# ORR State Letter

**\# 08-04 Date: January 18, 2008**

TO: STATE REFUGEE COORDINATORS

REFUGEE HEALTH COORDINATORS

NATIONAL VOLUNTARY AGENCIES

OTHER INTERESTED PARTIES

FROM: Brent Orrell

Acting Director

Office of Refugee Resettlement

SUBJECT: Consolidated Appropriations Act, 2008:

> Time Limited Eligibility for ORR Benefits and Services of Iraqis and
> Afghans Granted Special Immigrant Status under Section 101 (a)(27) of
> the Immigration and Nationality Act (INA)

**Purpose of this ORR State Letter**

The purpose of this ORR State Letter is to provide guidance to Refugee
Service Providers on the eligibility of Iraqi and Afghan Special
Immigrants for ORR benefits and services, their date of eligibility, and
the duration of benefits and services, based on the legislation
described below.

Section 525 of Title V of Division G of Public Law 110-161, "The
Consolidated Appropriations Act, 2008" signed into law on December 26,
2007 contains the following language:

"Iraqi and Afghan aliens granted special immigrant status under section
101(a)(27) of the Immigration and Nationality Act (INA) shall be
eligible for resettlement assistance, entitlement programs, and other
benefits available to refugees admitted under section 207 of such Act
for a period not to exceed 6 months."

Effective December 26, 2007, Iraqi/Afghan Special Immigrants are
eligible for ORR benefits and services to the same extent as are
refugees, but only up to six months, at which time their ORR eligibility
ceases. In no case can eligibility begin on a date prior to December 26,
2007.

**Iraqi and Afghan Special Immigrants and Family Members**

Under section 1059 of the National Defense Authorization Act for Fiscal
Year 2006, Public Law 109-163, up to 50 Iraqi and Afghan translators
employed by the U.S. military have been eligible for special immigrant
visas each fiscal year. Public Law 110-36, which the President signed
into law on June 15, 2007, amends section 1059 by expanding the total
number of beneficiaries to 500 a year for FY 2007 and FY 2008 only. In
FY 2009, the number of visas available for this category is set to
revert to 50 annually. Spouses and unmarried children under the age of
21 may accompany to the U.S. or follow-to-join the Iraqi or Afghan
Special Immigrant. The family members do not count against the previous
50 per year or current 500 per year quota for Iraqi and Afghan Special
Immigrants. Family members following to join the principal SIV are not
eligible for travel loans or travel assistance. ORR will not pay nor
reimburse the travel costs of the Iraqi or Afghan Special Immigrant,
spouse, or child.

**Iraqi or Afghan Special Immigrant Date of Eligibility for ORR Benefits
and Services is Date of Entry to the U.S.**

The date of eligibility for ORR benefits and services of the Iraqi or
Afghan Special Immigrant is his or her entry date, i.e., the date he or
she was admitted to the U.S. as an Iraqi or Afghan Special Immigrant.
The date of eligibility for ORR benefits and services is not the date of
application for ORR benefits and services. For Iraqis with an entry date
to the U.S. prior to December 26, 2007 when the Consolidated
Appropriations Act, 2008 became law, their date of eligibility for ORR
benefits and services remains their date of entry to the U.S. as an
Iraqi/Afghan Special Immigrant.

To determine the date of eligibility for ORR benefits and services of
Iraqi and Afghan Special Immigrants, ORR reviewed the law and policy for
other populations eligible for ORR assistance. Section 412(e)(1) of the
INA outlines a refugee assistance program that provides benefits
\"beginning with the first month in which such refugee has entered the
United States \..." As with refugees, other populations that are
eligible for ORR benefits and services also receive assistance when they
first enter the country or when they first receive their status. *See*
ORR State Letters \# 00-12, \# 00-15, \# 00-17, and \# 01-13. These
policies concerning entry date reinforce the statutory mandate to
provide assistance so that refugees and other eligible populations may
achieve self-sufficiency as quickly as possible. *See* INA §
412(a)(1)(A).

**Date of Eligibility and Six Month Time Limit on Eligibility for ORR
Benefits and Services for Iraqi or Afghan Special Immigrants**

No ORR-funded benefits or services may be provided to the Iraqi or
Afghan Special Immigrant after six months from their date of entry to
the U.S. No additional assistance or services will be provided for the
months of eligibility that occurred prior to the effective date of the
law, December 26, 2007, or prior to the date of application for ORR
benefits and services. Thus an Iraqi Special Immigrant whose date of
entry to the U.S. was October 1, 2007 will not be eligible for ORR
benefits and services after March 31, 2008, regardless of his date of
application for ORR benefits and services. Refer to 45 CFR 400.220,
Counting time eligibility for refugees. Most states have opted to count
time-eligibility on the basis of calendar months, as shown in this
example.

An Iraqi or Afghan Special Immigrant who arrives in the U.S. on March 1,
2008, and first applies for ORR benefits and services on May 1, 2008, is
eligible to receive benefits and services only up to August 31, 2008,
six months after date of entry to the U.S. as a Special Immigrant on
March 1, 2008. There is no provision to provide benefits and services to
make up for the delay between date of entry to the U.S. and date of
application for ORR benefits and services. **[The date of eligibility
for ORR benefits and services is not the date of application for ORR
benefits and services.]{.underline}**

For Iraqi and Afghan Special Immigrants who acquire Special Immigrant
Status while in the U.S., the date of eligibility for ORR benefits and
services (their "entry" date) begins on the date of grant of Iraqi or
Afghan Special Immigrant status. These will be cases of Iraqis or
Afghans who were paroled into the U.S. or entered the U.S. in some other
status, and then while in the U.S. made application for and were granted
Iraqi or Afghan Special immigrant status. Until an Iraqi or Afghan
holding parole or some other non-immigrant status becomes an Iraqi or
Afghan Special Immigrant, he/she is not eligible for ORR benefits and
services.

It is useful here to reference the following:

45 CFR Sec. 400.220 "Counting Time-Eligibility of Refugees"

"A state may calculate the time-eligibility of a refugee under this part
in either of the following ways (a) On the basis of calendar months, in
which case the month of arrival in the United States must count as the
first month; or (b) On the basis of the actual date of arrival, in which
case each month will be counted from that specific date." {54 FR 5483,
Feb. 3, 1989}

Because no ORR-funded benefits or services may be provided to the Iraqi
or Afghan Special Immigrants beyond six months from their date of entry
to the U.S., Refugee Service providers should take this six month
limitation into account in provision of benefits and services to Iraqi
and Afghan Special Immigrants. For example, ORR-funded long term (beyond
six months) social services including employability services are not
available to Iraqi and Afghan Special immigrants, thus making early,
focused job search assistance particularly critical.

The six-month time eligibility period may require manual tracking
independent of existing automated eligibility systems programmed for
eight months of RCA and RMA. Other standard ORR benefit time frames,
such as social services, may require special tracking for Iraqi and
Afghan Special Immigrants, given their six month eligibility.

**Eligibility for ORR Benefits and Services of Family Members of Iraqi
and Afghan Special Immigrants**

Spouses and unmarried children under the age of 21 may accompany to the
U.S. or follow-to-join the Iraqi or Afghan Special Immigrant, as noted
above. Any family member of an Iraqi or Afghan Special Immigrant who
applies for ORR-funded benefits and services should produce
documentation to demonstrate identity and immigration status as an Iraqi
or Afghan Special Immigrant.

**Documentation of Eligibility for ORR Benefits and Services of Iraqi
and Afghan Special Immigrants**

Providers will be required to determine eligibility in accordance with
ORR regulations. This eligibility determination includes confirmation of
the individual's status and date of entry through appropriate
documentation.

**[The following documents will confirm both status and date of entry
for Iraqi and Afghan Special Immigrants:]{.underline}**

+---------------------------------+------------------------------------+
| **Applicant**                   | **Documentation**                  |
+---------------------------------+------------------------------------+
| Principal Applicant Iraqi or    | Iraqi or Afghan passport with an   |
| Afghan Special Immigrant        | immigrant visa stamp noting that   |
|                                 | the individual has been admitted   |
|                                 | under IV (Immigrant Visa) Category |
|                                 | SI1                                |
|                                 |                                    |
|                                 | and DHS stamp or notation on       |
|                                 | passport or I-94 showing date of   |
|                                 | entry                              |
+---------------------------------+------------------------------------+
| Spouse of Principal Applicant   | Iraqi or Afghan passport with an   |
| Iraqi or Afghan Special         | immigrant visa stamp noting that   |
| Immigrant                       | the individual has been admitted   |
|                                 | under IV (Immigrant Visa) Category |
|                                 | SI2                                |
|                                 |                                    |
|                                 | and DHS stamp or notation on       |
|                                 | passport or I-94 showing date of   |
|                                 | entry                              |
+---------------------------------+------------------------------------+
| Unmarried Child Under 21 Years  | Iraqi or Afghan passport with an   |
| of Age of Iraqi or Afghan       | immigrant visa stamp noting that   |
| Special Immigrant               | the individual has been admitted   |
|                                 | under IV (Immigrant Visa) Category |
|                                 | SI3                                |
|                                 |                                    |
|                                 | and DHS stamp or notation on       |
|                                 | passport or I-94 showing date of   |
|                                 | entry                              |
+---------------------------------+------------------------------------+
| Principal Applicant Iraqi or    | DHS Form I-551 ("green card")      |
| Afghan Special Immigrant        | showing Iraqi or Afghan            |
|                                 | nationality (or Iraqi or Afghan    |
| Principal Adjusting Status in   | passport), with an IV (immigrant   |
| the U.S.                        | visa) code of SI6                  |
+---------------------------------+------------------------------------+
| **Applicant**                   | **Documentation**                  |
+---------------------------------+------------------------------------+
| Spouse of Principal Applicant   | DHS Form I-551 ("green card")      |
| Iraqi or Afghan Special         | showing Iraqi or Afghan            |
| Immigrant in SI6 Category       | nationality (or Iraqi or Afghan    |
|                                 | passport), with an IV (immigrant   |
|                                 | visa) code of SI7                  |
+---------------------------------+------------------------------------+
| Unmarried Child Under 21 Years  | DHS Form I-551 ("green card")      |
| of Age of Iraqi or Afghan       | showing Iraqi or Afghan            |
| Special Immigrant in SI6        | Nationality (or Iraqi or Afghan    |
| Category                        | passport), with an IV ("immigrant  |
|                                 | visa") code of SI9                 |
+---------------------------------+------------------------------------+

**Iraqi and Afghan Special Immigrants Eligibility for Federal Public
Benefits Other Than ORR Benefits and Services**

Under the language in the Consolidated Appropriations Act, 2008, in
addition to resettlement assistance, Iraqi and Afghan Special Immigrants
are eligible for "entitlement programs, and other benefits available to
refugees admitted under section 207 of such Act for a period not to
exceed 6 months." These programs and benefits would appear to include
federal public benefits, such as Temporary Assistance for Needy Families
and Food Stamps. In order to receive the benefits, they would also need
to meet the income, resource, and other eligibility requirements. These
benefit programs are not administered by the Office of Refugee
Resettlement, and questions about them should be directed to the
appropriate office or agency.

Any legislation apart from the Consolidated Appropriations Act, 2008
that affords ORR eligibility to Iraqi and Afghan Special Immigrants will
be treated in a separate ORR State Letter.

**This policy change is effective immediately.**

If you have questions regarding any of the information contained in this
State Letter, please contact Thomas Pabst at (202) 401-5398 or by email
at <thomas.pabst@acf.hhs.gov>.