[Federal Register Volume 62, Number 221 (Monday, November 17, 1997)]
[Notices]
[Pages 61344-61416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29851]


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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.

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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:
    <bullet> 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;
    <bullet> A person born outside of the United States to at least one 
U.S. citizen parent (sometimes referred to as a ``derivative 
citizen''); or
    <bullet> 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:
    <bullet> An alien lawfully admitted for permanent residence under 
the Immigration and Nationality Act (``INA'');
    <bullet> An alien granted asylum under section 208 of the INA;
    <bullet> A refugee admitted to the U.S. under section 207 of the 
INA;
    <bullet> An alien paroled into the U.S. under section 212(d)(5) of 
the INA for at least one year;
    <bullet> 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;
    <bullet> An alien granted conditional entry pursuant to section 
203(a)(7) of the INA as in effect prior to April 1, 1980;
    <bullet> An alien who is a Cuban or Haitian entrant as defined in 
section 501(e) of the Refugee Education Assistance Act of 1980; or
    <bullet> 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

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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:
    <bullet> 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
    <bullet> 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:
    <bullet> 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;
    <bullet> 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;
    <bullet> Any veterans benefits to which an alien is entitled, 
provided that the alien is not residing or present in the United 
States;
    <bullet> Any contract, professional license, or commercial license 
for a nonimmigrant whose visa for entry is related to such employment 
in the U.S.;
    <bullet> 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;
    <bullet> 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;
    <bullet> 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);
    <bullet> Short-term, non-cash, in-kind emergency disaster relief;
    <bullet> 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;
    <bullet> 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;
    <bullet> 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.;
    <bullet> 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);
    <bullet> Any benefit the nonpayment of which would be contrary to 
section 202(t) of the Social Security Act;
    <bullet> 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;
    <bullet> 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
    <bullet> 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.
    <bullet> 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.;
    <bullet> Section 4 of the Agriculture and Consumer Protection Act 
of 1973, 7 U.S.C. 612c note;
    <bullet> The Emergency Food Assistance Act of 1983, 7 U.S.C. 7501 
et seq.; and
    <bullet> 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

    <bullet> 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.

    <bullet> United States passport (except limited passports, which 
are issued for periods of less than five years);
    <bullet> Report of birth abroad of a U.S. citizen (FS-240) (issued 
by the Department of State to U.S. citizens);
    <bullet> 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;
    <bullet> 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);
    <bullet> 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);
    <bullet> 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);
    <bullet> 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);
    <bullet> 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
    <bullet> 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:
    <bullet> 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;
    <bullet> Evidence of civil service employment by the U.S. 
government before June 1, 1976;
    <bullet> 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);
    <bullet> Census record showing name, U.S. citizenship or a U.S. 
place of birth, and date of birth or age of applicant;
    <bullet> 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
    <bullet> 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:
    <bullet> 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
    <bullet> 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:
    <bullet> 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;
    <bullet> 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
    <bullet> 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)):
    <bullet> 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);
    <bullet> 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
    <bullet> 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:
    <bullet> 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:
    <bullet> 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:
    <bullet> 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:
    <bullet> 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
    <bullet> 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:
    <bullet> If the applicant is in the U.S., refer him or her to the 
local INS office for determination of U.S. citizenship;
    <bullet> 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

    <bullet> 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;
    <bullet> 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

    <bullet> *INS Form I-551 (Alien Registration Receipt Card, commonly 
known as a ``green card''); or
    <bullet> Unexpired Temporary I-551 stamp in foreign passport or on 
*INS Form I-94.

Asylee

    <bullet> *INS Form I-94 annotated with stamp showing grant of 
asylum under section 208 of the INA;

[[Page 61365]]

    <bullet> *INS Form I-688B (Employment Authorization Card) annotated 
``274a.12(a)(5)'';
    <bullet> *INS Form I-766 (Employment Authorization Document) 
annotated ``A5'';
    <bullet> Grant letter from the Asylum Office of INS;or
    <bullet> Order of an immigration judge granting asylum.

Refugee

    <bullet> *INS Form I-94 annotated with stamp showing admission 
under Sec. 207 of the INA;
    <bullet> *INS Form I-688B (Employment Authorization Card) annotated 
``274a.12(a)(3)'';
    <bullet> *INS Form I-766 (Employment Authorization Document) 
annotated ``A3''; or
    <bullet> INS Form I-571 (Refugee Travel Document).

Alien Paroled Into the U.S. for a Least One Year

    <bullet> *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

    <bullet> *INS Form I-688B (Employment Authorization Card) annotated 
``274a.12(a)(10)'';
    <bullet> *INS Form I-766 (Employment Authorization Document) 
annotated ``A10''; or
    <bullet> 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

    <bullet> *INS Form I-94 with stamp showing admission under 
Sec. 203(a)(7) of the INA;
    <bullet> *INS Form I-688B (Employment Authorization Card) annotated 
``274a.12(a)(3)''; or
    <bullet> *INS Form I-766 (Employment Authorization Document) 
annotated ``A3.''

Cuban/Haitian Entrant

    <bullet> *INS Form I-551 (Alien Registration Receipt Card, commonly 
known as a ``green card'') with the code CU6, CU7, or CH6;
    <bullet> Unexpired temporary I-551 stamp in foreign passport or on 
*INS Form I-94 with the code CU6 or CU7; or
    <bullet> 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.
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    \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.
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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;
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    \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.)
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    (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\
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    \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).
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    (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
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    \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):
    <bullet> 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).
    <bullet> 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):
    <bullet> an ``Order to Show Cause'';
    <bullet> a ``Notice to Appear''; or
    <bullet> 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:
    <bullet> 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;
    <bullet> 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;
    <bullet> 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:
    <bullet> 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;
    <bullet> 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);
    <bullet> 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;
    <bullet> 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
    <bullet> 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\
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    \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).
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    (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.

    <bullet> 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;
    <bullet> 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;
    <bullet> 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;
    <bullet> 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;
    <bullet> 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;
    <bullet> 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);
    <bullet> Where the benefits are needed to alleviate nutritional 
risk or need resulting from the abuse or following separation from 
the abuser;
    <bullet> 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
    <bullet> 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.

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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.

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                           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.                                                                                                    
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    <bullet> 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.
    <bullet> 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.
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    <bullet> 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.
    <bullet> 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.
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BILLING CODE 4410-10-M

[[Page 61392]]

    <bullet> 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.
    <bullet> 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

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BILLING CODE 4410-10-M

[[Page 61394]]

    <bullet> 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.
    <bullet> 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.
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                             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                       
------------------------------------------------------------------------


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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:
    <bullet> 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);
    <bullet> 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);
    <bullet> Qualified aliens lawfully residing in the United States 
who were receiving SSI on August 22, 1996;
    <bullet> Qualified aliens who were lawfully residing in the United 
States on August 22, 1996, and who are blind or disabled;
    <bullet> American Indians born in Canada and to whom the provisions 
of section 289 of the INA apply;
    <bullet> Members of an Indian tribe (as defined in section 4(e) of 
the Indian Self-Determination and Education Assistance Act); or
    <bullet> 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:
    <bullet> Asylees, for a period of seven years after obtaining such 
status;
    <bullet> Aliens whose deportation or removal has been withheld, for 
a period of seven years after obtaining such status;
    <bullet> Refugees, for a period of seven years after the date they 
entered the U.S. as refugees;
    <bullet> 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
    <bullet> 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:
    <bullet> 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);
    <bullet> 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);
    <bullet> American Indians born in Canada and to whom the provisions 
of section 289 of the INA apply; and
    <bullet> 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:
    <bullet> Asylees, for a period of seven years after obtaining such 
status;
    <bullet> Aliens whose deportation or removal has been withheld, for 
a period of seven years after obtaining such status;
    <bullet> Refugees, for a period of seven years after the date they 
entered the U.S. as refugees;
    <bullet> 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
    <bullet> 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:
    <bullet> 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
    <bullet> 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:
    <bullet> Asylees, for a period of five years after obtaining such 
status;
    <bullet> Aliens whose deportation of removal has been withheld, for 
a period of five years after obtaining such status;
    <bullet> Refugees, for a period of five years after the date they 
entered the U.S. as refugees;
    <bullet> 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
    <bullet> 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:
    <bullet> *INS Form I-551 (Alien Registration Receipt Card, commonly 
known as a ``green card''); or
    <bullet> 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:
    <bullet> 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
    <bullet> 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
    <bullet> Refer to Attachment 5 to the Interim Guidance for 
documentation of qualified alien status; and
    <bullet> 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.
    <bullet> Contact SSA for guidance on appropriate documentation.
Qualified Alien Lawfully Residing the U.S. on August 22, 1996 Who Is 
Blind or Disabled
    <bullet> 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:
    <bullet> Contact SSA for guidance on appropriate documentation.
American Indians Born in Canada and Covered By Section 289 of the INA
    <bullet> *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
    <bullet> 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
    <bullet> 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).
    <bullet> 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
    <bullet> *INS Form I-94 annotated with stamp showing grant of 
asylum under Sec. 208 of the INA;
    <bullet> *INS Form I-688B (Employment Authorization Card) annotated 
``274a12(a)(5)'';
    <bullet> INS Form I-766 (Employment Authorization Document) 
annotated ``A5'';

[[Page 61412]]

    <bullet> Grant letter from the Asylum Office of INS; or
    <bullet> 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
    <bullet> *INS Form I-94 annotated with stamp showing admission 
under section 207 of the INA;
    <bullet> INS Form I-688B (Employment Authorization Card) annotated 
``274a12(a)(3)'';
    <bullet> *INS Form I-766 (Employment Authorization Document) 
annotated ``A3''; or
    <bullet> 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
    <bullet> *INS Form I-688B (Employment Authorization Card) annotated 
``274a12(a)(10)'';
    <bullet> INS Form I-766 (Employment Authorization Document) 
annotated ``A10''; or
    <bullet> 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
    <bullet> *INS Form I-551 (Alien Registration Receipt Card, commonly 
known as a ``green card'') with the code CU6, CU7, and CH6;
    <bullet> Unexpired temporary I-551 stamp in foreign passport or on 
*INS Form I-94 with the code CU6 or CU7; or
    <bullet> 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
    <bullet> *INS Form I-551 (Alien Registration Receipt Card, commonly 
known as a ``green card'') with the code AM6, AM7, or AM8; or
    <bullet> 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:
    <bullet> 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);
    <bullet> Four credits were earned for each taxable year in which 
an individual's net earnings from self-employment were $400 or more; 
and/or
    <bullet> 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

    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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

    <bullet> 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.
    <bullet> 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.
    <bullet> 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)

    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.

    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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.
    <bullet> 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:
    <bullet> 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);
    <bullet> Short-term, non-cash, in-kind emergency disaster relief;
    <bullet> Assistance or benefits under the National School Lunch 
Act;
    <bullet> Assistance or benefits under the Child Nutrition Act of 
1966;
    <bullet> 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;
    <bullet> 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;
    <bullet> 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;
    <bullet> 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;
    <bullet> Means-tested programs under the Elementary and Secondary 
Education Act of 1965;
    <bullet> Benefits under the Head Start Act; and
    <bullet> Benefits under the Job Training Partnership Act.

[FR Doc. 97-29851 Filed 11-14-97; 8:45 am]
BILLING CODE 4410-10-M