# ORR State Letter

**\#** 07-14 **Date: Oct. 19, 2007**

TO: STATE REFUGEE COORDINATORS

NATIONAL VOLUNTARY AGENCIES

OTHER INTERESTED PARTIES

FROM: Brent Orrell

Acting Director

Office of Refugee Resettlement

SUBJECT: Cuban Parolee and non-Cuban Spouse or non-Cuban Child: Spouse
and Child Not Eligible for ORR Benefits and Services

In response to the U.S. Department of Homeland Security Cuban Medical
Professional Program[^1], Cuban medical professionals and their spouses
and children have begun arriving in the United States and some are
applying for ORR benefits and services. Many of the spouses and children
are non-Cuban, that is, are nationals or citizens of a country other
than Cuba. **These non-Cuban spouses and children do not meet the
definition of a "Cuban and Haitian entrant" as defined in the Refugee
Education Assistance Act of 1980 (REAA), Pub. L. No. 96-422, because
they are not Cubans and, therefore, unless they have another status
qualifying them for ORR assistance, they are not eligible for ORR
benefits and services.** Although the impetus for this State Letter is
the rise in applications for ORR benefits and services from increasing
arrivals of Cuban medical professionals and their non-Cuban spouses and
non-Cuban children, the eligibility rules discussed here apply equally
to the non-Cuban spouses and non-Cuban children of Cuban and Haitian
entrants who are not medical professionals.

**[Background]{.underline}**

**The Cuban Adjustment Act (CAA)**

In some cases, a Cuban family paroled into the U.S. may include a spouse
or child who was not born in Cuba, or who is a citizen of a country
other than Cuba. The fact of the spouse's or child's birth outside Cuba,
or citizenship in a country other than Cuba, has no disqualifying impact
on the spouse or child's status as a parolee and eligibility to adjust
status to lawful permanent resident under the Cuban Adjustment Act
(CAA), Pub. L. No. 89-732, after one year in the U.S. However, during
the one year period prior to CAA adjustment, the non-Cuban parolee
spouse or child is not eligible for ORR benefits and services. Even
after one year and upon adjustment of status, the non-Cuban spouse or
non-Cuban child remain ineligible for ORR benefits and services, unless
he or she is somehow able to qualify for ORR assistance on other
grounds.

The CAA states that, "notwithstanding the provisions of section 245(c)
of the Immigration and Nationality Act, the status of any alien who is a
native or citizen of Cuba and who has been inspected and admitted or
paroled into the United States subsequent to January 1, 1959, and has
been physically present in the United States for at least one year, may
be adjusted by the \[Secretary of Homeland Security or the\] Attorney
General, in his discretion and under such regulations as he may
prescribe, to that of an alien lawfully admitted for permanent residence
if the alien makes an application for such adjustment, and the alien is
eligible to receive an immigrant visa and is admissible to the United
States for permanent residence."

The Immigration and Nationality Act (INA) defines \"child\" so that a
person\'s son or daughter must be unmarried and not yet 21 years of age
to qualify as that person\'s \"child.\" Step-children, adopted children,
and children born out of wedlock can qualify as \"children\" for
purposes of CAA adjustment, if the claimed parent-child relationship
meets the requirements specified in section 101(b)(1) of the INA.

The CAA applies to the spouse and children of the alien regardless of
their country of citizenship or place of birth, provided:

· the relationship continues to exist until the dependent spouse or
child adjusts status;

· they are residing with the principal alien in the United States;

· they make an application for adjustment of status under the CAA;

· they are eligible to receive an immigrant visa; and

· they are otherwise admissible to the United States for such permanent
residence.

The CAA states that \"*the provisions of this Act shall be applicable to
the spouse and child of any alien described in this subsection*,
**regardless of their citizenship and place of birth,** *who are
residing with such alien in the United States.\"* Regardless of the
country in which a child of Cuban citizen parolee(s) or Cuban national
parolee is born, such a child who meets the INA definition of "child"
will be eligible to adjust his or her status under the CAA to that of
Lawful Permanent Resident when the Cuban parent(s) apply for adjustment.

**Cuban and Haitian Entrants and Eligibility Requirements for ORR
Benefits and Services**

Employing the definition in the REAA, ORR defines a Cuban and Haitian
entrant as:

> \(a\) Any individual granted parole status as a Cuban/Haitian Entrant
> (Status Pending) or granted any other special status subsequently
> established under the immigration laws for nationals of Cuba or Haiti,
> regardless of the status of the individual at the time assistance or
> services are provided; and
>
> \(b\) Any other national of Cuba or Haiti
>
> \(1\) Who:
>
> \(i\) Was paroled into the United States and has not acquired any
> other status under the Immigration and Nationality Act;
>
> \(ii\) Is the subject of exclusion or deportation proceedings under
> the Immigration and Nationality Act; or
>
> \(iii\) Has an application for asylum pending with the Immigration and
> Naturalization Service; and
>
> \(2\) With respect to whom a final, nonappealable, and legally
> enforceable order of deportation or exclusion has not been entered.

45 CFR § 401.2

ORR State Letter \# 00-17 "Status and Documentation Requirements for the
Refugee Resettlement Program" dated September 14, 2000, describes the
immigration statuses that qualify an individual to be eligible for
Refugee Resettlement Program Benefits, and identifies the immigration
documentation that an applicant for ORR assistance or benefits must
present to prove the applicant holds one of those statuses. This ORR
State letter does not modify ORR State Letter #00-17.

The following is found in ORR State Letter \# 00-17:

Individuals with the following statuses are eligible for Refugee
Resettlement Program benefits (45 CFR §400.43(a)(1)-(6)):

1.  Individuals paroled as refugees or asylees under §212(d)(5) of the
    Immigration and Nationality Act (INA)

2.  Refugees admitted under §207 of the INA

3.  Asylees whose status was granted under §208 of the INA

4.  *Cuban and Haitian entrants, in accordance with the requirements in
    45 CFR §401.2*

    a.  Any individual granted parole status as a Cuban/Haitian Entrant
        (Status Pending) or granted any other special status
        subsequently established under the immigration laws for
        nationals of Cuba or Haiti, regardless of the status of the
        individual at the time assistance or services are provided

    b.  A national of Cuba or Haiti who was paroled into the United
        States and has not acquired any other status under the INA and
        with respect to whom a final, nonappealable, and legally
        enforceable order of removal, deportation or exclusion has not
        been entered

    c.  A national of Cuba or Haiti who is the subject of removal,
        deportation or exclusion proceedings under the INA and with
        respect to whom a final, nonappealable, and legally enforceable
        order of removal, deportation or exclusion has not been entered

    d.  A national of Cuba or Haiti who has an application for asylum
        pending with the INS and with respect to whom a final,
        nonappealable, and legally enforceable order of removal,
        deportation or exclusion has not been entered

**Nationality or Citizenship of Non-Cuban Spouse or Non-Cuban Child
Determined by DHS Based on Immigration or Citizenship Documentation
Presented**

DHS determines the citizenship or nationality of an alien by the
documentation presented to DHS at time of application for entry to the
U.S. A person claiming to be a national or citizen of Cuba would need to
produce documentation issued by the Government of Cuba as evidence of
this claim for DHS to treat the alien as Cuban and to enter the alien
into DHS records as a national or citizen of Cuba. In the case of a
national of Cuba accompanied by, for example, a spouse who presents to
DHS a passport from Mexico or from Venezuela, DHS will consider the
Cuban to be Cuban, the Mexican to be Mexican, and the Venezuelan to be
Venezuelan. DHS will not consider an alien with a non-Cuban passport to
be a Cuban national or citizen, solely because he or she is accompanied
by a Cuban national spouse. Similarly, the nationality or citizenship of
children is determined by DHS based on the documentation presented to
DHS as evidence of the childrens' nationality or citizenship. A child
born in Mexico or Venezuela to parents one or both of whom are Cuban,
may well carry a Mexican or Venezuelan passport, and be considered as
Mexican or Venezuelan by DHS. For the children to be considered Cuban
nationals, they would need to present documents to that effect issued by
the Government of Cuba.

Even if born outside of Cuba, the spouse or child of a Cuban parolee may
have a claim to Cuban citizenship if qualifying criteria are met and
stipulated Cuban procedures followed. For example, an individual who was
born outside Cuba, but who had at least one Cuban citizen parent, may
have acquired Cuban citizenship at birth under the jus sanguinis
principle. If the spouse or child born outside of Cuba can present a
Cuban passport, or other properly authenticated document from the Cuban
government indicating that spouse or child is a Cuban citizen, then the
person will be considered a Cuban for REAA purposes (even if the person
is also a citizen of another country).

Unless such a claim to Cuban citizenship or nationality has been
successfully pursued and documented by the spouse or child, they
continue to be non-Cuban under the REAA. *An unarticulated claim to
Cuban citizenship* confers no right, privilege, or status under the REAA
on the spouse or child for purposes of their U.S. immigration status
including at time of entry to the U.S., and does not lead to eligibility
for ORR benefits and services.

**Cuban Adjustment Act Cannot Confer On Non-Cuban Spouse or Non-Cuban
Child Status of Cuban Entrant Including Cuban Parolee Status**

It is true that the CAA permits the non-Cuban spouse or non-Cuban child
of a Cuban parolee to adjust status to lawful permanent resident. During
this first year in the U.S. in parole status, the non-Cuban spouse and
non-Cuban child are running the one year clock along with the Cuban
spouse for eligibility to apply for lawful permanent resident status
under the CAA, which they can achieve if other requirements are met. But
the CAA cannot confer on the non-Cuban spouse, or on the non-Cuban
child, the status of Cuban parolee, even though all family members
qualify to adjust under the CAA. During this initial year in the U.S.,
the immigration status of the non-Cuban spouse and non-Cuban child is
the status originally conferred on them by DHS/Customs and Border
Protection at time of the entry to the U.S. based on the documentation
of citizenship or nationality then presented to DHS and basis of
application for admission or parole to the U.S. The CAA cannot
retroactively or prospectively confer on the non-Cuban spouse or child
the status of Cuban Haitian entrant. The evidence of lawful permanent
resident status is the Form I-551 ("green card"), which may include a
code indicating the section of law under which the bearer adjusted
status, in this case CU7, family member of Cuban citizen or national
adjusting under the CAA.

**Cuban and Haitian Entrant is not a Derivative Status**

Nowhere in the definition of Cuban and Haitian Entrant is there mention
of spouse or child of the Cuban and Haitian Entrant, nor is there
reference to any authority for devolution of "derivative" Cuban and
Haitian Entrant status upon the non-Cuban spouse or non-Cuban child of a
Cuban and Haitian Entrant.

Only a citizen or national of Cuba could become a Cuban Entrant,
including Cuban parolee. A person not a citizen or national of Cuba
could never by definition be or become a Cuban Entrant or Cuban parolee.

**Non-Cuban Spouse or Non-Cuban Child of Cuban Parolee Are Ineligible
for ORR Benefits and Services**

Because the non-Cuban spouse or non-Cuban child of a Cuban parolee is by
definition not a Cuban parolee, he or she cannot be eligible for ORR
funded benefits and services as Cuban parolees. This is not to exclude
their potential ORR eligibility under some other ORR category, such as
Asylee or Victim of a Severe Form of Trafficking in Persons, categories
not discussed in this State Letter.

As a general rule, ORR Service Providers should not look behind DHS
nationality or citizenship determinations of applicants for ORR benefits
and services. If the DHS documentation presented by an applicant for ORR
services, or the Systematic Alien Verification for Entitlements (SAVE)
system identifies the applicant as a national of a country other than
Cuba, but the applicant for ORR services claims to be Cuban, he/she may
be referred to the Cuban Interest Section in Washington, D.C. to seek
documentation. (see appendix for contact information.) If the applicant
claims that he or she should have been admitted or paroled by DHS into
the U.S. as a Cuban, the applicant should be referred to DHS.

## [Appendix]{.underline}

## Cuban Adjustment Act

Pub. L. 89-732, Nov 2, 1966, 80 Stat. 1161, as amended by Pub. L.
94-571, Sec. 8, Oct. 20, 1976, 90 Stat. 2706; Pub. L. 96-212. Title II.
Sec. 203 (i) Mar. 17, 1980, 94 Stat. 108 (8 U.S.C.A. § 1255 note):

(provided) "That, notwithstanding the provisions of section 245 (c) of
the Immigration and Nationality Act, the status of any alien who is a
native or citizen of Cuba and who has been inspected and admitted or
paroled into the United States subsequent to January 1st, 1959 and has
been physically present in the United States for at least one year, may
be adjusted by the \[Secretary of Homeland Security or the\] Attorney
General, in his discretion and under such regulations as he may
prescribe, to that of an alien lawfully admitted for permanent residence
if the alien makes an application for such adjustment, and the alien is
eligible to receive an immigrant visa and is admissible to the United
States for permanent residence.

Upon approval of such an application for adjustment of status, the
\[Secretary of Homeland Security\] shall create a record of the alien's
admission for permanent residence as for a date thirty months prior to
the filing of such an application or the date of his last arrival into
the United States, whichever date is later. The provisions of this Act
shall be applicable to the spouse and child of any alien described in
this subsection, regardless of their citizenship and place of birth, who
are residing with such an alien in the United States.

Sec. 2. In the case of any alien described in section 1 of this Act who
prior to the effective date thereof (Nov. 2, 1966) has been lawfully
admitted into the United Sates for permanent residence, the \[Secretary
of Homeland Security\] shall, upon application, record his admission for
permanent residence as of the date the alien originally arrived in the
United States as a nonimmigrant or as a parolee, or a date thirty months
prior to the date of enactment of this Act (Nov 2, 1966), whichever date
is later.

Sec. 3. Section 13 of the Act entitled "An Act to amend the Immigration
and Nationality Act, and for other purposes", approved October 3, 1965
(Public Law 89-236) (amending subsecs. (b) and (c) of this section) is
amended by adding at the end thereof the following new subsection:

"(c) Nothing contained in subsection (b) of this section (amending
subsec. (c) of this section) shall be construed to affect the validity
of any application for adjustment under section 245 (this section) filed
with the Attorney General prior to December 1st, 1965, which would have
been valid on that date; but as to all such applications the statutes or
parts of statutes repealed or amended by this Act (Pub. L. 89-236) are,
unless otherwise specifically provided therein, continued in force and
effect".

Sec. 4. Except as otherwise specifically provided in this Act, the
definitions contained in section 101 (a) and (b) of the Immigration and
Nationality Act (Section 1101 (a), (b) of this title) shall apply in the
administration of this Act. Nothing contained in this Act shall be held
to repeal, amend, alter, modify, affect, or restrict the powers, duties,
functions, or authority of the \[Secretary of Homeland Security or the\]
Attorney General in the administration and enforcement of the
Immigration and Nationality Act (this chapter) or any other law relating
to immigration, nationality or naturalization.

Sec. 5. The approval of an application for adjustment of status to that
of lawful permanent resident of the United States pursuant to the
provisions of section 1 of this Act shall not require the Secretary of
State to reduce the number of visas authorized to be issued in any class
in the case of any alien who is physically present in the United States
on or before the effective date of the Immigration and Nationality Act
Amendments of 1976 (See Effective date of 1976 Amendment Note Above)

Section 204 (b) (1) ( c) of Pub. L. 96-212 provided that the amendment
of section 1 of Pub. L. 89- 732, set out above, by Pub. L. 96- 212 is
effective immediately before Apr. 1, 1980.

**April 19, 1999**

**INS Policy on Cuban Adjustment**

**Memorandum For All Regional Directors\
All District Directors\
All Chief Patrol Agents\
All Officers-In-Charge**

**From: Doris Meissner\
Commissioner**

**Subject: Eligibility for Permanent Residence Under the Cuban
Adjustment Act Despite having Arrived Other than a Designated
Port-of-Entry**

This memorandum sets forth the Immigration and Naturalization Service
(Service) policy concerning the effect of an alien\'s having arrived in
the United States at a place other than a designated port of entry on
the alien\'s eligibility for adjustment of status under the Cuban
Adjustment Act of 1966 (CAA), 8 U.S.C. § 1255, note. This issue arises
because many CAA applicants, in fact, arrive in the United States in an
irregular manner. Section 1 of the CAA, however, requires that they must
be \"admissible.\" CAA § 1, 8 U.S.C. § 1255, note. If the
inadmissibility ground that is based on an alien\'s having arrived at a
place other than a port-of-entry, the Immigration and Nationality Act
(INA) § 212(a)(6)(A)(i), 8 U.S.C. § 1182(a)(6)(A)(i), applies to CAA
applicants, then many aliens who were formerly eligible for adjustment
of status will no longer be eligible.

The policy of the Service is that the inadmissibility ground that is
based on an alien\'s having arrived at a place other than a
port-of-entry *does not* apply to CAA applicants. All Service officers
adjudicating CAA applications will do so in accordance with this policy.
So long as the applicant meets all other CAA eligibility requirements,
it is contrary to this policy to find the alien ineligible for CAA
adjustment on the basis of the alien\'s having arrived in the United
States at a place other than a designated port-of-entry.

The Service will incorporate this policy into Service regulations as
promptly as possible. The policy is, however, effective immediately.
Service officers are not to await the publication of the intended rule
before deciding CAA applications in accordance with this policy.

This policy is based on the rationale of the decision in *Matter of
Mesa*, 12 I&N Dec. 432 (INS 1967). In *Matter of Mesa*, the Service held
that the admissibility requirement of § 1 of the CAA must be construed
generously, in order to give full effect to the purpose of the CAA. The
decision noted that Congress was fully aware that many, and perhaps
most, Cuban nationals were dependent on some forms of public assistance.
Yet the purpose of the CAA would have been defeated, if the public
charge ground of inadmissibility applied to these applicants. The
Service concluded, therefore, that the public charge ground does not
apply to CAA applicants. *Id.*

I have concluded that the same reasoning applies to inadmissibility for
having arrived at a place other than a designated port-of-entry. Aliens
arriving in this manner have been eligible for CAA adjustment for many
years. Congress recently reaffirmed the availability of this adjustment
provision, by enacting that the CAA is to continue in force until there
is a democratic government in Cuba. Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (IIRAIRA), Pub. L. No. 104-208,
Division C. § 606(a), 110 Stat. 3009-546, 3009-695. Section
212(a)(6)(A)(i) of the INA was designed to complement the new legal
doctrine, enacted as part of IIRAIRA, under which aliens who come into
the United States without inspection are inadmissible, rather than
deportable, aliens. *Compare* INA §§ 212(a)(6)(A)(i) and 235(a)(1), 8
U.S.C. §§ 1182(a)(6)(A)(i) and 1225(a)(1) *with* 8 U.S.C. §
1241(a)(1)(B)(1994). Nothing in the legislative history of these changes
suggests that Congress also intended to make aliens who arrive in the
United States away from ports-of-entry ineligible for CAA adjustment.

This policy does not relieve the applicant of the obligation to meet all
other eligibility requirements. In particular, CAA adjustment is
available only to applicants who have been \"inspected and admitted or
paroled into the United States.\" CAA § 1, 8 U.S.C. § 1255, note. The
authority to parole an applicant for admission, of course, is set forth
in § 212(d)(5) of the INA, 8 U.S.C. § 1182(d)(5), with § 236 of the INA,
8 U.S.C. § 1226, providing additional authority concerning the
conditions the Service may place on the alien\'s parole. An alien who is
present without inspection, therefore, would not be eligible for CAA
adjustment unless the alien first surrendered himself or herself into
Service custody and the Service released the alien from custody pending
a final determination of his or her admissibility.

Service officers will not deny parole to an alien whose parole would be
consistent with Service parole regulations and policy, solely in order
to preclude CAA eligibility. Nor does this policy require the parole of
any alien whose parole would not be consistent with Service parole
regulations and policy, merely because paroling the alien would open the
path to CAA adjustment. In the absence of a disqualifying criminal
record or other factors that would bar CAA adjustment, however, the
on-going difficulty in actually removing aliens to Cuba and the
availability of CAA adjustment should ordinarily weigh heavily in favor
of a grant of parole.

The Service may properly consider the avoidance of detention costs with
respect to an alien whose actual removal is unlikely as a factor in
determining, as a matter of discretion, that parole would yield a
\"significant public benefit.\" INA § 212(d)(5)(A), 8 U.S.C.
1182(d)(5)(A). In similar fashion, the Service may properly consider the
availability of CAA adjustment as a factor in determining, as a matter
of discretion, that an \"urgent humanitarian reason\" justifies a grant
of parole. *Id.* If the Service paroles the alien, he or she will be
eligible to apply for employment authorization. 8 C.F.R. §
274a.12(c)(12).

**The Service is also aware that, because of the CAA eligibility
requirements, the parole will be for at least 1-year, so that the alien
will be a \"qualified alien\" for purposes of eligibility for Federal
means-tested public benefits. 8 U.S.C. § 1641(b)(4). The alien will also
be a \"Cuban-Haitian entrant\" for purposes of the Refugee Education
Assistance Act of 1980, as amended. 8 C.F.R. § 212.5(g). Service
officers will not consider these two factors as \"adverse factors\" in
determining whether to grant or deny parole.**

(remainder of memo not relevant to this ORR State Letter)

**Office of Field Operations Customs and Border Protection Memo of
08/08/2006**

August 8, 2006

OFO: ARMC PM

MEMORANDUM FOR: DIRECTORS, FIELD OPERATIONS

DIRECTOR, PRECLEARANCE

FROM: Executive Director

> Admissibility Requirements and Migration Control

Office of Field Operations

SUBJECT: Proper Completion of Form I-94, Arrival/Departure Record, for
Cuban Parolees

The Office of Field Operations is forwarding information for mandatory
discussion during musters. The information provided in the attached
document should be disseminated to all ports of entry for inclusion in
muster discussions held during the week of August 14, 2006. The June 10,
2005 Memorandum, entitled, Treatment of Cuban Asylum Seekers at Land
Border Ports of Entry, directed ports of entry to place Cuban asylum
seekers into 240 proceedings. The purpose of the attached muster is to
provide further guidance regarding the I-94 notations for these cases.

Currently, ports of entry are using various notations. The lack of a
standard Customs and Border Protection notation for Cuban parolees, has
caused confusion for other Federal, state, and local agencies, which
come in contact with Cuban parolees. To standardize Cuban parolee Forms
I-94, CBP Officers are instructed to write the following legend after
the word "Purpose" in the parole stamp on the Form I-94: "Cuban Parolee
(CC); pending 240 hearing." Please ensure that the attached Muster Topic
is discussed at daily musters during the week of August 14, 2006.

If you have any questions regarding this muster topic, please contact
Maureen Dugan, Admissibility Requirements and Migration Control, at
(202) 344-2784.

Paul M. Morris /s/

Attachment

Office of Field Operations Customs and Border Protection Muster Memo of
08/14/2006

Date: August 14, 2006

Topic: Cuban Parolees and Arrival/Departure Record, Form I-94

Reference Materials: Section 212(d)(5) of the INA; Inspector's Field
Manual, Chapters 16 and 17

Office: Office of Field Operations,

> Admissibility Requirements and Migration Control

This muster is to remind all CBP Officers to properly complete the
Arrival/Departure Record, Form I-94, for Cuban parolees who are put into
section 240 hearing proceedings.

The CBP Officer's processing of the Arrival/Departure Record, Form I-94,
and other documents encountered during processing is a critical part of
the CBP's system of records and for outside entities, including other
Federal, state and local agencies, which come into contact with Cuban
parolees.

After stamping the Arrival/Departure Record, Form I-94, with the parole
stamp, the CBP Officer should legibly write the following legend after
the word "Purpose" on the Form I-94: "Cuban Parolee (CC); pending 240
hearing." The "CC" part of the notation is the two-letter designation
for Cuban parolees. This notation is crucial for other entities to
ascertain that the bearer of the document is a Cuban parolee and
entitled to certain benefits, including benefits given by Citizenship
and Immigration Services (CIS) and Health and Human Services (HHS). See
the Inspector's Field Manual (IFM) Chapters 16 and 17 for additional
Cuban processing requirements.

**Extract from ORR State Letter \# 00-17 (note that references to the
INS should be read to refer to USCIS or the appropriate other DHS
component pursuant to the transfer of all INS responsibilities to DHS
effective March 1, 2003)**

> **[Chart #4a]{.underline}**

1.  **Acceptable documents for Cuban and Haitian entrants, in accordance
    with the requirements in 45 CFR §401.2:**

    a.  **Any individual granted parole status as a Cuban/Haitian
        Entrant (Status Pending) or granted any other special status\*
        subsequently established under the immigration laws for
        nationals of Cuba or Haiti, regardless of the status of the
        individual at the time assistance or services are provided**

  ---------------------------------- ------------------------------------
  **Documents/Codes**                **Comments**

  An I-94 Arrival/departure card     I-94 may refer to §212(d)(5).
  with a stamp showing parole at any 
  time as a \"Cuban/Haitian Entrant  
  (Status Pending)\"                 

  CH6 adjustment code on the I-551   Even after a Cuban/Haitian Entrant
                                     (Status Pending) becomes a permanent
                                     resident, he/she technically retains
                                     the status Cuban/Haitian Entrant
                                     (Status Pending).

  An I-94 Arrival/departure card     I-94 may refer to §212(d)(5).
  with a stamp showing parole into   
  the U.S. on or after April 21,     
  1980                               

  A Cuban or Haitian passport with a 
  §212(d)(5) stamp dated after       
  October 10, 1980.                  
  ---------------------------------- ------------------------------------

> **\*Note**: ORR is not interpreting the phrase, \"any other special
> status subsequently established under the immigration laws for
> nationals of Cuba or Haiti\" to refer to lawful permanent residence
> obtained under the Nicaraguan Adjustment and Central American Relief
> Act (NACARA) or the Haitian Refugee Immigration Fairness Act (HRIFA).
> Although NACARA and HRIFA offer a special opportunity for nationals of
> Cuba and Haiti, the ***status*** conferred by these laws, ***lawful
> permanent residence***, is not a \"special status.\" Thus, if the
> person did not qualify as a Cuban and Haitian entrant, adjustment of
> status, regardless of the legal basis for the adjustment, does not
> make the person a Cuban and Haitian entrant.
>
> **[Chart #4b]{.underline}**

a.  **A national of Cuba or Haiti who was paroled into the United States
    and has not acquired any other status under the INA and with respect
    to whom a final, nonappealable, and legally enforceable order of
    removal, deportation or exclusion\* has not been entered**

  ---------------------------------- ------------------------------------
  **Documents/Codes**                **Comments**

  An I-94 Arrival/departure card     I-94 may refer to §212(d)(5),
  showing parole into the United     humanitarian or public interest
  States                             parole.**\*\***

  I-766 Employment Authorization     
  Document with the code A04         

  I-766 Employment Authorization     
  Document with the code C11         

  I-688B Employment Authorization    This is an older version of the
  Document with the provision of law employment authorization document
  274a.12(a)(4)**\*\*\***            but it is still in use.

  I-688B Employment Authorization    This is an older version of the
  Document with the provision of law employment authorization document
  274a.12(c)(11)**\*\*\***           but it is still in use.
  ---------------------------------- ------------------------------------

b.  **\*Note 1:** The question of whether there is a final,
    nonappealable, legally enforceable order of removal, deportation or
    exclusion is essentially a legal determination that cannot simply be
    made by reviewing any of the listed documents. Moreover, it is not a
    decision that can be easily made by eligibility workers in the
    regular course of eligibility determinations. ORR suggests that
    eligibility workers require a written declaration, under penalty of
    perjury, that the individual has a status that makes him/her
    eligible for ORR programs and attempt to use other methods to
    uncover this information, such as calling the EOIR case status line
    at (800) 898-7180, submitting Form G-845 to the local INS office,
    asking the applicant for more information or, if participating,
    accessing the INS SAVE system. Note that these methods may not be
    definitive. If an applicant appears eligible from the available
    information, the agency should provide benefits while conducting
    further investigation. If, after reviewing documents and attempting
    to determine whether there is a final, nonappealable, legally
    enforceable order of removal, deportation or exclusion, an
    eligibility worker remains uncertain about an applicant's
    eligibility, please call (Thomas Pabst) at (202) 401-5398.

c.  **\*\*Note 2**: As treatment of Cuban and Haitian entrants has
    developed, INS officials, on occasion, may have used notations on
    the I-94s of Cuban and Haitian entrants that are not listed above.
    Eligibility workers may see various notations that convey parole.
    For example, eligibility workers, in the past, may have seen the
    notation, \"EWI,\" which technically stands for \"Entered Without
    Inspection\" but was being used for individuals who were paroled.
    Please call (Thomas Pabst) at (202) 401-5398 if you encounter
    unusual notations or if you are uncertain of the relevance of a
    particular notation.

d.  **\*\*\*Note 3**: If an individual provides an I-688B Employment
    Authorization Document, which does not provide information about
    nationality, eligibility workers must request other documentation to
    confirm that the individual is a Cuban or Haitian national.

e.  **[Chart #4c]{.underline}**

f.  **A national of Cuba or Haiti who is the subject of removal,
    deportation or exclusion proceedings\* under the INA and with
    respect to whom a final, nonappealable, and legally enforceable
    order of removal, deportation or exclusion\*\* has not been
    entered**

  ---------------------------------- ------------------------------------
  **Documents/Codes**                **Comments**

  INS Form I-221                     Order to Show Cause and Notice of
                                     Hearing

  INS Form I-862                     Notice to Appear

  INS Form I-220A                    Order of Release on Recognizance

  INS Form I-122                     Notice to Applicant Detained for a
                                     Hearing Before an Immigration Judge

  INS Form I-221S                    Order to Show Cause, Notice of
                                     Hearing and Warrant for Arrest

  Copy of INS Form I-589 date        Application for Asylum and
  stamped by the Executive Office    Withholding of Removal; Individual
  for Immigration Review (EOIR)      is subject of removal, deportation
                                     or exclusion proceedings.

  Copy of INS Form I-485 date        Application to Register Permanent
  stamped by EOIR                    Residence or to Adjust Status;
                                     Individual is subject of removal,
                                     exclusion or deportation
                                     proceedings.

  EOIR-26                            Notice of Appeal, date stamped by
                                     the Office of the Immigration Judge

  I-766 Employment Authorization     Application for suspension of
  Document with the code C10         deportation/cancellation of removal
                                     submitted

  I-688B Employment Authorization    Application for suspension of
  Document with the provision of law deportation/cancellation of removal
  274a.12(c)(10)**\*\*\***           submitted

  Other applications for relief that 
  have been date stamped by EOIR     

  Other documentation pertaining to  Example: a notice of a hearing date
  an applicant's removal, exclusion  before an Immigration Judge
  or deportation proceedings         
  ---------------------------------- ------------------------------------

g.  **\*Note 1**: Although the above documents show that proceedings
    have been initiated in a case, they cannot confirm that proceedings
    are continuing. In order to confirm that proceedings are continuing,
    eligibility workers will need to use other methods, such as calling
    the EOIR case status line at (800) 898-7180, submitting Form G-845
    to the local INS office or, if participating, accessing the INS SAVE
    system**.** If an eligibility worker cannot determine whether
    proceedings are ongoing, please call (Thomas Pabst) at (202)
    401-5398.

h.  **\*\*Note 2:** The question of whether there is a final,
    nonappealable, legally enforceable order of removal, deportation or
    exclusion is essentially a legal determination that cannot simply be
    made by reviewing any of the listed documents. Moreover, it is not a
    decision that can be easily made by eligibility workers in the
    regular course of eligibility determinations. ORR suggests that
    eligibility workers require a written declaration, under penalty of
    perjury, that the individual has a status that makes him/her
    eligible for ORR programs and attempt to use other methods to
    uncover this information, such as calling the EOIR case status line
    at (800) 898-7180, submitting Form G-845 to the local INS office,
    asking the applicant for more information or, if participating,
    accessing the INS SAVE system. Note that these methods may not be
    definitive. If an applicant appears eligible from the available
    information, the agency should provide benefits while conducting
    further investigation. If, after reviewing documents and attempting
    to determine whether there is a final, nonappealable, legally
    enforceable order of removal, deportation or exclusion, an
    eligibility worker remains uncertain about an applicant's
    eligibility, please call (Thomas Pabst) at (202) 401-5398.

i.  **\*\*\*Note 3**: If an individual provides an I-688B Employment
    Authorization Document, which does not provide information about
    nationality, eligibility workers must request other documentation to
    confirm that the individual is a Cuban or Haitian national.

j.  **[Chart #4d]{.underline}**

k.  **A national of Cuba or Haiti who has an application for asylum
    pending with the Immigration and Naturalization Service and with
    respect to whom a final, nonappealable, and legally enforceable
    order of removal, deportation or exclusion\* has not been entered**

  ---------------------------------- ------------------------------------
  **Documents/Codes**                **Comments**

  INS receipt for filing Form I-589  Application for Asylum and
                                     Withholding of Removal

  I-766 Employment Authorization     
  document with the code C08         

  I-688B Employment Authorization    This is an older version of the
  Document with the provision of law employment authorization document
  274a.12(c)(8)**\*\***              but it is still in use.
  ---------------------------------- ------------------------------------

> **\*Note 1:** The question of whether there is a final, nonappealable,
> legally enforceable order of removal, deportation or exclusion is
> essentially a legal determination that cannot simply be made by
> reviewing any of the listed documents. Moreover, it is not a decision
> that can be easily made by eligibility workers in the regular course
> of eligibility determinations. ORR suggests that eligibility workers
> require a written declaration, under penalty of perjury, that the
> individual has a status that makes him/her eligible for ORR programs
> and attempt to use other methods to uncover this information, such as
> calling the EOIR case status line at (800) 898-7180, submitting Form
> G-845 to the local INS office, asking the applicant for more
> information or, if participating, accessing the INS SAVE system. Note
> that these methods may not be definitive. If an applicant appears
> eligible from the available information, the agency should provide
> benefits while conducting further investigation. If, after reviewing
> documents and attempting to determine whether there is a final,
> nonappealable, legally enforceable order of removal, deportation or
> exclusion, an eligibility worker remains uncertain about an
> applicant's eligibility, please call (Thomas Pabst) at (202) 401-5398.
>
> **\*\*Note 2:** If an individual provides an I-688B Employment
> Authorization Document, which does not provide information about
> nationality, eligibility workers must request other documentation to
> confirm that the individual is a Cuban or Haitian national.

## Contact Information Cuba Interests Section in U.S.

2630 and 2639 16th Street, NW, Washington DC 20009

Telephone: (202) 797-8518\
Fax: (202) 986-7283\
E-mail: <cubaseccion@igc.apc.org>\
URL: <http://embacu.cubaminrex.cu/Default.aspx?tabid=1025>

For additional information see ORR State Letter #00-17 and ORR State
Letter #01-22.

If you have questions about this ORR State Letter, please call Thomas S.
Pabst at (202) 401-5398.

[^1]: On August 11, 2006 DHS announced a program that allows certain
    Cuban medical professionals located outside Cuba to apply for parole
    or asylum into the U.S. To qualify for parole under this program,
    applicants must have evidence of their Cuban nationality or
    citizenship, must be working as a medical professional in a third
    country under the direction of the Cuban government, and must be
    otherwise admissible to the U.S. The applicant must be identified by
    DHS as a medical professional, which is a doctor, physical
    therapist, lab technician, nurse, sports trainer or other in the
    medical field. Spouses and minor children of Cuban medical
    professionals may also qualify for a parole, whether they are
    physically present in a third county or if they stayed behind in
    Cuba. Spouses and children under 21 qualify regardless of
    citizenship, and are paroled into the U.S. as parolees of their
    country of nationality based on documentation presented at time of
    application and entry to the U.S.