawfully admitted permanent resident aliens who have worked or can be credited with 40 qualifying quarters (any quarter after December 31, 1996 cannot be counted if the alien received any federal means-tested public benefit during that quarter); and Qualified aliens lawfully residing in any State who are honorably discharged veterans and who fulfill minimum active-duty service requirements, or who are on non-training active duty in the U.S. Armed Forces, or who are the spouse, unmarried dependent child, or unremarried surviving spouse of such a veteran or active-duty personnel, provided that, in the latter case, the marriage satisfies the requirements of 38 U.S.C. Sec. 1304 (see DOD/VA Guidance attached as Exhibit B hereto). Time-limited exceptions apply to the following categories: Asylees, for a period of five years after obtaining such status; Aliens whose deportation of removal has been withheld, for a period of five years after obtaining such status; Refugees, for a period of five years after the date they entered the U.S. as refugees; Cuban/Haitian entrants, as defined in section 501(e) of the Refugee Education Assistant Act of 1980, for a [[Page 61411]] period of five years after they obtain such status; and Amerasian immigrants admitted to the U.S. pursuant to section 84 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988, for a period of five years after their admission. Unlike the derivative eligibility provision for Medicaid, aliens receiving SSI benefits for not entitled to derivative eligibility for Food Stamps if they are otherwise ineligible for Food Stamp benefits under the Act. Documentation of Exceptions The documents listed below (examples of which are attached to Attachment 5 of the Interim Guidance) establish that an applicant falls within one of the excepted categories of aliens. Under the INA, all aliens over the age of 14 who remain in the United States for longer than 30 days are required to register with the Immigration and Naturalization Service (the ``INS'') and obtain an alien registration document; all aliens over the age of 18 who receive a registration document are required to carry it with them at all times. With certain exceptions (e.g., Canadian visitors), aliens entering the U.S. are normally issued a registration document (e.g., an INS Form I-94) at the time of entry. The documents listed below that are registration documents are indicated with an asterisk (``*''). Each of the documents listed below will demonstrate lawful status, and you should not require presentation of a registration document if the applicant presents one for the other legally acceptable documents that reasonably appears on its face to be genuine and to relate to the person presenting it. However, if the document presented is not a registration document and does not on its face reasonably appear to be genuine or to relate to the person presenting it, it is appropriate to ask the applicant to produce his or her registration document as additional evidence of immigration status, so long as the request is not made for a discriminatory reason (see Nondiscrimination Advisory, Attachment 2 to Interim Guidance). Presentation of a registration document listed below that reasonably appears on its face to be genuine and to relate to the person presenting it (or to satisfy a higher applicable standard) will often obviate the need to verify the applicant's immigration status with the INS; if the applicant presents a registration document that does not meet this standard, sending the INS a copy of the document will assist it in verifying the applicant's status quickly and accurately. Alien Lawfully Admitted for Permanent Resident (``LPR'') under the INA Who Has Worked or Can Be Credited With 40 Qualifying Quarters or Who is Otherwise Eligible LPR: *INS Form I-551 (Alien Registration Receipt Card, commonly known as a ``green card''); or Unexpired temporary I-551 stamp in foreign passport or on *INS Form I-94. 40 Qualifying Quarters: Until you have access to SSA's automated system for verifying qualifying quarters, refer to the SSA Guidance attached as Exhibit A for guidance on how to verify 40 qualifying quarters. NOTE: Any quarter after December 31, 1996, cannot be counted if the alien received any federal means-tested public benefit during that quarter. LPR Who is Otherwise Eligible: An LPR who does not have 40 qualifying quarters will still be eligible if he or she: entered the U.S. as a refugee within the previous five years, was granted asylum during the previous five years, or had his or her deportation or removal withheld within the previous five years: If an applicant attests to having been admitted as a refugee within the previous five years, review the applicant's INS Form I-551 (green card) for code RE-6, RE-7, RE-8 or RE-9, and derive the date of admission from the date on the card. If an applicant attests to having been granted asylum or having had deportation or removal withheld within the previous five years, file INS Form G-845 and Supplement along with a copy of the I-551 with the local INS office to verify status. or is an honorably discharged veteran who fulfilled minimum active-duty service requirements, or is a person on none-training active duty or is the spouse, dependent child, or unremarried surviving spouse of such a person: Referer to DOD Guidance attached as Exhibit B for guidance on how to verify such status. Qualified Alien Lawfully Residing in State Who Is an Honorably Discharged Veteran, On Non-Training Active Duty in the U.S. Armed Forces, or the Spouse, Unmarried Dependent Child, or Unremarried Surviving Spouse of Such a Veteran or Active-Duty Personnel Refer to Attachment 5 to the Interim Guidance for documentation of qualified alien status; and Refer to DOD/VA Guidance attached as Exhibit B for guidance on how to verify veteran and active duty status. Qualified Alien Lawfully Residing in the U.S. Who Was Receiving SSI on August 22, 1996. Contact SSA for guidance on appropriate documentation. Qualified Alien Lawfully Residing the U.S. on August 22, 1996 Who Is Blind or Disabled Contact SSA for guidance on appropriate documentation. Qualified Alien Receiving SSI Benefits After July 1996 on the Basis of An Application Filed Before January 1, 1979: Contact SSA for guidance on appropriate documentation. American Indians Born in Canada and Covered By Section 289 of the INA *INS Form I-551 (Alien Registration Receipt Card, commonly known as a ``green card'') with the code S13; Unexpired temporary I-551 stamp in Canadian passport or on *INS Form I-94 with the code S13; or A letter or other tribal document certifying at least 50 per centum American Indian blood, as required by INA Section 289, combined with a birth certificate or other satisfactory evidence of birth in Canada. Members of an Indian Tribe Membership card or other tribal document demonstrating membership in a federally-recognized Indian tribe under section 4(e) of the Indian Self-Determination and Education Assistance Act. Contact Soo Song, Deputy Director, Office of Tribal Justice, United States Department of Justice, (202) 415-8812, for a list of federally- recognized tribes under section 4(e). If the individual has no document evidencing tribal membership, contact the tribal government for confirmation of the individual's membership. Tribal government contact lists are available from Soo Song, Deputy Director, Office of Tribal Justice, Department of Justice, (202) 514-8812. Asylee *INS Form I-94 annotated with stamp showing grant of asylum under Sec. 208 of the INA; *INS Form I-688B (Employment Authorization Card) annotated ``274a12(a)(5)''; INS Form I-766 (Employment Authorization Document) annotated ``A5''; [[Page 61412]] Grant letter from the Asylum Office of INS; or Order of an immigration judge granting asylum. Seven or Five-Year Limit: Where eligibility is limited to asylees who obtained asylee status within the previous seven or five years, INS Form I-94, the INS grant letter and the court order will each include the date asylee status was granted; if the applicant cannot provide any of these documents, file INS Form G-845 and Supplement along with a copy of the documents indicating asylee status with the local INS office to verify the date the status was granted. Refugee *INS Form I-94 annotated with stamp showing admission under section 207 of the INA; INS Form I-688B (Employment Authorization Card) annotated ``274a12(a)(3)''; *INS Form I-766 (Employment Authorization Document) annotated ``A3''; or INS Form I-571 (Refugee Travel Document). Seven or Five-Year Limit: Where eligibility is limited to aliens who were admitted as refugees within the previous seven or five years, the date of inspection on the refugee stamp on INS Form I-94 will indicate the date of admission as a refugee; if the date is missing or if the applicant cannot present an I-94, file INS Form G-845 and Supplement along with a copy of the pertinent documents with the local INS office to verify the date of admission as a refugee. Alien Whose Deportation or Removal Was Withheld *INS Form I-688B (Employment Authorization Card) annotated ``274a12(a)(10)''; INS Form I-766 (Employment Authorization Document) annotated ``A10''; or Order from an immigration judge showing deportation withheld under Sec. 243(h) of the INA as in effect prior to April 1, 1997, or removal withheld under Sec. 241(b)(3) of the INA. Seven or Five-Year Limited: Where eligibility is limited to aliens whose deportation was withheld within the previous seven or five years, the court order will include the date deportation was withheld; if the applicant does not present a court order, file INS Form G-845 and Supplement along with a copy of the pertinent documents with the local INS office to verify the date deportation was withheld. Cuban/Haitian Entrants *INS Form I-551 (Alien Registration Receipt Card, commonly known as a ``green card'') with the code CU6, CU7, and CH6; Unexpired temporary I-551 stamp in foreign passport or on *INS Form I-94 with the code CU6 or CU7; or INS Form *I-94 with stamp showing parole as ``Cuban/ Haitian Entrant'' under Section 212(d)(5) of the INA. Seven or Five-Year Limit: Where eligibility is limited to aliens who were granted status as a Cuban/Haitian entrant within the previous seven or five years, the date on the INS Form I-551 or the date of inspection on the stamp on INS Form I-94 will indicate the date status was granted; if the date is missing on Form I-94, file INS Form G-845 and Supplement along with a copy of the pertinent documents with the local INS office to verify the date status was granted. Amerasian Immigrants *INS Form I-551 (Alien Registration Receipt Card, commonly known as a ``green card'') with the code AM6, AM7, or AM8; or Unexpired temporary I-551 stamp in foreign passport or on *INS Form I-94 with the code AM1, AM2, or AM3. Seven or Five-Year Limit: Where eligibility is limited to aliens who were admitted as Amerasian immigrants within the previous seven or five years, the date on the INS Form I-551 or the date of inspection on the stamp on INS Form I-94 will indicate the date of admission; if the date is missing on Form I-94, file INS Form G-845 and Supplement along with a copy of the pertinent documents with the local INS office to verify the date of admission. Expired or Absent Documentation: If an applicant presents expired documents or is unable to present any documentation evidencing his or her immigration status, refer the applicant to the local INS office to obtain documentation of status. In unusual cases involving applicants who are hospitalized or medically disabled, or who can otherwise show good cause for their inability to present documentation, and for whom securing such documentation would constitute an undue hardship, if the applicant can provide an alien registration number, you may file INS Form G-845 and Supplement, along with the alien registration number and a copy of any expired INS document presented, with the local INS office to verify status. As with any documentation of immigration status, you should confirm that the status information you receive back from INS pertains to the applicant whose identity you have verified. Receipt for Replacement Document: If an applicant presents a receipt indicating that he or she has applied to the INS for a replacement document for one of the documents identified above, file INS Form G-845 and Supplement, along with a copy of the receipt and a copy of any expired INS document presented, with the local INS office to verify status. Upon return receipt of information from INS, confirm that it pertains to the applicant whose identify you have verified. You should ask to see the replacement document at a later date. Applicants with Disabilities and Nondiscrimination: If an applicant has a disability that limits the applicant's ability to provide the required evidence of immigration status (e.g., mental retardation, amnesia, or other cognitive or mental impairment), you should make every effort to assist the individual to obtain the required evidence. In addition, you should not discriminate against applicants on the basis of race, national origin, gender, religion, age or disability. See Nondiscrimination Advisory, Attachment 2 to Interim Guidance. Local INS Offices: A list of local INS offices and their addresses is set forth in Attachment 1 to the Interim Guidance. Attachment 1 also includes a copy of INS Form G-845 and the Supplement thereto to be used to verify immigration status pursuant to the Guidance. EXHIBIT A TO ATTACHMENT 6--SSA GUIDANCE ON CERTIFICATION OF 40 QUALIFYING QUARTERS Section 402 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (``the Act'') generally limits the eligibility of legal immigrants for certain federal public benefits, but sections 402(a)(2)(B) and (b)(2)(B) provide an exception for aliens lawfully admitted for permanent residence who have worked or can be credited with 40 quarters of qualified work. The law provides that the worker's own quarters and quarters worked by a parent while the alien was under age 18 or by a spouse during the marriage if the alien remains married to the spouse or the marriage ended by the death of the spouse may also be credited to the individual in determining the number of qualifying quarters. Implementing this requirement will be challenging for the individual immigrants, program administrators, and the Social Security Administration (``SSA''), which is the primary source of qualifying quarters information. SSA has developed an automated system to provide, on an overnight basis, information on qualifying quarters for work covered under the Social Security Act and certain, but not all, work [[Page 61413]] not covered under the Social Security Act. Verification of quarters of coverage for most applicants and current recipients will be accomplished primarily through this automated system. SSA's automated system is being revised to include additional available information on qualifying quarters from noncovered work. The following interim procedures for determining whether the 40 quarters of qualified work exception is met should be followed until you have access to the SSA automated system. This interim process authorizes certification of eligibility pending verification through the automated system. (This guidance does not supersede program requirements; programs should refer to statutes, regulations, and agency guidance governing certification of eligibility.) Under these interim procedures, the individual's attestation to 40 quarters is sufficient provided the immigrant, alone or in combination with his parents and/or spouse, has spent sufficient time in this country to have acquired 40 quarters of qualified work. The individual need only state that he or she, alone or in combination with his or her parents and/or spouse, has met the work requirement. No further documentation of earnings is required at application. These interim procedures should be used when the legal immigrant does not qualify under other exemptions of the Act (e.g., refugees, asylees, or deportees with five years of limited eligibility, or applicants with a claim to eligibility based on military service). Although the automated system is now available, each state must approve an addendum to the current Computer Matching and Privacy Protection Act agreement they maintain with SSA before access to the system can be approved. When you sign the agreement, SSA will provide further guidance defining covered/noncovered qualifying quarters, how to use the system when making determinations, and how to resolve problems arising from discrepancies. After the agreement addendum is signed and access to the system approved, you should contact SSA to schedule a quarters of coverage verification for each individual you conclude has met the 40 quarters exemption using these interim instructions. SSA will report back a qualifying quarters of coverage history for each individual and applicable family member requested. SSA will provide additional guidance and the name of the contact for scheduling verification. Interim Procedures To determine eligibility based on 40 qualifying quarters, the State agency/benefit provider should ascertain the applicant's understanding as to the following: 1. How many years has the applicant, the applicant's spouse (during their marriage if they are still married or the marriage ended by the death of the spouse), or the applicant's parents (before the applicant turned 18) lived and/or worked in this country. (If the answer to 1 is a total of less than 10 years, the applicant cannot meet the 40 qualifying quarter requirement. Stop at this point.) (If the total equals 10 years or the applicant alleges they commuted to work in the U.S., then proceed to question 2.) 2. In how many of the years reported in answer to question 1, did the applicant, the applicant's spouse, or the applicant's parent earn money through work. (If the state agency/benefit provider or the applicant needs further information about what constitutes a ``quarter of coverage'' in those years, they may wish to refer to the attached chart.) Verify, from INS documents, the date of entry into the country of the applicant, spouse and/or parent. If the dates are consistent with having 10 or more years of work, no further documentation is required at this time; the state agency/benefit provider should conclude that the immigrant meets the 40 qualifying quarters of work exception pending verification from SSA. Inform the applicant (subject to each program's requirements and due process considerations) that he/she may have to repay any benefits to which he/she is not found to be entitled after verification. Keep a record of each individual certified pending verification from SSA. If the dates of entry are inconsistent with having 10 or more years of work, deny benefits and notify the applicant of his/her right to appeal the denial of benefits. The applicant shall also provide, for purposes of future verification, the full name, social security number, date of birth, and sex of each individual (self, parent or spouse) whose work history is relevant to the determination of eligibility. In addition, obtain a release form signed by each such individual (copy attached) giving SSA permission to release information concerning that individual's entire quarters of coverage history to the state agency/benefit provider and/or the applicant. This form shall be retained in the case file to document the individual's consent. As noted earlier, these are temporary instructions and you should schedule verification of all cases processed under these guidelines with SSA. In its response, SSA will provide available information about qualifying quarters of work. Consult the SSA guidelines for using the system if the immigrant believes the information from SSA is inaccurate or incomplete. If SSA action is required, SSA will give the individual a document indicating that the number of quarters is under review. Refer to the requirements of your program to determine whether an immigrant may receive benefits during the period of SSA's review. Establishing Qualifying Quarters The term ``quarter'' means the three calendar month period ending on March 31, June 30, September 30, or December 31 of any year. Social Security credits called ``quarters of coverage'' (``QCs'') are earned by working at a job or as a self-employed individual. Each earner can be credited with a maximum of four quarters each year. For 1978 and later, credits are based solely on the total yearly amount of earnings. All types of earnings follow this rule. The number of creditable QCs are obtained by dividing the individual's total yearly earned income by the increment amount for the year up to a yearly maximum of four. The amount of earnings needed to earn a credit increases and is different for each year. For 1978 through 1997, the amount of earnings needed for each credit is: 1978...............................................................$250 1979...............................................................$260 1980...............................................................$290 1981...............................................................$310 1982...............................................................$340 1983...............................................................$370 1984...............................................................$390 1985...............................................................$410 1986...............................................................$440 1987...............................................................$460 1988...............................................................$470 1989...............................................................$500 1990...............................................................$520 1991...............................................................$540 1992...............................................................$570 1993...............................................................$590 1994...............................................................$620 1995...............................................................$630 1996...............................................................$640 1997...............................................................$670 A current year quarter may be included in the 40 quarter computation. Use the yearly amount shown in the chart as the divisor to determine the number of quarters available up to a yearly maximum of four. FOLLOW YOUR AGENCY GUIDELINES REGARDING COUNTING A QUARTER THAT HAS NOT ENDED. If you need to use quarters before 1978: A credit was earned for each calendar quarter in which an individual was paid $50 or more in wages (including agricultural wages for 1951-1954); Four credits were earned for each taxable year in which an individual's net earnings from self-employment were $400 or more; and/or A credit was earned for each $100 (limit to a total of four) of agricultural wages paid during the year for years 1955 through 1977. QUALIFYING QUARTER FROM NONCOVERED EARNINGS WILL ALSO BE DETERMINED USING THE ABOVE GUIDELINES. EXHIBIT B TO ATTACHMENT 6--DOD GUIDANCE ON IMPLEMENTATION OF VETERAN AND ACTIVE DUTY EXCEPTION This fact sheet provides guidance for implementing certain sections of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (``the Act'') concerning exemptions for active duty service members and veterans and their family members. The Act limits the eligibility of certain aliens to receive public benefits. Under various provisions of the Act, a qualified alien who is lawfully residing in a state and is (1) a veteran (per 38 U.S.C. 101(2), 107, 1101, or 1301) with an Honorable Discharge (not on account of alienage) and who fulfills the minimum active-duty service requirements of 38 U.S.C. 5303A(d); (2) on active duty (other than active duty for training) in the United States Armed Forces; or (3) a spouse, unmarried dependent child, or unremarried surviving spouse of such an individual, is eligible for particular programs. [[Page 61414]] Honorably Discharged Veterans A discharge certificate, DD Form 214 or equivalent, that shows active duty in the Army, Navy, Air Force, Marine Corps, or Coast Guard and character of discharge ``Honorable'' is acceptable to qualify for the veteran exemption without further inquiry, unless the certificate appears to have been altered or is otherwise irregular. A discharge certificate that shows character of discharge as anything but ``Honorable'' is not acceptable for purposes of this exemption and need not be referred to the VA. (Note: A character of discharge ``Under Honorable Conditions'' is NOT an ``Honorable'' discharge for these purposes.) A discharge certificate that shows ``Honorable'' and any other branch of service or any other type of duty (e.g., ``Active Duty for Training,'' ``Inactive Duty for Training,'' etc.) should be referred to the local VA regional office for determination as to veteran status. If veteran status is claimed but the individual has no papers showing service or discharge, refer the inquiry to the local VA regional office to determine veteran status. If a discharge certificate, DD Form 214 or equivalent, shows an original enlistment in the Army, Navy, Air Force, Coast Guard, or Maine Corps before September 7, 1980, there is no minimum active-duty service requirement. If a discharge certificate, DD Form 214 or equivalent, shows two or more years of continuous active duty in the Army, Navy, Air Force, Coast Guard, or Marine Corps, the individual meets the minimum active-duty service requirement. If such a discharge certificate is not available, or if it shows active-duty service of less than two years with an original enlistment after September 7, 1980, refer the inquiry to the local VA regional office to determine satisfaction of the minimum active- duty service requirement. Applications for exemption based on status as a spouse, unmarried dependent child, or unremarried surviving spouse of an honorably discharged veteran require a determination of the veteran's status and a determination that the applicant is a spouse or child. Status of the veteran may be established by possession of a discharge certificate showing an ``Honorable'' discharge. If the applicant is not in possession of a discharge certificate, refer the question of veteran status to the VA for a determination. The determination as to whether the individual is a spouse or an unmarried dependent child should be made based on your agency guidance for marital and dependency status. VA will not make spousal or dependency findings in these cases. Applications for exception based on status as an unremarried surviving spouse of a veteran or active-duty personnel further require the following findings (set forth in 38 U.S.C. 1304), in addition to a determination that the surviving spouse has not remarried: --that the surviving spouse was married to the veteran or active- duty personnel within fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; --that the surviving spouse was married to the veteran or active- duty personnel for one year or more; or --that a child was born of the relationship between the surviving spouse and the veteran or active-duty personnel, either during or before the marriage. Members on Active Duty Active duty as a member of the Armed Forces means the individual is on full time duty in the U.S. Army, Navy, Air Force, Marine Corps, or Coast Guard. It does not include full-time National Guard duty. Service members on active duty shall establish their status by presenting a current Military Identification Card (DD Form 2 (Active)) that lists an expiration date of more than one year from the date of determination. If the Military Identification Card is due to expire within one year from the date of the determination, the service member shall verify active duty by showing a copy of his or her current military orders. If the service member is unable to furnish a copy of his or her military orders, active duty may be verified through the nearest RAPIDS (Real Time Automated Personnel Identification System) (located at many military installations) or by notifying the following office in writing (which can be transmitted by facsimile): DEERS Support Office, ATTN: Research and Analysis, 400 Gigling Road, Seaside, California 93955-6771, Fax Number: (408) 655-8317. Reserve Members (not on active duty for training) Active duty for training is temporary full-time duty in the Armed Forces performed by members of the Reserves, Army National Guard, or Air National Guard for training purposes. Active duty for training does not establish eligible status. However, a discharge from active duty for training may establish veteran status and should be referred to VA for a determination. A Member of a Reserve Component shall establish status by showing a current DD Form 2 (Reserve) [red] and military active duty orders showing such person is on active duty, but not on active duty for training. No other method for verifying this status is currently available. Spouse, Children, or Unremarried Surviving Spouse of Active Duty Members or Veterans Step 1. Establish that the individual is a spouse, dependent child, or unremarried surviving spouse of an active duty member or veteran. The determination as to whether an individual is a spouse of an active duty member or veteran should be made based on your agency guidance. Possession of a current Military Identification Card showing that the individual is married to a veteran or active duty member may be considered as evidence of marriage to the member. The determination as to whether an individual is an unremarried surviving spouse of an active-duty member or veteran should be made based on agency guidance, in accordance with the following requirements (set forth in 38 U.S.C. Sec. 1304), in addition to a determination that the surviving spouse has not remarried: --the surviving spouse was married to the veteran or active-duty personnel within fifteen years after the termination of the period of service in which the injury or disease causing the death of the veteran was incurred or aggravated; --the surviving spouse was married to the veteran or active-duty personnel for one year or more; or --that a child was born of the relationship between the surviving spouse and the veteran or active-duty personnel, either during or before the marriage. The determination as to whether an individual is an unmarried legally adopted or biological dependent child of an honorably discharged veteran or active duty member of the Armed Forces should be made based on your agency guidance. Possession of a Military Identification Card may be considered as evidence that a child is dependent on the veteran or on the active duty member of the Armed Forces for his or her support and is under the age of 18 or if a full time student, under age 22. Step 2. Determine that the member is on active duty or is a veteran. A spouse or child in possession of a Military Identification Card with an expiration date of more than one year from the date of its presentation presumptively meets the active duty requirement for his or her spouse or parent respectively. If the Identification Card is due to expire within one year, the spouse or child must provide a copy of the military orders for his or her spouse or parent as applicable to establish the active duty status of the service member. If married to a reserve member or if an unmarried child of a reserve member, the orders must show that the service member is on active duty and not on active duty for training. For dependents not possessing military orders but possessing an Identification Card with an expiration date less than one year from the date of presentation, active duty status can be verified by contacting RAPIDS or the DEERS Support Office. If a dependent child does not possess a Dependent Military Identification Card, status may be ascertained through the nearest RAPIDS station or by contacting the DEERS Office at the address provided above. A spouse or child showing a discharge certificate, DD Form 214 or equivalent, that shows active duty in the Army, Navy, Air Force, Marine Corps or Coast Guard and character of discharge ``Honorable'' is acceptable to establish the veteran status of his or her spouse or parent respectively without further inquiry, unless the certificate appears to be altered or irregular. If veteran status is claimed, but the spouse or child does not have papers showing service or discharge, refer the inquiring to the local VA regional office for determination. Attachment 7--Interim Guidance; Federal Means-Tested Public Benefits The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (the ``Act'') provides that qualified aliens entering the United States on or after August 22, 1996, are ineligible for [[Page 61415]] federal means-tested public benefits during the first five years they are qualified aliens, unless they fall within a specific exception. (With limited exceptions, non-qualified aliens are ineligible for such benefits regardless of when they entered the United States.) All qualified aliens are eligible for federal means-tested public benefits after the expiration of such five-year period, unless the State in which the alien seeks benefits has imposed additional restrictions on eligibility. The Department of Health and Human Services and the Social Security Administration have interpreted the limitations on eligibility for federal means-tested public benefits to apply only to mandatory spending programs of the federal government in which eligibility for benefits, or the amount of such benefits, or both, are determined on the basis of income, resources, or financial need of the individual, household, or family. See 62 FR 45,256 (August 26, 1997); 62 FR 45,284 (August 26, 1997). Under the HHS and SSA interpretations, TANF, Medicaid, and SSI are federal means-tested public benefits that are not otherwise exempted under the Act. You should consult with the appropriate federal agency overseeing the benefit program you administer to determine whether the program is a federal means-tested public benefit program. The eligibility of qualified aliens for federal means-tested public benefits turns on whether they entered the U.S. before August 22, 1996, the number of years since they obtained qualified alien status, their particular immigration status, and the specific benefits they are seeking. 1. Determine whether the qualified alien entered the United States before August 22, 1996, by reviewing the documents evidencing his or her immigration status or, if the documents do not indicate whether the alien entered before August 22, 1996, by reviewing additional documentation pursuant to guidance provided by the agency or department overseeing your program. Further determine whether the qualified alien obtained qualified alien status prior to August 22, 1996. See Attachment 6 for a list of documents evidencing qualified alien status and guidance on how to derive relevant dates from those documents. In addition to the documents listed in Attachment 6, an alien who was in the United States before August 22, 1996, in a nonimmigrant or other lawful status, but who subsequently obtained qualified alien status, may present INS Form I-94, which is stamped with the date of entry, to demonstrate entry prior to August 22, 1996. If the applicant entered the United States before August 22, 1996, and obtained qualified alien status before that date, he or she is eligible for all federal means-tested public benefits for which he or she satisfies all programmatic eligibility requirements. You should not engage in any further verification of immigration status for these persons. If the applicant entered the United States before August 22, 1996, but obtained qualified alien status after that date, you must verify that the alien was continuously present in the United States from the latest date of entry prior to August 22, 1996, until the date he or she obtained qualified alien status. In general, any single absence from the United States of more than 30 days, or a total of aggregated absences of more than 90 days, should be considered to interrupt ``continuous presence.'' To verify continuous presence, you should follow guidance provided by the agency or department overseeing your program, which may call for an applicant to present additional documentation such as tax returns, bills, rent receipts, or a letter from an employer. If the applicant can demonstrate continuous presence, he or she is eligible for all federal means-tested public benefits for which he or she satisfies all programmatic eligibility requirements. If the applicant entered the United States before August 22, 1996, and obtained qualified alien status after that date but was not continuously present in the United States from the latest date of entry prior to August 22, 1996, until obtaining such status, determine if he or she is eligible under Paragraphs 2 and 3 below. If the applicant entered the United States on or after August 22, 1996, and is a qualified alien, determine if he or she is eligible under Paragraphs 2 and 3 below. 2. With certain exceptions listed below, an applicant who entered the United States on or after August 22, 1996, and has attained qualified alien status, or who entered the United States before August 22, 1996, and obtained qualified alien status after that date but did not remain continuously present in the United States from the latest date of entry prior to August 22, 1996, until obtaining such status, is ineligible for all federal means-tested public benefits during the first five years after he or she obtained qualified alien status. Thus, unless the applicant falls within one of the excepted categories listed below, such an applicant is only eligible for federal means-tested public benefits for which he or she satisfies all programmatic eligibility requirements if five years have passed from the date the applicant attained qualified alien status. Determine the date on which the applicant attained qualified alien status by reviewing the documents evidencing his or her status or, if the documents do not indicate the date he or she obtained such status, by filing INS Form G- 845 and Supplement along with a copy of the document with the local INS office. As noted above, the following categories of aliens are exempt from this five-year ban: a. Refugees, asylees and aliens whose deportation or removal has been withheld--see Attachment 5 to Interim Guidance for definition and documentation; b. Qualified aliens lawfully residing in any state who are honorably discharged veterans and who fulfill minimum active-duty service requirements, or who are on non-training active duty in the U.S. Armed Forces, or who are the spouse, unmarried dependent child, or unmarried surviving spouse of such a veteran or active service member, provided that, in the latter case, the marriage satisfies the requirements of 38 U.S.C. 1304--see Attachment 6 and Exhibit B thereto to Interim Guidance for definition and documentation; c. Cuban/Haitian entrants, as defined in section 501(e) of the Refugee Education Assistance Act of 1980; d. Amerasian immigrants admitted to the U.S. pursuant to section 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act of 1988; and e. With respect to SSI and Medicaid benefits, American Indians born in Canada and to whom the provisions of section 289 of the INA apply or members of an Indian tribe (as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act). 3. Under the terms of the Act, the five-year ban does not apply to the following benefits or assistance: Medical assistance under Title XIX of the Social Security Act (or any successor program to such Title) for care and services that are necessary for the treatment of an emergency medical condition (as defined in Sec. 1903(v)(3) of such Act) of the alien involved and are not related to an organ transplant procedure, if the alien involved otherwise meets the eligibility requirements for medical assistance under the state plan approved under such Title (other than the requirement of the receipt of aid or assistance under Title IV of such Act, SSI benefits under [[Page 61416]] Title XVI of such Act, or a state supplementary payment); Short-term, non-cash, in-kind emergency disaster relief; Assistance or benefits under the National School Lunch Act; Assistance or benefits under the Child Nutrition Act of 1966; Public health assistance (not including any assistance under Title XIX of the Social Security Act) for immunizations with respect to immunizable diseases and for testing and treatment of symptoms of communicable diseases whether or not such symptoms are caused by a communicable disease; Payments for foster care and adoption assistance under parts B and E of Title IV of the Social Security Act for a parent or child who would, in the absence of the Act's prohibition on payment of federal means-tested public benefits to qualified aliens during the first five years after entry into the U.S. with qualified alien status, be eligible to have such payments made on the child's behalf under such part, but only if the foster or adoptive parent(s) of such child is a qualified alien; Benefits covered by Attorney General Order No. 2049, 61 F.R. 45985 (Aug. 30, 1996), re: government-funded community programs, services or assistance that are necessary for protection of life or safety; Programs of student assistance under Titles IV, V, IX, and X of the Higher Education Act of 1965, and Titles III, VII, and VIII of the Public Health Service Act; Means-tested programs under the Elementary and Secondary Education Act of 1965; Benefits under the Head Start Act; and Benefits under the Job Training Partnership Act. [FR Doc. 97-29851 Filed 11-14-97; 8:45 am] BILLING CODE 4410-10-M