61344 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

When completed, the interim operations

plan will supersede the annual

operations plans/advisories and will

guide Project operations until

completion of the adjudication. At that

time, the interim plan will be revised as

necessary and additional NEPA

documentation may be required.

Dated: November 5, 1997.

John F. Davis,

Acting Regional Director.

[FR Doc. 97–30096 Filed 11–14–97; 8:45 am]

BILLING CODE 4310–94–P

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation

Westland Irrigation District Boundary

Adjustment, Hermiston, OR

AGENCY: Bureau of Reclamation,

Interior.

ACTION: Notice of intent to prepare an

environmental impact statement.

SUMMARY: Pursuant to the National

Environmental Policy Act (NEPA) of

1969, as amended, the Bureau of

Reclamation (Reclamation) intends to

prepare an environmental impact

statement (EIS) for a proposed boundary

adjustment to include additional lands

into the Westland Irrigation District.

Westland Irrigation District (WID)

proposes the addition of 21,100 acres, of

which 9,912 acres are currently

irrigated, into their boundaries.

The NEPA process was initiated in

late 1993 and, as a result of comments

received then, has been on hold until

additional information was obtained.

This notice is to inform the public of the

resumption of the NEPA process and the

preparation of an EIS.

FOR FURTHER INFORMATION CONTACT: Mr.

John Tiedeman, UCA–1607, Upper

Columbia Area Office, Bureau of

Reclamation, PO Box 1749, Yakima WA

98907–1749; Telephone (509) 575–5848

extension 238.

SUPPLEMENTARY INFORMATION: WID is

one of several districts in the Umatilla

basin either served by federally owned

facilities or receiving federally

controlled water. A Federal repayment

contract with WID requires that changes

to district boundaries must be approved

by the Secretary of the Interior. During

studies undertaken to implement the

Umatilla Basin Project Act, it became

apparent that WID was providing

federally supplied water to lands

outside of the district boundaries. In

1993, to address this problem, WID

requested that Reclamation allow a

change in their boundaries so that they

may provide irrigation water to lands

outside the current boundaries. In the

interim Reclamation entered into a

series of annual water service contracts

with WID so irrigation of lands outside

of the district boundaries with federally

supplied water could continue while

issues surrounding the boundary

expansion were resolved.

Reclamation and the Natural

Resources Department of the

Confederated Tribes of the Umatilla

Indian Reservation (CTUIR) held public

meetings on November 4 and December

17, 1993, to gather comments from the

public concerning the ‘‘Proposed

Boundary Changes for Irrigation

Districts in the Umatilla Project,

Oregon.’’ Key issues identified in the

scoping effort included Umatilla River

hydrology and passage conditions for

anadromous fish, Native American trust

resources, and continued viability of

irrigated agriculture. Based on the

complex and often controversial nature

of the issues involved, the high level of

public and agency interest, and

Reclamation’s Native American trust

responsibilities, Reclamation concluded

that an EIS should be prepared. Since

then, a hydrologic model of the Umatilla

basin, necessary to complete the

assessment of the proposed boundary

adjustment, has been developed.

Completion of the hydrologic model is

anticipated for February 1998.

Four alternatives are proposed,

including the no action alternative.

Under the no action alternative all

deliveries of federally supplied water by

WID to lands outside of the current

district boundaries would cease. Under

the action alternatives some, or all, of

these deliveries could continue. The

draft EIS is expected to be completed in

March of 1999.

At this time, no additional scoping

meetings are planned. A summary of

scoping issues identified through

previous meetings is available upon

request. Anyone interested in more

information concerning the proposed

action or who has information

concerning significant environmental

issues, should contact Mr. Tiedeman as

provided under the FOR FURTHER

INFORMATION CONTACT section.

Dated: October 17, 1997.

John W. Keys, III,

Regional Director, Pacific Northwest Region.

[FR Doc. 97–30062 Filed 11–14–97; 8:45 am]

BILLING CODE 4310–94–M

DEPARTMENT OF JUSTICE

[AG Order No. 2129–97]

Interim Guidance on Verficiation of

Citizenship, Qualified Alien Status and

Eligibility Under Title IV of the Personal

Responsibility and Work Opportunity

Reconciliation Act of 1996

AGENCY: Department of Justice.

ACTION: Notice of interim guidance with

request for comments.

SUMMARY: Title IV of the Personal

Responsibility and Work Opportunity

Reconciliation Act of 1996

(‘‘PRWORA’’) requires the Attorney

General, by February 1998, to

promulgate regulations requiring

verification that an applicant for federal

public benefits is a qualified alien

eligible to receive federal public benefits

under the Act. Amendments to the

PRWORA by the Illegal Immigration

Reform and Immigrant Responsibility

Act of 1996 also require the Attorney

General, within the same time period, to

establish fair and nondiscriminatory

procedures for applicants to provide

proof of citizenship. Amendments to the

PRWORA by the Balanced Budget Act of

1997 require the Attorney General, by

November 3, 1997, to issue interim

verification guidance that sets forth

procedures that benefit providers can

use to verify citizenship, qualified alien

status, and eligibility under Title IV of

the PRWORA prior to issuance of the

final regulations. In accordance with

this last statutory requirement, the

Attorney General, in consultation with

federal benefit-granting agencies, has

developed this interim guidance.

DATES: This Interim Guidance is

effective October 29, 1997.

ADDRESSES: Comments should be

submitted to: John E. Nahan,

Immigration and Naturalization Service,

425 I St., N.W., ULLICO Building, 4th

Floor, Washington, D.C. 20536, (202)

514–2317.

FOR FURTHER INFORMATION CONTACT:

John E. Nahan, Immigration and

Naturalization Service, 425 I St., N.W.,

ULLICO Building, 4th Floor,

Washington, D.C. 20536, (202) 514–

2317.

SUPPLEMENTARY INFORMATION: By the

authority vested in me as Attorney

General by law, including section 432(a)

of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996

(as amended), I hereby issue the

following Interim Guidance on

Verification of Citizenship, Qualified

Alien Status and Eligibility Under Title

IV of the Personal Responsibility and
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 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 noncitizen 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. noncitizen 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, noncitizen 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
61346 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

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 nonexempt 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. noncitizen 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. noncitizen nationals or qualified aliens does

not apply to all federally funded activity

or programs; it applies only to nonexempted ‘‘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
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61347

benefit eligibility before initiating the

verification process, unless determining

program eligibility would be

considerably more complex and timeconsuming 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 nondiscriminatory 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 nonexempted ‘‘federal public benefit,’’ and

thus is available only to U.S. citizens,

U.S. non-citizen nationals and qualified

aliens, you should verify an applicant’s

status as set forth below. If you are a

private provider of a ‘‘federal public

benefit’’ and your program requires

verification by a federal, state or local

governmental agency, but not by a

private provider, you should not engage

in any independent verification and

should continue to comply with the

verification determinations made by the

appropriate governmental entity. If you

are on the SAVE system, you should

continue following the SAVE

procedures and should use this

Guidance only for matters not addressed

under the SAVE program.

A. U.S. Citizen or Non-Citizen National

1. Ask for Declaration of Status. If you

are required to verify an applicant’s

status as a U.S. citizen, U.S. non-citizen

national or qualified alien, you should

begin by asking the applicant to submit

a written declaration, under penalty of

perjury, that he or she is a citizen or

non-citizen national of the U.S. (or that

he or she is a qualified alien—see

Paragraph B.1. below).

Subject to certain exceptions and

qualifications (particularly with respect

to derivative citizenship), a United

States citizen is:

• A person (other than the child of a

foreign diplomat) born in one of the

several States or in the District of

Columbia, Puerto Rico, Guam, the U.S.

Virgin Islands, or the Northern Mariana

Islands who has not renounced or

otherwise lost his or her citizenship;

• A person born outside of the United

States to at least one U.S. citizen parent

(sometimes referred to as a ‘‘derivative

citizen’’); or

• A naturalized U.S. citizen.

As a general matter, a United States

non-citizen national is a person born in

an outlying possession of the United

States (American Samoa or Swain’s

Island) on or after the date the U.S.

acquired the possession, or a person

whose parents are U.S. non-citizen

nationals (subject to certain residency

requirements).

The law regarding U.S. citizenship

and nationality is complex. These broad

definitions are provided for general

guidance only, and do not address all of

the complexities involved in attaining

or losing status as a U.S. citizen or noncitizen 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:
61348 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

(a) Ask the applicant to present a

document demonstrating that he or she

is a U.S. citizen or non-citizen national.

Documents that can be used to make

this demonstration are described in

Attachment 4. (A benefit provider may

also consult records of verified

citizenship, if any, maintained by the

agency overseeing its program.)

(i) If the document reasonably appears

on its face to be genuine and to relate

to the individual presenting it (or, if

your program already has existing

guidance or procedures mandating a

higher standard of proof for acceptance

of documentary evidence of status, the

document satisfied that higher

standard), the provider should accept

the document as conclusive evidence

that the applicant is a U.S. citizen or

non-citizen national, and should not

verify status any further.

(ii) If the document presented does

not on its face reasonably appear to be

genuine (or to satisfy a higher applicable

standard) or to relate to the individual

presenting it, the benefit provider

should contact the governmental entity

that originally issued the document

presented or that can confirm the

applicant’s status as a U.S. citizen or

non-citizen national. (With regard to

naturalized citizens and derivative

citizens presenting certificates of

citizenship, the INS is the appropriate

governmental entity to contact for

verification of such status. If the

applicant presents a document relating

to such status and that document does

not on its face reasonably appear to be

genuine or to relate to the applicant (or

to satisfy a higher applicable standard),

the provider may request verification of

status by filing INS Form G–845 along

with copies of the pertinent documents

provided by the applicant with the local

INS office. If an applicant has lost his

or her original documents or never had

an original document demonstrating

naturalized or derivative citizenship,

refer the applicant to the local INS office

to obtain documentation of status.)

(b) Accept a written declaration, made

under penalty of perjury and possibly

subject to later verification of status,

from one or more third parties

indicating a reasonable basis for

personal knowledge that the applicant is

a U.S. citizen or non-citizen national.

(c) Accept the applicant’s written

declaration, made under penalty of

perjury and possibly subject to later

verification of status, that he or she is

a U.S. citizen or non-citizen national.

The options described in

subparagraphs (b) and (c) above present

a greater potential for undetected false

claims of being a United States citizen

or non-citizen national, and therefore

should be used with caution in

appropriate circumstances. For

example, before using these options, a

provider might require the applicant to

demonstrate why a document

evidencing that he or she is a U.S.

citizen or non-citizen national does not

exist or cannot be readily obtained.

Such a requirement must be imposed

equally on all applicants, and cannot be

applied in a discriminatory manner.

3. Action Pending Verification. In an

applicant has satisfied the above

requirements regarding submission of a

sworn declaration and presentation of

any other required evidence of status,

you should refer to the legal

requirements of your program and to

any applicable guidance provided by

the federal agency or department

overseeing your program to determine if

you should grant or withheld benefits

during the period of time in which you

are verifying the applicant’s status. If

your program has no such requirements

or guidance and the applicant has

submitted a written declaration, under

penalty of perjury, that he or she is a

U.S. citizen or non-citizen national, you

should not delay, deny, reduce or

terminate the applicant’s eligibility for

benefits under the program on the basis

of an applicant’s citizenship or

nationality during the period of time it

takes to verify his or her status.

4. Take Action Based on Results of

Verification. If you verify that the

applicant is a U.S. citizen or non-citizen

nation, you are subject to no further

verification requirements under Title IV

of the Act and should grant the benefits

requested if the applicant is otherwise

eligible for them under the specific

program’s requirements. If you cannot

verify that the applicant is a U.S. citizen

or non-citizen national after exhausting

the above-described methods (and the

applicant is not a qualified alien—see

below), you should deny the benefits

requested, and notify the applicant

pursuant to your regular procedures of

his or her rights under the applicable

program to appeal the denial of benefits.

If the INS was involved in the provider’s

attempt to verify naturalized or

derivative citizenship, the INS will,

upon request of the agency or

department handling the appeal,

conduct a thorough review of its initial

verification response and will provide

the agency or department with

information in its possession necessary

to resolve the appeal.

B. Qualified Alien

1. Ask for Declaration of Status. If an

applicant is not a U.S. citizen or U.S.

non-citizen national, you may grant the

applicant non-exempt federal public

benefits only if the applicant submits a

written declaration, under penalty of

perjury, that he or she has an

immigration status that makes him or

her a ‘‘qualified alien’’ and you verify

that status as set forth below.

A ‘‘qualified alien’’ is:

• An alien lawfully admitted for

permanent residence under the

Immigration and Nationality Act

(‘‘INA’’);

• An alien granted asylum under

section 208 of the INA;

• A refugee admitted to the U.S.

under section 207 of the INA;

• An alien paroled into the U.S.

under section 212(d)(5) of the INA for at

least one year;

• An alien whose deportation is being

withheld under section 243(h) of the

INA as in effect prior to April 1, 1997,

or whose removal is being withheld

under section 241(b)(3) of the INA;

• An alien granted conditional entry

pursuant to section 203(a)(7) of the INA

as in effect prior to April 1, 1980;

• An alien who is a Cuban or Haitian

entrant as defined in section 501(e) of

the Refugee Education Assistance Act of

1980; or

• An alien who (or whose child or

parent) has been battered or subjected to

extreme cruelty in the U.S. and

otherwise satisfies the requirements of

§ 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
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 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,
61350 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

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, Orange, Riverside, San Bernardino, San Luis Obispo,

Santa Barbara, and Ventura.

Los Angeles, CA ...................... 300 North Los Angeles Street, Los Angeles, CA 90012.

Imperial and San Diego ............................. San Diego, CA ......................... 880 Front Street, Suite 1234, San Diego,

CA 92101–8834.

Alameda, Alpine, Amador, Butte,

Calaveras, Colusa, Contra Costa, Del

Norte, 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.

San Francisco, CA ................... 630 Sansome Street, Room 300, San

Francisco, CA 94111–2280.

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.
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61351

LOCAL INS OFFICE ADDRESSES—Continued

State or territory County File control office Address

Florida ....................... .................................................................... Miami, FL .................................. 7880 Biscayne Blvd. Miami, FL 33138–

4797.

Georgia ..................... .................................................................... Atlanta, GA ............................... 77 Forsyth Street, S.W., Atlanta, GA

30303–3427.

Guam ........................ .................................................................... Agana, GU ................................ Pacific News Bldg., Room 801, 238 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, Bolivar, Calhoun,

Carroll, 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.

Memphis, TN ............................ 1341 Sycamore View, Suite 100, Memphis, TN 38134.

Adams, Amite, Claiborne, Clarke, Copiah,

Covington, Forrest, Franklin, George,

Greene, Hancock, Harrison, 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.

New Orleans, LA ...................... Postal Services Building, 701 Loyola Avenue, Room T–8011, New Orleans, LA

70113–1912.

Missouri .................... Andrew, Atchison, Barry, Barton, Bates,

Benton, 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.

Kansas City, MO ...................... 9747 North Conant Avenue, Kansas City,

MO 64153.
61352 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

LOCAL INS OFFICE ADDRESSES—Continued

State or territory County File control office Address

Adair, Audrain, Bollinger, Butler, Cape

Girardeau, Carter, Chariton, Clark,

Crawford, Dent, Dunklin, 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.

St. Louis, MO ........................... Robert A. Young Federal Bldg., 1222

Spruce Street, Room 1100, St. Louis,

MO 63103–2815.

Montana .................... .................................................................... Helena, MT ............................... 2800 Skyway Drive, Helena, MT 59601.

Nebraska .................. .................................................................... Omaha, NE ............................... 3736 132nd Street, Omaha, NE 68144.

Nevada ..................... Clark, Esmeralda, Lincoln, and Nye .......... Las Vegas, NV ......................... 3373 Pepper Lane, Las Vegas, NV

89120.

Churchill, Douglas, Elko, Eureka, Humboldt, Lander, Lyon, Mineral, Pershing,

Storey, Washoe, and White Pine.

Reno, NV .................................. 1351 Corporate Boulevard, Reno, NV

89502.

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, Columbia,

Delaware, Fulton, Greene, Hamilton,

Herkimer, Madison, Montgomery,

Onoeida, Otsego, Rensselaer, Saratoga, Schenectady, Schoharie, Tioga,

Warren, and Washington.

Albany, NY ............................... James T. Foley Federal Courthouse, 445

Broadway, Room 227, Albany, NY

12207–2999.

Allegany, Cattaraugus, Cayuga, Chautauqua, 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.

Buffalo, NY ............................... 130 Delaware Avenue, Buffalo, NY

14202–2404.

Bronx, Dutchess, Kings, Nassau, New

York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, and Westchester.

New York, NY ........................... 26 Federal Plaza, New York, NY 10278–

0127.

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, Butler, Champaign, Clark, Clermont, Clinton, Darke,

Delaware, Fairfield, 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.

Cincinnati, OH .......................... J.W. Peck Federal Building, 550 Main

Street, Room 8525, Cincinnati, OH

45202.

Allen, Ashland, Ashtabula, Auglaize, Belmont, Carroll, Columbiana, Coshocton,

Crawford, 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.

Cleveland, OH .......................... Anthony J. Celebreeze Federal Bldg.,

1240 E. 9th Street, Room 1917, Cleveland, OH 44199.
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61353

LOCAL INS OFFICE ADDRESSES—Continued

State or territory County File control office Address

Oklahoma ................. .................................................................... Dallas, TX ................................. 8101 North Stemmons Freeway, Dallas,

TX 75247.

Oregon ...................... .................................................................... Portland, OR ............................. 511 N.W. Broadway, Portland, OR 97209.

Pennsylvania ............ Adams, Berks, Bradford, Bucks, Cameron, Carbon, Centre, Chester, Clinton,

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.

Philadelphia, PA ....................... 1600 Callowhill Street, Philadelphia, PA

19130–4112.

Allegheny, Armstrong, Beaver, Bedford,

Blair, Butler, Cambria, Clarion,

Clearfield, Crawford, Elk, Erie, Fayette,

Forest, Greene, Indiana, Jefferson,

Lawrence, McKean, Mercer, Somerset,

Venango, Warren, Washington, and

Westmoreland.

Pittsburgh, PA .......................... Federal Building, Room 314, 1000 Liberty

Avenue, Pittsburgh, PA 15222–4181.

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, Armstrong,

Bailey, Baylor, Borden, Bosque, Bowie,

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.

Dallas, TX ................................. 8101 North Stemmons Freeway, Dallas,

TX 75247.

Brewster, Crane, Culberson, Ector, El

Paso, Hudspeth, Jeff Davis, Loving,

Midland, Pecos, Presidio, Reeves,

Terrell, Upton, Ward, and Winkler.

El Paso, TX .............................. 1545 Hawkins Suite 167, El Paso, TX

79925.

Brooks, Cameron, Hidalgo, Kenedy,

Kleberg, Starr, and Willacy.

Harlingen, TX ........................... 2102 Teege Road, Harlingen, TX 78550.
61354 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

LOCAL INS OFFICE ADDRESSES—Continued

State or territory County File control office Address

Angelina, Austin, Brazoria, Chambers,

Colorado, Fort 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.

Houston, TX ............................. 509 N. Sam Houston Parkway East,

Houston, TX 77060.

Aransas, Aascosa, Bandera, Bastrop,

Bee, Bell, Bexar, Blanco, Brozos,

Brown, 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.

San Antonia, TX ....................... 8940 Four Winds Drive, Suite 2020, San

Antonia, TX 78239.

Utah .......................... .................................................................... Salt Lake City, UT .................... 5272 South College Drive, Suite 100, Salt

Lake, UT 84123.

Vermont .................... .................................................................... St. Albans, VT .......................... Federal Building, P.O. Box 328, 50 South

Maine Street, St. Albans, VT 05478–

0238.

Virginia ...................... Accomack, Amelia, Brunswick, Caroline,

Charles City, 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.

Norfolk, VA ............................... Norfolk Commerce Park, 5280

Hennenman Drive, Norfolk, VA 23513.

Albemarle, Alleghany, Amherst, Appomattox, 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.

Arlington, VA ............................ 4420 North Fairfax Drive, Arlington, VA

22203.

Virgin Islands ............ .................................................................... St. Thomas, VI ......................... P.C. Box 610, Federal Building, Suite

117, Veterans Drive, Charlotte Amalie,

St. Thomas, U.S. Virgin Islands, 00801.

Washington ............... .................................................................... Seattle, WA .............................. 815 Airport Way South, Seattle, WA

98134.

West Virginia ............ .................................................................... Pittsburgh, PA .......................... Federal Building, Room 314, 1000 Liberty

Avenue, Pittsburgh, PA 15222–4181.
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61355

LOCAL INS OFFICE ADDRESSES—Continued

State or territory County File control office Address

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
61356 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61357
61358 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61359

BILLING CODE 4410–10–C
61360 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

Attachment 2—Nondiscrimination

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 nondiscriminatory 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 Englishspeaking 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
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61361

discrimination based on other

characteristics. They include the

following:

• The Age Discrimination Act of

1975, 42 U.S.C. 6101 et seq.

The Age Discrimination Act prohibits

discrimination on the basis of age in

programs or activities receiving federal

financial assistance. There are specific

exceptions to the general prohibition

against age discrimination, however,

and you should consult the statute, 42

U.S.C. 6101 et seq., as well as the

regulations published by the

Department of Health and Human

Services, 45 CFR part 90, for further

information

• The Fair Housing Act, 42 U.S.C.

3601 et seq.

The Fair Housing Act prohibits

discrimination in the provision of

housing based on race, color, religion,

sex, familial status, national origin or

handicap.

D. Contact Numbers

Benefit providers with questions may

call the following numbers for

information on the various federal civil

rights laws:

Title VI—U.S. Department of Justice,

Civil Rights Division, Coordination and

Review Section, 1–888–TITLE–06 (1–

888–848–5306).

ADA—U.S. Department of Justice,

Civil Rights Division, Disability Rights

Section, 1–800–514–0301 (voice) or 1–

800–514–0383 (TDD).

Age Discrimination Act—U.S.

Department of Health and Human

Services, 1–800–368–1019.

Fair Housing Act—U.S. Department of

Housing and Urban Development, 1–

800–669–9777 (voice) or 1–800–927–

9275 (TDD).

Questions regarding discrimination in

immigration status verification

procedures or other benefit-granting

procedures can be referred to the civil

rights office of the pertinent benefitgranting 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 nonexempted ‘‘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’’
61362 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

payment to a poor ‘‘individual,

household or family eligibility unit’’—

then the prohibition would apply and

non-qualified aliens would be ineligible

for such benefits.

Exceptions: The Act’s verification

requirements do not apply to all

‘‘federal public benefits,’’ as the Act

specifically exempts certain types of

benefits. If a program provides ‘‘federal

public benefits’’ that fall within one of

the following exceptions, the program

provider is not required by this Act to,

and should not attempt to, verify an

applicant’s immigration status, unless

otherwise required or authorized to do

so by federal law, except to the extent

necessary to determine whether the

exemption applies:

• Benefits covered by Attorney

General Order No. 2049, 61 FR 45985

(1996), or any subsequent order, re:

government-funded community

programs, services or assistance that are

necessary for protection of life or safety;

• Any wages, pensions, annuities, or

other earned payments to which an

alien is entitled as a result of federal,

state, or local government employment,

provided that the alien is not residing or

present in the United States and

provided that the employment was not

prohibited under the immigration laws;

• Any veterans benefits to which an

alien is entitled, provided that the alien

is not residing or present in the United

States;

• Any contract, professional license,

or commercial license for a

nonimmigrant whose visa for entry is

related to such employment in the U.S.;

• Any contract, professional license,

or commercial license for a citizen of a

freely associated state (Palau, the

Federated States of Micronesia, and the

Marshall Islands), if section 141 of the

applicable compact of free association is

in effect;

• Any benefits that the U.S. is

required to pay under the reciprocal

treaty agreements listed in the

forthcoming Attorney General Order to

a work authorized nonimmigrant or

alien lawfully admitted for permanent

residence qualified for such benefits;

• Medical assistance under Title XIX

of the Social Security Act (or any

successor program to such Title) for care

and services that are necessary for the

treatment of an emergency medical

condition (as defined in section

1903(v)(3) of such Act) of the alien

involved and that are not related to an

organ transplant procedure, if the alien

involved otherwise meets the eligibility

requirements for medical assistance

under the state plan approved under

such Title (other than the requirement

of the receipt of aid or assistance under

Title IV of such Act, SSI benefits under

Title XVI of such Act, or a state

supplementary payment);

• Short-term, non-cash, in-kind

emergency disaster relief;

• Public health assistance (not

including any assistance under Title

XIX of the Social Security Act) for

immunizations with respect to

immunizable diseases and for testing

and treatment of symptoms of

communicable diseases whether or not

such symptoms are caused by a

communicable disease;

• Programs for housing or community

development assistance or financial

assistance administered by the Secretary

of Housing and Urban Development

(‘‘HUD’’), any program under Title V of

the Housing Act of 1949, or any

assistance under section 306C of the

Consolidated Farm and Rural

Development Act, to the extent that the

alien is receiving such a benefit on

August 22, 1996;

• Any benefit payable under Title II

of the Social Security Act to which

entitlement is based on an application

filed on or before August 31, 1996, and

any benefit covered by Attorney General

Order No. 2054, 61 FR 47039 (1996), re:

benefits payable under Title II of the

Social Security Act to an alien who is

lawfully present in the U.S.;

• Any benefit the nonpayment of

which would contravene an

international agreement described in

section 233 of the Social Security Act

(an agreement establishing totalization

arrangements between the social

security system of the U.S. and that of

any foreign country which establishes

entitlement to and the amount of oldage, survivors, disability, or derivative

benefits based on an individual’s

coverage under both systems);

• Any benefit the nonpayment of

which would be contrary to section

202(t) of the Social Security Act;

• Any benefit under the school lunch

program under the National School

Lunch Act, 42 U.S.C. 1751 et seq., or the

school breakfast program under section

4 of the Child Nutrition Act of 1966, 42

U.S.C. 1773, provided to an individual

who is eligible to receive free public

education benefits under state or local

law;

• Any benefit payable under Title

XVIII of the Social Security Act (relating

to the Medicare program) to an alien

who is lawfully present in the U.S., as

determined by the Attorney General,

provided that, with respect to the

attribution of the alien’s wages for

purposes of eligibility for benefits

payable under Part A of such program,

the alien was authorized to be

employed; and

• Any benefit payable under the

Railroad Retirement Act of 1974 or the

Railroad Unemployment Insurance Act

to an alien who is lawfully present in

the U.S., as determined by the Attorney

General, or to an alien residing outside

the U.S.

State Option: Each State may, but is

not required to, provide benefits under

programs established under the laws

listed below to individuals who are not

U.S. citizens, U.S. non-citizen nationals

or qualified aliens. You should

determine whether your State is

providing such benefits to all persons,

regardless of citizenship, alienage or

immigration status, or whether it is

providing them only to U.S. citizens,

U.S. non-citizen nationals and qualified

aliens. If your State is providing such

benefits to all persons, you should not

verify citizenship or immigration status;

if it is limiting such benefits to citizens,

non-citizen nationals and qualified

aliens, you may want to use the Interim

Guidance, in consultation with state and

local authorities, to verify citizenship

and immigration status.

• Programs (other than the school

lunch program and the school breakfast

program) under the National School

Lunch Act, 42 U.S.C. 1751 et seq., and

the Child Nutrition Act of 1966, 42

U.S.C. 1771 et seq.;

• Section 4 of the Agriculture and

Consumer Protection Act of 1973, 7

U.S.C. 612c note;

• The Emergency Food Assistance

Act of 1983, 7 U.S.C. 7501 et seq.; and

• The food distribution program on

Indian reservations established under

section 4(b) of the Food Stamp Act of

1977, 7 U.S.C. 2013(b).

Attachment 4—Interim Guidance

Documentary Evidence of Status as a

U.S. Non-Citizen National

Copies of the following documents

will, when combined with satisfactory

proof of identity (which will come from

the document itself if it bears a

photograph of the person to whom it

relates), demonstrate that a person is a

U.S. citizen or non-citizen national for

purposes of Title IV of the Personal

Responsibility and Work Opportunity

Reconciliation Act of 1996, as amended

by the Illegal Immigration Reform and

Immigrant Responsibility Act of 1996.

(To the extent citizenship or nationality

of a child is relevant to a benefit

eligibility determination, the documents

should demonstrate the child’s status

rather than that of the parent.) The lists

set forth in Paragraphs A and B below

are drawn from existing guidance

published by the Social Security

Administration (‘‘SSA’’) and regulations

issued by the Immigration and
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61363

Naturalization Service (‘‘INS’’) regarding

determination of U.S. citizenship and

nationality; the lists in Paragraphs C

through F are drawn solely from the

SSA guidance. These lists are not

exhaustive; you should refer to guidance

issued by the agency or department

overseeing your program to determine if

it accepts documents or other evidence

of citizenship not listed below.

A. Primary Evidence

• A birth certificate showing birth in

one of the 50 States, the District of

Columbia, Puerto Rico (on or after

January 13, 1941), Guam, the U.S. Virgin

Islands (on or after January 17, 1917),

American Samoa, Swain’s Island or the

Northern Mariana Islands, unless the

person was born to foreign diplomats

residing in the U.S.

Note: If the document shows that the

individual was born in Puerto Rico, the U.S.

Virgin Islands or the Northern Mariana

Islands before these areas became part of the

U.S., the individual may be a collectively

naturalized citizen—see Paragraph C below.

• United States passport (except

limited passports, which are issued for

periods of less than five years);

• Report of birth abroad of a U.S.

citizen (FS–240) (issued by the

Department of State to U.S. citizens);

• Certificate of birth (FS–545) (issued

by a foreign service post) or Certification

of Report of Birth (DS–1350) (issued by

the Department of State), copies of

which are available from the

Department of State;

• Certificate of Naturalization (N–550

or N–570) (issued by the INS through a

Federal or State court, or through

administrative naturalization after

December 1990 to individuals who are

individually naturalized; the N–570 is a

replacement certificate issued when the

N–550 has been lost or mutilated or the

individual’s name has been changed);

• Certificate of Citizenship (N–560 or

N–561) (issued by the INS to

individuals who derive U.S. citizenship

through a parent; the N–561 is a

replacement certificate issued when the

N–560 has been lost or mutilated or the

individual’s name has been changed);

• United States Citizen Identification

Card (I–197) (issued by the INS until

April 7, 1983 to U.S. citizens living near

the Canadian or Mexican border who

needed it for frequent border crossings)

(formerly Form I–179, last issued in

February 1974);

• Northern Mariana Identification

Card (issued by the INS to a collectively

naturalized citizen of the U.S. who was

born in the Northern Mariana Islands

before November 3, 1986);

• Statement provided by a U.S.

consular officer certifying that the

individual is a U.S. citizen (this is given

to an individual born outside the U.S.

who derives citizenship through a

parent but does not have an FS–240,

FS–545 or DS–1350); or

• American Indian Card with a

classification code ‘‘KIC’’ and a

statement on the back (identifying U.S.

citizen members of the Texas Band of

Kickapoos living near the U.S./Mexican

border).

B. Secondary Evidence

If the applicant cannot present one of

the documents listed in A above, the

following may be relied upon to

establish U.S. citizenship or nationality:

• Religious record recorded in one of

the 50 States, the District of Columbia,

Puerto Rico (on or after January 13,

1941), Guam, the U.S. Virgin Islands (on

or after January 17, 1917)), American

Samoa, Swain’s Island or the Northern

Mariana Islands (unless the person was

born to foreign diplomats residing in

such a jurisdication) within three

months after birth showing that the

birth occurred in such jurisdiction and

the date of birth or the individual’s age

at the time the record was made;

• Evidence of civil service

employment by the U.S. government

before June 1, 1976;

• Early school records (preferably

from the first school) showing the date

of admission to the school, the child’s

date and place of birth, and the name(s)

and place(s) of birth of the parent(s);

• Census record showing name, U.S.

citizenship or a U.S. place of birth, and

date of birth or age of applicant;

• Adoption Finalization Papers

showing the child’s name and place of

birth in one of the 50 States, the District

of Columbia, Puerto Rico (on or after

January 13, 1941), Guam, the U.S. Virgin

Islands (on or after January 17, 1917),

American Samoa, Swain’s Island or the

Northern Mariana Islands (unless the

person was born to foreign diplomats

residing in such a jurisdiction) or,

where or adoption is not finalized and

the State or other jurisdiction listed

above in which the child was born will

not release a birth certificate prior to

final adoption, a statement from a stateapproved adoption agency showing the

child’s name and place of birth in one

of such jurisdictions (NOTE: the source

of the information must be an original

birth certificate and must be indicated

in the statement); or

• Any other document that

establishes a U.S. place of birth or in

some way indicates U.S. citizenship

(e.g., a contemporaneous hospital record

of birth in that hospital in one of the 50

States, the District of Columbia, Puerto

Rico (on or after January 13, 1941),

Guam, the U.S. Virgin Islands (on or

after January 17, 1917), American

Samoa, Swain’s Island or the Northern

Mariana Islands (unless the person was

born to foreign diplomats residing in

such a jurisdiction).

C. Collective Naturalization

If the applicant cannot present one of

the documents listed in A or B above,

the following will establish U.S.

citizenship for collectively naturalized

individuals:

Puerto Rico:

• Evidence of birth in Puerto Rico on

or after April 11, 1899 and the

applicant’s statement that he or she was

residing in the U.S., a U.S. possession

or Puerto Rico on January 13, 1941; or

• Evidence that the applicant was a

Puerto Rican citizen and the applicant’s

statement that he or she was residing in

Puerto Rico on March 1, 1917 and that

he or she did not take an oath of

allegiance to Spain.

U.S. Virgin Islands:

• Evidence of birth in the U.S. Virgin

Islands, and the applicant’s statement of

residence in the U.S., a U.S. possession

or the U.S. Virgin Islands on February

25, 1927;

• The applicant’s statement

indicating resident in the U.S. Virgin

Islands as a Danish citizen on January

17, 1917 and residence in the U.S., a

U.S. possession or the U.S. Virgin

Islands on February 25, 1927, and that

he or she did not make a declaration to

maintain Danish citizenship; or

• Evidence of birth in the U.S. Virgin

Islands and the applicant’s statement

indicating residence in the U.S., a U.S.

possession or territory or the Canal Zone

on June 28, 1932.

Northern Mariana Islands (NMI)

(formerly part of the Trust Territory of

the Pacific Islands (TTPI)):

• Evidence of birth in the NMI, TTPI

citizenship and residence in the NMI,

the U.S., or a U.S. territory or possession

on November 3, 1986 (NMI local time)

and the applicant’s statement that he or

she did not owe allegiance to a foreign

state on November 4, 1986 (NMI local

time);

• Evidence of TTPI citizenship,

continuous residence in the NMI since

before November 3, 1981 (NMI local

time), voter registration prior to January

1, 1975 and the applicant’s statement

that he or she did not owe allegiance to

a foreign state on November 4, 1986

(NMI local time); or

• Evidence of continuous domicile in

the NMI since before January 1, 1974

and the applicant’s statement that he or

she did not owe allegiance to a foreign

state on November 4, 1986 (NMI local

time).
61364 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

Note: If a person entered the NMI as a

nonimmigrant and lived in the NMI since

January 1, 1974, this does not constitute

continuous domicile and the individual is

not a U.S. citizen.

D. Derivative Citizenship

If the applicant cannot present one of

the documents listed in A or B above,

you should make a determination of

derivative U.S. citizenship in the

following situations:

Applicant born abroad to two U.S.

citizen parents:

• Evidence of the U.S. citizenship of

the parents and the relationship of the

applicant to the parents, and evidence

that at least one parent resided in the

U.S. or an outlying possession prior to

the applicant’s birth.

Applicant born abroad to a U.S.

citizen parent and a U.S. non-citizen

national parent:

• Evidence that one parent is a U.S.

citizen and that the other is a U.S. noncitizen national, evidence of the

relationship of the applicant to the U.S.

citizen parent, and evidence that the

U.S. citizen parent resided in the U.S.,

a U.S. possession, American Samoa or

Swain’s Island for a period of at least

one year prior to the applicant’s birth.

Applicant born out of wedlock abroad

to a U.S. citizen mother:

• Evidence of the U.S. citizenship of

the mother, evidence of the relationship

to the applicant and, for births on or

before December 24, 1952, evidence that

the mother resided in the U.S. prior to

the applicant’s birth or, for births after

December 24, 1952, evidence that the

mother had resided, prior to the child’s

birth, in the U.S. or a U.S. possession for

a period of one year.

Applicant born in the Canal Zone or

the Republic of Panama:

• A birth certificate showing birth in

the Canal Zone on or after February 26,

1904 and before October 1, 1979 and

evidence that one parent was a U.S.

citizen at the time of the applicant’s

birth; or

• A birth certificate showing birth in

the Republic of Panama on or after

February 26, 1904 and before October 1,

1979 and evidence that at least one

parent was a U.S. citizen and employed

by the U.S. government or the Panama

Railroad Company or its successor in

title.

All other situations where an

applicant claims to have a U.S. citizen

parent and an alien parent, or claims to

fall within one of the above categories

but is unable to present the listed

documentation:

• If the applicant is in the U.S., refer

him or her to the local INS office for

determination of U.S. citizenship;

• If the applicant is outside the U.S.,

refer him or her to the State Department

for a U.S. citizenship determination.

E. Adoption of Foreign-Born Child by

U.S. Citizen

• If the birth certificate shows a

foreign place of birth and the applicant

cannot be determined to be a

naturalized citizen under any of the

above criteria, obtain other evidence of

U.S. citizenship;

• Since foreign-born adopted children

do not automatically acquire U.S.

citizenship by virtue of adoption by U.S.

citizens, refer the applicant to the local

INS district office for a determination of

U.S. citizenship if the applicant

provides no evidence of U.S.

citizenship.

F. U.S. Citizenship By Marriage

A woman acquired U.S. citizenship

through marriage to a U.S. citizen before

September 22, 1922. Ask for: Evidence

of U.S. citizenship of the husband, and

evidence showing the marriage occurred

before September 22, 1922.

Note: If the husband was an alien at the

time of the marriage, and became naturalized

before September 22, 1922, the wife also

acquired naturalized citizenship. If the

marriage terminated, the wife maintained her

U.S. citizenship if she was residing in the

U.S. at that time and continued to reside in

the U.S.

G. Applicants With Disabilities and

Nondiscrimination

If an applicant has a disability that

limits the applicant’s ability to provide

the required evidence of citizenship or

nationality (e.g., mental retardation,

amnesia, or other cognitive, mental or

physical impairment), you should make

every effort to assist the individual to

obtain the required evidence. In

addition, you should not discriminate

against applicants on the basis of race,

national origin, gender, religion, age or

disability. See Nondiscrimination

Advisory, Attachment 2 to Interim

Guidance.

Attachment 5—Interim Guidance—

Documentary Evidence of Status as A

‘‘Qualified Alien’’ Eligible for Federal

Public Benefits

The documents listed below

(descriptions of which are provided in

Exhibit A) will, when combined with

satisfactory proof of identity (which will

come from the document itself if it bears

a photograph of the person to whom it

relates), establish that an applicant falls

within one of the categories of

‘‘qualified alien’’ for purposes of title IV

of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996,

as amended by the Illegal Immigration

Reform and Immigrant Responsibility

Act of 1996.

Under the Immigration and

Nationality Act (the ‘‘INA’’), all aliens

over the age of 14 who remain in the

United States for longer than 30 days are

required to register with the

Immigration and Naturalization Service

(the ‘‘INS’’) and obtain an alien

registration document. All aliens over

the age of 18 who receive a registration

document are required to carry it with

them at all times. With certain

exceptions (e.g., Canadian visitors),

aliens entering the U.S. are normally

issued a registration document (e.g., an

INS Form I–94) at the time of entry. The

documents listed below that are

registration documents are indicated

with an asterisk (‘‘*’’).

Each of the documents listed below

will demonstrate lawful status, and you

should not require presentation of a

registration document if the applicant

presents one of the other legally

acceptable documents that reasonably

appears on its face to be genuine and to

relate to the person presenting it.

However, if the document presented is

not a registration document and does

not on its face reasonably appear to be

genuine or to relate to the person

presenting it, it is appropriate to ask the

applicant to produce his or her

registration document as additional

evidence of immigration status, so long

as the request is not made for a

discriminatory reason (see

Nondiscrimination Advisory,

Attachment 2 to Interim Guidance).

Presentation of a registration document

listed below that reasonably appears on

its face to be genuine and to relate to the

person presenting it (or to satisfy a

higher applicable standard) will often

obviate the need to verify the

applicant’s immigration status with the

INS; if the applicant presents a

registration document that does not

meet this standard, sending the INS a

copy of the document will assist it in

verifying the applicant’s status quickly

and accurately.

Alien Lawfully Admitted for Permanent

Residence

• *INS Form I–551 (Alien

Registration Receipt Card, commonly

known as a ‘‘green card’’); or

• Unexpired Temporary I–551 stamp

in foreign passport or on *INS Form I–

94.

Asylee

• *INS Form I–94 annotated with

stamp showing grant of asylum under

section 208 of the INA;
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61365

• *INS Form I–688B (Employment

Authorization Card) annotated

‘‘274a.12(a)(5)’’;

• *INS Form I–766 (Employment

Authorization Document) annotated

‘‘A5’’;

• Grant letter from the Asylum Office

of INS;or

• Order of an immigration judge

granting asylum.

Refugee

• *INS Form I–94 annotated with

stamp showing admission under § 207

of the INA;

• *INS Form I–688B (Employment

Authorization Card) annotated

‘‘274a.12(a)(3)’’;

• *INS Form I–766 (Employment

Authorization Document) annotated

‘‘A3’’; or

• INS Form I–571 (Refugee Travel

Document).

Alien Paroled Into the U.S. for a Least

One Year

• *INS Form I–94 with stamp

showing admission for at least one year

under section 212(d)(5) of the INA.

(Applicant cannot aggregate periods of

admission for less than one year to meet

the one-year requirement.)

Alien Whose Deportation or Removal

Was Withheld

• *INS Form I–688B (Employment

Authorization Card) annotated

‘‘274a.12(a)(10)’’;

• *INS Form I–766 (Employment

Authorization Document) annotated

‘‘A10’’; or

• Order from an immigration judge

showing deportation withheld under

§ 243(h) of the INA as in effect prior to

April 1, 1997, or removal withheld

under § 241(b)(3) of the INA.

Alien Granted Conditional Entry

• *INS Form I–94 with stamp

showing admission under § 203(a)(7) of

the INA;

• *INS Form I–688B (Employment

Authorization Card) annotated

‘‘274a.12(a)(3)’’; or

• *INS Form I–766 (Employment

Authorization Document) annotated

‘‘A3.’’

Cuban/Haitian Entrant

• *INS Form I–551 (Alien

Registration Receipt Card, commonly

known as a ‘‘green card’’) with the code

CU6, CU7, or CH6;

• Unexpired temporary I–551 stamp

in foreign passport or on *INS Form

I–94 with the code CU6 or CU7; or

• INS Form I–94 with stamp showing

parole as ‘‘Cuba/Haitian Entrant’’ under

Section 212(d)(5) of the INA.

Alien Who Has Been Battered or

Subjected to Extreme Cruelty

Guidance as to the requirements that

must be met for an alien to fall within

this category of qualified alien is set

forth in Exhibit B. Note that Title IV, as

amended by the Illegal Immigration

Reform and Immigrant Responsibility

Act of 1996, contains provisions

requiring that, upon the effective date of

the new affidavit of support (required

under section 213A of the Act), when

determining eligibility for federal

means-tested public benefits and the

amount of such benefits to which an

alien is entitled, the income and

resources of the alien be deemed to

include those of any person executing

an affidavit of support on behalf of the

alien and that person’s spouse. Certain

exceptions are made for indigent

qualified aliens and for qualified aliens

who (or whose children) have been

battered or subjected to extreme cruelty

in the U.S. by a spouse, parent or

member of the spouse or parent’s family

and for qualified alien children whose

parents have been subjected to such

abuse. See Attachment 5, Exhibit B,

Section II.

Expired or Absent Documentation

If an applicant presents expired

documents or is unable to present any

documentation evidencing his or her

immigration status, refer the applicant

to the local INS office to obtain

documentation of status. In unusual

cases involving applicants who are

hospitalized or medically disabled, or

who can otherwise show good cause for

their inability to present documentation,

and for whom securing such

documentation would constitute an

undue hardship, if the applicant can

provide an alien registration number,

you may file INS Form G–845 and

Supplement, along with the alien

registration number and a copy of any

expired INS document presented, with

the local INS office to verify status. As

with any documentation of immigration

status, you should confirm that the

status information you receive back

from INS pertains to the applicant

whose identity you have verified.

Receipt for Replacement Document

If an applicant presents a receipt

indicating that he or she has applied to

the INS for a replacement document for

one of the documents identified above,

file INS Form G–845 and Supplement

along with a copy of the receipt with the

local INS office to verify status. Upon

return receipt of information from INS,

confirm that it pertains to the applicant

whose identity you have verified. You

should ask to see the replacement

document at a later date.

Applicants with Disabilities and

Nondiscrimination

If an applicant has a disability that

limits the applicant’s ability to provide

the required evidence of immigration

status (.e.g., mental retardation,

amnesia, or other cognitive, mental or

physical impairment), you should make

every effort to assist the individual to

obtain the required evidence. In

addition, you should not discriminate

against applicants on the basis of race,

national origin, gender, religion, age or

disability. See Nondiscrimination

Advisory, Attachment 2 to Interim

Guidance.

Local INS Offices

A list of local INS offices and their

addresses is set forth in Attachment 1 to

the Interim Guidance. Attachment 1 also

includes a copy of INS Form G–845 and

the Supplement thereto to be used to

verify immigration status pursuant to

the Interim Guidance.

EXHIBIT A TO ATTACHMENT 5

‘‘PINK’’ I–551 ‘‘RESIDENT ALIEN’’ CARD

FRONT: Pink background (blue header

bar); blue INS seal overlaps photo area.

Repeating ‘‘I–551’’ becomes visible when

card is tilted under normal light. Expiration

date on front of card: Moth, day, and year.

BACK: Color gradually changes from pink

to blue, with map of U.S. in white. Three

lines of machine readable printing at bottom

on white background. Immigrant

classification and admission/adjustment date

on back of card. First set of code is immigrant

classification, beginning with letter(s)

followed by numbers(s). Third set of code is

admission/adjustment date, beginning with

year, month, and day.

‘‘WHITE’’ I–551 ‘‘RESIDENT ALIEN’’ CARD

FRONT: White background (blue header

bar); salmon lines cover the photo in an

unbroken pattern. Printing ‘‘detail’’ in eagle

is excellent. Immigrant classification is on

front of card in lower right corner, beginning

with letter(s) followed by number(s).

BACK: Pale greenish background, map of

U.S. in white. Three lines of machine

readable codes. Admission/adjustment date

is at bottom, left corner on back of card,

beginning with year, month, and day.

UNEXPIRED FOREIGN PASSPORT WITH

I–551 STAMP

An I–551 stamp may be present in a foreign

passport, with a handwritten ‘‘Valid Until’’

date. A proof of entry and inspection stamp

will also present in the passport, similar to

the stamp for an I–94. Date of entry is

stamped. Immigrant visa classification (letter

and number) is printed or stamped on

‘‘Admitted’’ line. Valid status expires on date

enumerated at ‘‘Until’’ section of I–551

stamp. The alien number may be printed

beginning with letter A.
61366 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

1Some 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.

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:

(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
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61367

2While 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.

3The 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.)

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.

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;

(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
61368 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

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).

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.

6Because 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.

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

(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

(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:

(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 computergenerated receipt indicating filing of Form I–

360), but the INS will not have determined

whether the applicant’s petition sets forth a

prima facie case. (If the applicant has no

proof of filing, you should follow the

instructions in paragraph 6.) You should

request that the INS expedite adjudication of

the petition or that a prima facie

determination be made by faxing the INS

Request Form on your agency letterhead, to

the INS Vermont Service Center. Inquires

about these cases may also be submitted in

the same manner to the INS Vermont Service

Center.

(b) Applicants with petitions filed after

June 7, 1997 should have an INS Form I–797

indicating filing of the I–360 petition, but

may have only a copy of the petition and

proof of mailing. Within three weeks of

filing, INS will send to the applicant either

an approval notice, a notice of prima facie

case, or a request for additional

documentation. In some cases, the applicant

will receive both a notice of prima facie case

and a request for additional documentation.

Upon publication of an interim prima facie

rule, INS will begin the process of

determining whether an applicant’s petition

sets forth a prima facie case. If three weeks

have elapsed since the filing of the petition,

you may determine the status of the case by

faxing the INS Request Form, on your

letterhead, to the Vermont Service Center.

Please not that the prima facie

determination is an interim determination.

An INS notice of prima facie case will expire

upon issuance of a final decision by the INS

or 150 days after issuance, whichever is

earlier. An EOIR prima facie determination

will expire upon the date of the applicant’s

hearing on the merits of his or her case, or

if made by the Board of Immigration Appeals,

upon issuance of the Board’s decision on the

appeal. In order to remain eligible for

benefits after the expiration of a notice of

prima facie case an applicant must either

request and obtain a renewal of the prima

facie determination from the INS or the EOIR,

as applicable, or must present the benefit

provider with a copy of one of the documents

listed in paragraph one above indicating that

his or her petition or application has been

approved.

(4) With documentation indicating that the

applicant has filed a petition or that a

petition was filed on his or her behalf, as

applicable, under one of the provisions listed

in (a) or (b) above (the documentation must

indicate that the applicant is the widow/

widower of a U.S. citizen, the husband or

wife of a U.S. Citizen or LPR, the unmarried

child under age 21 of a U.S. citizen or LPR,

or the unmarried child age 21 or older of an

LPR):

• For aliens on whose behalf a petition has

been filed: INS Form I–797 indicating filing

of an INS I–130 petition, a file-stamped copy

of the petition, or another document

demonstrating filing (including a cash

register or computer-generated receipt

indicating filing of Form I–130) (a sample

copy of Form I–130 is attached to this

Exhibit).

• For self-petitioning widows or widowers:

a file-stamped copy of the INS I–360 petition,

or another document demonstrating filing

(including a cash register or computergenerated 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 selfpetition under the Violence Against Women

Act should be strongly encouraged to do so.

(Note: The alien must be the spouse or child

of the abuser and, in the case of a spousal

petition, still be married to the abuser when

the petition is filed.) The applicant should

also be directed to the INS forms request line

and the National Domestic Violence Hotline

as set forth on page one.

(5) Documentation indicating that the INS

has initiated deportation or removal

proceedings in which relief under the

provision(s) listed in section (e) above may

be available (copies of the documents listed

below are attached to this Exhibit):

• an ‘‘Order to Show Cause’’;

• a ‘‘Notice to Appear’’; or

• a ‘‘Notice of Hearing in Deportation

Proceedings.’’

You should inform the applicant that, if

the applicant or the applicant’s child has

been battered or subjected to extreme cruelty
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61369

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).

in the United States by a spouse or parent

who is a U.S. citizen or LPR, and the

applicant has been present in the United

States for at least three years, he or she may

file an application with the EOIR requesting

suspension of deportation or cancellation of

removal as applicable. You should also notify

the applicant that, upon filing the

application, he or she may ask the court to

make a prima facie evaluation of the

application and that, if the court indicates

that the applicant has set forth a prima facie

case for relief, he or she should return to your

agency to complete the benefit eligibility

evaluation process (see also footnote six).

You should also refer the applicant to the

National Domestic Violence Hotline as set

forth on page one so that he or she may

obtain assistance from a local domestic

violence service provider and referrals to

immigration attorneys. (Some of these

applicants will also have sought the relief

described in (a)–(d) above. Thus the

applicant may have an I–797 indicating that

his or her petition has been granted or that

the petition sets forth a prima facie case, or

an I–797 receipt indicating that a petition has

recently been filed. You should only follow

the procedures described in this paragraph if

the applicant does not have such a petition

pending with the INS.)

(6) With minimal or no documentation

regarding the claimed filing: Because of the

nature of abusive relationships, applicants

may not have copies of the documents that

have been filed by them or on their behalf.

If the applicant has some documentation, but

it is insufficient to demonstrate filing,

establishment of prima facie case or approval

of a petition, you should fax the INS Request

Form on your agency letterhead, as well as

a copy of any document(s) provided by the

applicant, to the INS Vermont Service Center

in order to determine the applicant’s status.

If the applicant has no documentation, but is

certain that a petition has been filed by his

or her spouse or parent, you should fax the

INS Request Form to the INS Vermont

Service Center. If the applicant has no

documentation and is uncertain whether a

petition has been filed on his or her behalf,

you should refer the applicant to the National

Domestic Violence Hotline as set forth on

page one.

(7) Without having filed one of the above

petitions, but with facts indicating a basis to

file such a petition: You should refer such

applicants to the INS forms request line and

to the National Domestic Violence Hotline as

set forth on page one.

Requirement 2: Battered or Subjected to

Extreme Cruelty. You must also determine

whether an applicant, his or her child, or, in

the case of an alien child, his or her parent,

has been battered or subjected to extreme

cruelty (as defined below) as follows:

• in the case of an abused alien: the alien

has been battered or subjected to extreme

cruelty in the United States by a spouse or

parent of the alien, or by a member of the

spouse or parent’s family residing in the

same household as the alien if the spouse or

parent consents to or acquiesces in such

battery or cruelty;

• in the case of an alien whose child is

abused: the alien’s child has been battered or

subjected to extreme cruelty in the United

States by a spouse or parent of the alien, or

by a member of the spouse or parent’s family

residing in the same household as the alien

if the spouse or parent consents to or

acquiesces in such battery or cruelty, and the

alien did not actively participate in the

battery or cruelty;

• in the case of an alien child whose

parent is abused: the alien child’s parent has

been battered or subjected to extreme cruelty

in the United States by the parent’s spouse,

or by a member of the spouse’s family

residing in the same household as the parent

if the spouse consents to or acquiesces in

such battery or cruelty.

(a) Definitions of Battery, Extreme Cruelty

and Family Member

For purposes of this Guidance, the phrase

‘‘battered or subjected to extreme cruelty’’

has the meaning set forth below. This

definition is drawn, with slight modification,

from the INS interim rule, ‘‘Petition to

Classify Alien as Immediate Relative of a

United States Citizen or as Preference

Immigrant; Self-Petitioning for Certain

Battered or Abused Spouses and Children,’’

61 Fed. Reg. 13,061, 13074 (1996) (8 C.F.R.

204.2(c)(vi)).

The phrase ‘‘battered or subjected to

extreme cruelty’’ includes, but is not limited

to, being the victim of any act or threatened

act of violence, including any forceful

detention, which results or threatens to result

in physical or mental injury. Psychological or

sexual abuse or exploitation, including rape,

molestation, incest (if the victim is a minor),

or forced prostitution shall be considered

acts of violence. Other abusive actions may

also be acts of violence under this rule. Acts

or threatneded acts that, in and of

themselves, may not initially appear violent

may be part of an overall pattern of violence.

This is a broad, flexible definition that

encompasses all types of battery and extreme

cruelty. The acts mentioned in the above

definition should be regarded by benefit

providers as acts of violence whenever they

occur, so long as one or more of the acts takes

place in the United States and while the

family relationship between the abuser and

the victim exists. It is not possible, however,

to identify all behaviors that could be acts of

violence under certain circumstances, and

this definition does not contain an

exhaustive list of the acts of violence that

will constitute battery or extreme cruelty.

Many other nonenumerated abusive actions

will also constitute an act or threatened act

of violence under this definition.

For purposes of this Guidance, the phrase

‘‘member of the spouse or parent’s family’’

means any person related by blood, marriage,

or adoption to the spouse or parent of the

alien, or any person having a relationship to

the spouse or parent that is covered by the

civil or criminal domestic violence statutes of

the state or Indian country where the alien

resides, or the state or Indian country in

which the alien, the alien’s child, or the alien

child’s parent received a protection order.

(b) Applicant With EOIR Order or

Approved INS Petition or Other Court Order

Based on Battery

Applicants with approved petitions or

orders granted under one of the provisions

enumerated in paragraphs (c), (d) or (e) of

requirement one above have already met the

requirement of demonstrating battery or

extreme cruelty pursuant to the INS rule.

Thus, the benefit provider should not make

a new determination of battery or cruelty,

and should instead proceed directly to the

determination of substantial connection

under requirement three. Similarly, a

protection order or record of criminal

conviction satisfies the battery or extreme

cruelty requirement for applicants in the

following situations:

• any applicant who has or has had a

protection order issued against his or her

spouse, parent, or family member of the

spouse or parent with whom the applicant

was living;

• any applicant whose child has or has

had a protection order issued against the

applicant’s spouse, parent, or family member

of the spouse or parent with whom the

applicant was living (including protection

orders issued to the applicant on behalf of

the applicant’s abused minor child);

• any applicant who is an alien child and

whose parent has or has had a protection

order issued against the parent’s spouse, or

family member of the spouse with whom his

or her parent was living;

• any applicant who has a record of

criminal conviction of his or her spouse,

parent, or family member of the spouse or

parent with whom the applicant was living,

for committing an act of violence against the

applicant or his or her child; or

• any applicant who is an alien child and

who has a record of criminal conviction of

his or her parent’s spouse, or family member

of the spouse with whom the parent was

living , for committing an act of violence

against the applicant’s parent.

In the above situations, the applicant has

established battery or extreme cruelty for

purposes of this Guidance, and you should

immediately proceed to requirement three.7

(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
61370 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

that the applicant sought safe-haven in a

battered women’s shelter or similar refuge

because of the battery against the applicant

or his or her child; or photographs of the

visibly injured applicant, child, or (in the

case of an alien child) parent supported by

affidavits. An applicant may also submit

sworn affidavits from family members,

friends or other third parties who have

personal knowledge of the battery or cruelty.

Additionally, an applicant may submit his or

her own affidavit, under penalty of perjury (it

does not have to be notarized), describing the

circumstances of the abuse, and the benefit

provider has the discretion to conclude that

the affidavit is credible, and, by itself or in

conjunction with other evidence, provides

relevant evidence of sufficient weight to

demonstrate battery or extreme cruelty. The

benefit provider should keep a copy of all

evidence presented by the applicant.

The benefit provider should bear in mind

that, due to the nature of the control and fear

dynamics inherent in domestic violence,

some applicants will lack the best evidence

to support their allegations (e.g., a civil

protection order or a police report). Thus, the

benefit provider will need to be flexible in

working with the applicant as he or she

attempts to assemble adequate

documentation. In determining the existence

of battery or cruelty, it is important that the

benefit provider understand both the

experience of intimate violence and the

applicant’s cultural context. The dynamics of

domestic violence may have inhibited the

applicant from seeking public or professional

responses to the abuse prior to applying for

benefits needed to enable the applicant to

leave the abuser. For many cultural groups,

going to outsiders for help is viewed as

disloyalty to the community and an

embarrassment to the family. In some

cultures, for example, women have been

conditioned to accept the authority and

control of their husbands. Thus, there may be

little independent documentary evidence of

the abuse; the benefit provider should be

sensitive to the needs and situation of the

abused applicant when reviewing allegations

and evidence of abuse.

Many applicants will have had an I–130

petition filed on their behalf by their spouse

or parent, in which case the spouse or parent

will have ultimate control over the

disposition of the petition. If the spouse or

parent is the abuser, he or she can nullify the

petition either by withdrawing it or by

divorcing the alien before the alien is able to

obtain a green card. For these reasons, and

because a self-petitioning applicant may be

able to obtain employment authorization, an

alien who is eligible to self-petition (the alien

must be married to the abuser when the

petition is filed) should be strongly

encouraged to do so. The applicant should

also be directed to the INS forms request line

and the National Domestic Violence Hotline

as set forth on page one.

Requirement 3: Substantial Connection

Between Battery and the Need for Benefits.

You must determine whether there is a

substantial connection between the battery or

extreme cruelty to which the applicant, his

or her child, or (in the case of an alien child)

his or her parent has been subjected and the

need for the benefits sought. This

requirement will not be satisfied simply by

a determination that an applicant has been

subjected to battery or extreme cruelty. To

assist benefit providers in making substantial

connection determinations, and as required

by the Budget Act, the Attorney General has

developed a list of circumstances, set forth

below, that demonstrate a substantial

connection between the battery or extreme

cruelty suffered by an applicant, the

applicant’s child, or (in the case of an alien

child) the applicant’s parent, and the need

for the benefit sought. You may refer to this

list as a guide in making substantial

connection determinations.

Note: The Attorney General’s Order No.

2097–97, Determination of Situations that

Demonstrate a Substantial Connection

Between Battery or Extreme Cruelty and

Need for Specific Public Benefits, 62 FR

39874 (July 24, 1997), has been superseded

by amendments in the Budget Act. Revised

substantial connection guidance will be

issued shortly. In the meantime, benefit

providers should look to the information

contained in this document for guidance in

making substantial connection

determinations.

• Where the benefits are needed to enable

the applicant, the applicant’s child, and/or

(in the case of an alien child), the applicant’s

parent to become self-sufficient following

separation from the abuser;

• Where the benefits are needed to enable

the applicant, the applicant’s child, and/or

(in the case of an alien child) the applicant’s

parent to escape the abuser and/or the

community in which the abuser lives, or to

ensure the safety of the applicant, the

applicant’s child, or (in the case of an alien

child) the applicant’s parent from the abuser;

• Where the benefits are needed due to a

loss of financial support resulting from the

applicant’s, his or her child’s, and/or (in the

case of an alien child) his or her parent’s

separation from the abuser;

• Where the benefits are needed because

the battery or cruelty, separation from the

abuser, or work absences or lower job

performance resulting from the battery or

extreme cruelty or from legal proceedings

relating thereto (including resulting child

support, child custody, and divorce actions)

cause the applicant, the applicant’s child,

and/or (in the case of an alien child) the

applicant’s parent to lose his or her job or to

earn less or to require the applicant, the

applicant’s child, and/or (in the case of an

alien child) the applicant’s parent to leave

his or her job for safety reasons;

• Where the benefits are needed because

the applicant, the applicant’s child, or (in the

case of an alien child) the applicant’s parent

requires medical attention or mental health

counseling, or has become disabled, as a

result of the battery or extreme cruelty;

• Where the benefits are needed because

the loss of a dwelling or source of income or

fear of the abuser following separation from

the abuser jeopardizes the applicant’s or (in

the case of an alien child) the parent’s ability

to care for his or her children (e.g., inability

to house, feed, or clothe children or to put

children into a day care for fear of being

found by the abuser);

• Where the benefits are needed to

alleviate nutritional risk or need resulting

from the abuse or following separation from

the abuser;

• Where the benefits are needed to provide

medical care during a pregnancy resulting

from the abuser’s sexual assault or abuse of,

or relationship with, the applicant, the

applicant’s child, and/or (in the case of an

alien child) the applicant’s parent and/or to

care for any resulting children; or

• Where medical coverage and/or health

care services are needed to replace medical

coverage or health care services the

applicant, the applicant’s child, or (in the

case of an alien child) the applicant’s parent

had when living with the abuser.

Requirement 4: Battered Applicant No

Longer Resides in the Same Household with

Batterer. Before providing benefits, you must

determine that the battered applicant, child

or parent no longer resides in the same

household or family eligibility unit as the

batterer. Although an applicant is not a

qualified alien eligible for benefits until the

battered applicant or child, or parent ceases

residing with the batterer, applicants will

generally need the assurance of the

availability of benefits in order to be able to

leave their batterer and survive

independently. Wherever possible in this

situation, the benefit provider should

complete the eligibility determination

process and approve the applicant for receipt

of benefits pending the applicant’s

demonstration that the applicant, his or her

child, and/or (in the case of an alien child)

his or her parent have separated from the

batterer. The applicant can then make

arrangements to leave the batterer’s residence

secure in the knowledge that benefits will be

provided as soon as he or she leaves.

You should consider any relevant credible

evidence supporting the claim of nonresidency 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
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 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 meanstested public benefits and the amount of such

benefits to which an alien applicant is

entitled, agencies must include as income

and resources of the alien, the income and

resources of the spouse of the alien and any

other person executing an affidavit of support

on behalf of the alien. An alien is exempt

from these ‘‘deeming’’ requirements for a

period of one year, however, if

(1) in the case of an abused alien,

(a) the alien has been battered or subjected

to extreme cruelty in the United States by a

spouse or parent of the alien, or by a member

of the spouse or parent’s family residing in

the same household as the alien if the spouse

or parent consents to or acquiesces in such

battery or cruelty; (b) there is, in the opinion

of the agency providing such benefits, a

substantial connection between the battery or

extreme cruelty and the need for the benefit

sought; and (c) the battered alien no longer

resides in the same household as the abuser;

(2) in the case of an alien whose child is

abused:

(a) the alien’s child has been battered or

subjected to extreme cruelty in the United

States by a spouse or parent of the alien, or

by a member of the spouse or parent’s family

residing in the same household as the alien

if the spouse or parent consents to or

acquiesces in such battery or cruelty, and the

alien did not actively participate in the

battery or cruelty; (b) there is, in the opinion

of the agency providing such benefits, a

substantial connection between the battery or

extreme cruelty and the need for the benefit

sought; and (c) the battered child no longer

resides in the same household as the abuser;

(3) in the case of an alien child whose

parent is abused:

(a) the alien child’s parent has been

battered or subjected to extreme cruelty in

the United States by the parent’s spouse, or

by a member of the spouse’s family residing

in the same household as the parent if the

spouse consents to or acquiesces in such

battery or cruelty; (b) there is, in the opinion

of the agency providing such benefits, a

substantial connection between the battery or

extreme cruelty and the need for the benefit

sought; and (c) the battered parent no longer

resides in the same household as the abuser.

See Part I, requirements two and four,

above, for the definition and proof of battery/

extreme cruelty and non-residency with the

abuser; the agency may also want to consult

the Attorney General’s guidance regarding

substantial connection (see part I,

requirement three above) when making its

own substantial connection determination.

After expiration of the one year period,

alien applicants continue to be exempt from

the deeming requirements with regard to the

resources and income of the batterer only, if

(a) the applicant demonstrates that the

battery or cruelty has been recognized in an

order of a judge or administrative law judge

or a prior determination of the INS, and (b)

in the opinion of the agency, there is a

substantial connection between the abuse or

battery suffered by the applicant, the

applicant’s child, or (in the case of an alien

child) the applicant’s parent and the need for

the benefit sought.

B. Indigent Aliens

In addition to the exemption for battered

aliens, the Act’s deeming provision contains

a separate exemption for indigent aliens. If,

after taking into account the alien’s own

income plus any cash, food, housing or other

assistance provided by other individuals

(including the sponsor), an agency

determines that a sponsored alien would, in

the absence of the assistance provided by the

agency, be unable to obtain food and shelter,

the amount of income and resources of the

sponsor or the sponsor’s spouse that shall be

attributed to the sponsored alien shall not

exceed the amount actually provided for a

period of one year after the date such agency

determination is made.

BILLING CODE 4410–10–M
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BILLING CODE 4410–10–C
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61379

Paperwork Reduction Act Notice

The information collection requirements

contained in the following two forms have

been approved for use by the Office of

Management and Budget under the

Paperwork Reduction Act. The OMB control

number for these collections is 1115–0219,

with the expiration date 5/31/98. Persons are

not required to provide this information

unless the form contains a currently valid

OMB control number. We estimate that it

will take an average of 20 minutes per

response to collect this information,

including time for reviewing, instruction,

searching existing data sources, gathering

and maintaining data needed, and

completing and reviewing the collection of

information. If you have any comments

regarding these estimates or any other aspects

of this collection, send them to the

Immigration and Naturalization Service, 425

I Street, N.W., Room 5304, Washington, D.C.

20536.

BILLING CODE 4410–10–M
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BILLING CODE 4410–10–C
61384 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW—IMMIGRATION COURTS

State/City/App. Code Judges Court administrator Phone Nos.

ARIZONA

Eloy—85231, 1705 E. Hanna Rd., Suite

366, App. Code—7D05030234.

William Lee Abbott, Isabel A. Bronzina,

Dean A. Levay, Sean Keenan.

John A. Meehan ..................... (520) 466–3671, (520)

466–7795 (fax).

Florence—85232, 3260 N. Pinal Parkway

Ave., App. Code—7D05030229.

Lamonte S. Freerks, Scott Jefferies ....... Jack B. Odom ......................... (520) 868–3341, (520)

868–4962 (fax).

Phoenix—85025, Federal Building, Room

3114, 230 N. First Avenue, App.

Code—7D05030226.

John W. Richardson, John T. Zastrow ... Jack B. Odom ......................... (602) 514–7356, (602)

514–7387 (fax).

CALIFORNIA

Imperial—92251, 2409 La Brucherie

Road, App. Code—7D05030222.

Michael H. Bennett, Dennis R. James,

Richard N. Knuck, Jack W. Staton,

Jack H. Weil.

M. Graciela Sosa .................... (619) 355–0070, (619)

355–8692 (fax).

Los Angeles—90012, 300 N. Los Angeles

St., Room 2001, App. Code—

7A05030223, Mailing Address: P.O.

Box 53711, Los Angeles, CA 90053–

0711.

Roy J. Daniel, Bruce J. Einhorn, Thomas Y.K. Fong, Harry L. Gastley, Gilbert T. 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.

Evelyn Diaz Brown ................. (213) 894–2811, (213)

894–5196 (fax).

Los Angeles—90012, Roybal Federal Office Building and Courthouse, 255 E.

Temple Street, Rm. 577, App. Code—

7D05030223.

................................................................. ................................................. (213) 894–5159, (213)

894–2632 (fax).

San Diego—92101–7904, 401 West A

Street, Suite 800, App. Code—

7D05030225.

Anthony Atenaide, Kenneth A. Bagley,

Robert J. Barrett, Richard J.

Bartolomei, Jr., Gaylyn Boone, C. Zsa

Zsa De Paolo, Ignacio Fernandez

Valdes, Joseph Ragusa, John C. Williams.

Brent L. Perkins ...................... (619) 557–6052, (619)

557–6405 (fax).

San Diego—92188, 880 Front Street,

Room 800, App. Code—7D05030225.

................................................................. ................................................. (619) 557–7647, (619)

557–7655 (fax).

San Francisco—94108, 550 Kearny

Street, Suite 800, App. Code—

7D05030224, Mailing Address: P.O.

Box 2326, San Francisco, CA 94126–

2326.

Lawrence N. DiCostanzo, Alberto E.

Gonzalez, Bernard J. Hornbach, Dana

Marks Keener, Carol A. King, Tue

Phan Quang, Beverly M. Phillips,

Mimi Y. Schooley, Brian H. Simpson,

Bette K. Stockton, Polly A. Webber.

Stephen P. Perkins ................ (415) 705–4415, (415)

705–4418 (fax).

San Pedro-90731, INS San Pedro Service Proc. Center, 2001 Seaside Avenue, Room 136, App. Code—

7D05030233.

Rose Collantes Peters, D.D. Sitgraves .. Evelyn Diaz Brown ................. (310) 732–0753, (310)

732–0757 (fax).

COLORADO

Denver—80294, Byron G. Rogers Fed.

Building, 1961 Stout Street, Room

1403, App. Code—7D05030220.

David J. Cordova, James P. Vandello ... Alec Revelle ........................... (303) 844–5815, (303)

844–4578 (fax).

Aurora—80010, Wackenhut Security, Inc.,

11901 E. 30th Avenue, App. Code—

7D05030220.

David J. Cordova, James P. Vandello ... Alec Revelle ........................... (303) 361–0488, (303)

361–0688 (fax).

CONNECTICUT

Hartford–06103, AA Ribicoff Building and

Courthouse, 459 Main Street, Room

509, App. Code—7D05030277.

Harriet B. Marple .................................... Sandra V. Majia (acting) ........ (860) 240–3919, (860)

240–3921 (fax).

FLORIDA

Bradenton—4205, 515 11th Street, West,

Building A, Room 300, App. Code—

7D05030244.

R. Kevin McHugh .................................... George A. Spreyne ................ (941) 749–1044, (941)

749–0992 (fax).

Miami—33130, 155 S. Miami Ave., Room

800, App. Code—7D05030217.

Teofilo Chapa, J. Daniel Dowell, Rex J.

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 TorrehBayouth, Ketih C. Williams.

Michael T. Ringstad ............... (305) 530–6455, (305)

530–7001 (fax).

Miami Federal Building, 51 S.W. First

Ave., Room 224, Miami, FL 33130.

Suzan C. Brauwerman Seymour R.

Kleinfeld, Roberto Moreno, William K.

Zimmer,.

................................................. (305), 530–6451, No fax.
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61385

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW—IMMIGRATION COURTS—Continued

State/City/App. Code Judges Court administrator Phone Nos.

Miami—33194, Krome North Processing

Center, 18201 S.W. 12th Street, App.

Code—7D05030231.

Neal S. Foster, Kenneth S. Hurewitz ..... George A. Spreyne ................ (305) 530–7196, (305)

530–7040 (fax).

GEORGIA

Atlanta—30303, 101 Marietta Street,

Suite 2702, App. Code—7D05030228.

William A. Cassidy, G. Mackenzie Rast John J. Topp .......................... (404) 331–7647, (404)

331–4555 (fax).

ILLINOIS

Chicago—60605–1521, Federal Building,

Room 646, 536 S. Clark Street, App.

Code—7D05030218.

O. John Brahos, Carlos Cuevas, James

R. Fujimoto, Anthony D. Petrone, Jr.,

Renetta Smith, Robert D. Vinikoor,

Craig M. Zerbe.

Peter P. Pauli, IV .................... (312) 353–7313, (312)

353–9894 (fax).

LOUISIANA

New Orleans—70130, One Canal Place,

365 Canal Street, Suite 2450.

Jeffrey Zlatow ......................................... Lizbeth L. Wilson .................... (504) 589–3992, (504)

589–3990 (fax).

Oakdale—71463, 1900 E. Whatley Road,

App. Code—7D05030230. Mailing Address: P.O. Box 750, Oakdale, LA

71463.

John A. Duck, Jr., Charles A. Wiegand,

III.

Lizbeth L. Wilson .................... (318) 335–0365, (318)

335–3187 (fax).

MARYLAND

Baltimore—21202, U.S. Appraisers Building, 103 S. Gay Street, Room 702,

App. Code—7D05030201.

Bruce M. Barrett, Lisa Dornell, John F.

Gossart, Jr., William P. Greene, Jr..

Brenda L. Cook ...................... (410) 962–3092, (410)

962–9021 (fax).

MASSACHUSETTS

Boston—02203, JFK Federal Building, 15

New Sudbury St., Room 320, App.

Code—7D05030202.

Billino W. D’Ambrosio, Eliza C. Klein,

Thomas M. Ragno, Leonard I. Shapiro, Patricia M.B. Sheppard.

Sandra V. Mejia (acting) ........ (617) 565–3080, (617)

565–4495 (fax).

MICHIGAN

Detroit—48207, Brewery Park II, 1155

Brewery Park Blvd., Suite 450, App.

Code—7D05030219.

Elizabeth Hacker ..................................... Sandra Roberts ...................... (313) 226–2603, (313)

226–3053 (fax).

NEVADA

Las Vegas—79101, Alan Bible Federal

Building, 600 Las Vegas Blvd. South,

Room 410, App. Code—7A05030240.

Irene Weiss ............................................. Jack B. Odom ......................... (702) 388–5837, (702)

388–5844 (fax).

NEW JERSEY

Elizabeth—625 Evans St., Rm. 148A,

App. Code—7D05030236.

Esmeralda Cabrera ................................. Fletcher Graves ...................... (201) 693–4113, (201)

645–4121 (fax).

Newark—07102, 970 Broad Street, Room

1135, App. Code—7D05030204.

Henry S. Dogin, Annie Sue Garcy, Nicole Yae Kyoung Kim, Daniel A.

Meisner, Eugene Pugliese, Alberto

Riefkohl, William Strasser.

Star B. Pacitto ........................ (201) 645–3524, (201)

645–3432 (fax).

NEW YORK

Buffalo—14202, 130 Delaware Ave.,

Suite 410 App. Code—7D05030203.

Walter A. Durling, Jr., Mchaelangelo

Rocco.

Gary M. Somerville ................. (716) 551–3442, (716)

551–3452 (fax).

Fishkill—12524, c/o Downstate Correctional Facility, Red Schoolhouse Road,

App. Code—7D05030206.

Mitchell Levinksky ................................... Thomas J. Bonita, III .............. (914) 831–3657, (914)

831–5452 (fax).

Napanoch—12458, Ulster Correctional

Facility, Berne Road, App. Code—

7D05030235.

Joe D. Miller ............................................ Thomas J. Bonita, III .............. (914) 647—5506, (914)

647–5641 (fax).

New York—10278, 26 Federal Plaza,

Room 10–1000, App. Code—

7D5030205.

Matthew T. Adrian, Terry A. Bain, Joanna 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.

John D. Hannah, Jr. ............... (212) 264,5958, (202)

264–1070 (fax).

New York—10014, 201 Varick Street,

Room 1140, App. Code—7D05030232..

Donn L. Livingston, Alan L. Page, Alan

A. Vomacka.

Thomas J. Bonita, III .............. (212) 620–6279, (212)

620–6357 (fax).

PENNSYLVANIA

Philadelphia—19103, 1600 Callowhill

Street, Suite 400, App. Code—

7D05030207.

Donald V. Ferlise, Craig DeBernardis .... R. Elliott Edwards ................... (215) 656–7000, (215)

656–7013 (fax).

York—17402, 3434 Concord Road, App.

Code—7D05030209.

William Van Wyke ................................... Brenda L. Cook ...................... (717) 755–7555, (717)

757–0132 (fax).
61386 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW—IMMIGRATION COURTS—Continued

State/City/App. Code Judges Court administrator Phone Nos.

PUERTO RICO

Guaynabo (San Juan)—00965, GSA

Center, 651 Federal Drive, Suite 111–

14, App. Code—7D05030208.

Rafael B. Ortiz-Segura ........................... George A. Spreyne ................ (787) 749–4386, (787)

749–4393 (fax).

TEXAS

Dallas—75202, 1200 Main Street, Suite

700, App. Code—7D05030211.

Edwin R. Hughes, D. Anthony Rogers,

Cary Copeland.

Barbara T. Baker .................... (214) 767–1814, (214)

767–6410 (fax).

El Paso—79925, 1545 Hawkins Boulevard, Suite 205, App. Code—

7D05030212.

Gary D. Burkholder, Penny M. Smith,

Bertha A. Zuniga.

Theresa N. Baeza .................. (915) 540–1910, (915)

540–1922 (fax).

El Paso—79925, El Paso Service Processing Center, 8915 Montana Avenue,

App. Code—7D05030212.

Visiting IJ ................................................ Theresa N. Baeza .................. (915) 540–7854, No fax.

Harlingen—78550, 201 E. Jackson

Street, App. Code—7D05030213.

Howard E. Achtsam, David Ayala, Margaret D. Burkhart, M. Edwin

Prudhomme.

Celeste Garza ........................ (210)427–8580, (210)

427–8905 (fax).

Los Fresnos—78566, Port Isabel Processing Center, Route 3, Box 341,

Building 37, App. Code—7D05030213.

Mailing Address: 201 E. Jackson St.,

Harlingen, TX 78550.

Visiting IJ ................................................ Celeste Garza ........................ (210) 233–4467, (210)

233–5318 (fax).

Houston—77004, 2320 La Branch Street,

Room 2235, App. Code—7D05030214.

Robert Brown, Clarease M. Rankin, Michael K. Suarez, Joseph Vail.Dina P. Sherman .................... (713) 718–3870, (713)

718–3879 (fax).

Houston—77032, Houston Service Processing Center, 15850 Export Plaza

Drive, App. Code—7D05030214.

Susan L. Yarbrough ................................ Dina P. Sherman .................... (713) 987–0290, (713)

987–3142 (fax).

Huntsville—77340, Goree INS Facility,

30000A Highway 75 South, App.

Code—7D05030232. Mailing Address:

P.O. Box 1538, Huntsville, TX 77342–

1538.

Jimmie L. Benton .................................... Dina P. Sherman .................... (409) 295–1353, (409)

295–6510 (fax).

Laredo—78041, 4702 E. Saunders, App.

Code—7D05030215. Mailing Address:

Laredo Service Processing Center,

P.O. Box 440110, Laredo, TX 78044–

0110.

Visiting IJ ................................................ J. Thomas Davis .................... (210) 727–4772, (210)

726–2320 (fax).

San Antonio-78205-2040, 615 E. Houston

Street, Room 598, App. Code7D05030215.

Richard F. Brodsky, Susan E. ConleyCastro, Glenn P. McPhaul.J. Thomas Davis .................... (210) 472–6637, (210)

472–4282 (fax).

VIRGINIA

Arlington-22203, 901 N. Stuart St., Suite

1300, App. Code-7D05030210.

John M. Bryant, Joan V. Churchill,

Christopher M. Grant, Wayne R.

Iskra, Paul A. Nejelski.

Beverly Swihart Holmes ......... (703) 235–2307, (703)

235–2372 (fax).

WASHINGTON

Seattle-98104, Key Tower Building, 1000

Second Avenue, Suite 2500, App.

Code-7D05030221.

Anna Ho, Kenneth Josephson, Kendall

B. Warrem.

Joseph Neifert ........................ (206) 553–5953, (206)

553–0622 (fax).

Seattle-98134, Seattle Det. Center, c/o

U.S. INS, 815 Airport Way, App. Code7D05030221.

Anna Ho, Kenneth Josephson, Kendall

B. Warren.

Joseph Neifert ........................ call Seattle office: (206)

553–5953, (206) 553–

0622 (fax).

BILLING CODE 4310–GG–M
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61387

BILLING CODE 4410–10–M
61388 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

• Please save this notice for your

records. Please enclose a copy if you

have to write us or a U.S. Consulate

about this case, or if you file another

application based on this decision.

• You will be notified separately

about any other applications or petitions

you have filed.

Additional Information

General

The filing of an application or petition

does not in itself allow a person to enter

the United States and does not confer

any other right or benefit.

Inquiries

You should contact the office listed

on the reverse of this notice if you have

questions about the notice, or questions

about the status of your application or

petition. We recommend you call.

However, if you write us, please enclose

a copy of this notice with your letter.

Approval of Nonimmigrant Petition

Approval of a nonimmigrant petition

means that the person for whom it was

filed has been found eligible for the

requested classification. If this notice

indicated we are notifying a U.S.

Consulate about the approval for the

purpose of visa issuance, and you or the

person you filed for have questions

about visa issuance, please contact the

appropriate U.S. Consulate directly.

Approval of an Immigrant Petition

Approval of an immigrant petition

does not convey any right or status. The

approved petition simply establishes a

basis upon which the person you filed

for can apply for an immigrant or

fiance(e) visa or for adjustment of status.

A person is not guaranteed issuance

of a visa or a grant of adjustment simply

because this petition is approved. Those

processes look at additional criteria.

If this notice indicates we have

approved the immigrant petition you

filed, and have forwarded it to the

Department of State Immigrant Visa

Processing Center, that office will

contact the person you filed the petition

for directly with information about visa

issuance.

In addition to the information on the

reverse of this notice, the instructions

for the petition you filed provide

additional information about processing

after approval of the petition.

For more information about whether a

person who is already in the U.S. can

apply for adjustment of status, please

see Form I–485, Application to Register

Permanent Residence or Adjust Status.

BILLING CODE 4410–10–M
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61389

BILLING CODE 4410–10–M
61390 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

• Please save this notice for your

records. Please enclose a copy if you

have to write us or a U.S. Consulate

about this case, or if you file another

application based on this decision.

• You will be notified separately

about any other applications or petitions

you have filed.

Additional Information

General

The filing of an application or petition

does not in itself allow a person to enter

the United States and does not confer

any other right or benefit.

Inquiries

You should contact the office listed

on the reverse of this notice if you have

questions about the notice, or questions

about the status of your application or

petition. We recommend you call.

However, if you write us, please enclose

a copy of this notice with your letter.

Approval of Nonimmigrant Petition

Approval of a nonimmigrant petition

means that the person for whom it was

filed has been found eligible for the

requested classification. If this notice

indicated we are notifying a U.S.

Consulate about the approval for the

purpose of visa issuance, and you or the

person you filed for have questions

about visa issuance, please contact the

appropriate U.S. Consulate directly.

Approval of an Immigrant Petition

Approval of an immigrant petition

does not convey any right or status. The

approved petition simply establishes a

basis upon which the person you filed

for can apply for an immigrant or

fiance(e) visa or for adjustment of status.

A person is not guaranteed issuance

of a visa or a grant of adjustment simply

because this petition is approved. Those

processes look at additional criteria.

If this notice indicates we have

approved the immigrant petition you

filed, and have forwarded it to the

Department of State Immigrant Visa

Processing Center, that office will

contact the person you filed the petition

for directly with information about visa

issuance.

In addition to the information on the

reverse of this notice, the instructions

for the petition you filed provide

additional information about processing

after approval of the petition.

For more information about whether a

person who is already in the U.S. can

apply for adjustment of status, please

see Form I–485, Application to Register

Permanent Residence or Adjust Status.

BILLING CODE 4410–10–M
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61391

BILLING CODE 4410–10–M
61392 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

• Please save this notice for your

records. Please enclose a copy if you

have to write us or a U.S. Consulate

about this case, or if you file another

application based on this decision.

• You will be notified separately

about any other applications or petitions

you have filed.

Additional Information

General

The filing of an application or petition

does not in itself allow a person to enter

the United States and does not confer

any other right or benefit.

Inquiries

You should contact the office listed

on the reverse of this notice if you have

questions about the notice, or questions

about the status of your application or

petition. We recommend you call.

However, if you write us, please enclose

a copy of this notice with your letter.

Approval of Nonimmigrant Petition

Approval of a nonimmigrant petition

means that the person for whom it was

filed has been found eligible for the

requested classification. If this notice

indicated we are notifying a U.S.

Consulate about the approval for the

purpose of visa issuance, and you or the

person you filed for have questions

about visa issuance, please contact the

appropriate U.S. Consulate directly.

Approval of an Immigrant Petition

Approval of an immigrant petition

does not convey any right or status. The

approved petition simply establishes a

basis upon which the person you filed

for can apply for an immigrant or

fiance(e) visa or for adjustment of status.

A person is not guaranteed issuance

of a visa or a grant of adjustment simply

because this petition is approved. Those

processes look at additional criteria.

If this notice indicates we have

approved the immigrant petition you

filed, and have forwarded it to the

Department of State Immigrant Visa

Processing Center, that office will

contact the person you filed the petition

for directly with information about visa

issuance.

In addition to the information on the

reverse of this notice, the instructions

for the petition you filed provide

additional information about processing

after approval of the petition.

For more information about whether a

person who is already in the U.S. can

apply for adjustment of status, please

see Form I–485, Application to Register

Permanent Residence or Adjust Status.

BILLING CODE 4410–10–M
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61393

BILLING CODE 4410–10–M
61394 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

• Please save this notice for your

records. Please enclose a copy if you

have to write us or a U.S. Consulate

about this case, or if you file another

application based on this decision.

• You will be notified separately

about any other applications or petitions

you have filed.

Additional Information

General

The filing of an application or petition

does not in itself allow a person to enter

the United States and does not confer

any other right or benefit.

Inquiries

You should contact the office listed

on the reverse of this notice if you have

questions about the notice, or questions

about the status of your application or

petition. We recommend you call.

However, if you write us, please enclose

a copy of this notice with your letter.

Approval of Nonimmigrant Petition

Approval of a nonimmigrant petition

means that the person for whom it was

filed has been found eligible for the

requested classification. If this notice

indicated we are notifying a U.S.

Consulate about the approval for the

purpose of visa issuance, and you or the

person you filed for have questions

about visa issuance, please contact the

appropriate U.S. Consulate directly.

Approval of an Immigrant Petition

Approval of an immigrant petition

does not convey any right or status. The

approved petition simply establishes a

basis upon which the person you filed

for can apply for an immigrant or

fiance(e) visa or for adjustment of status.

A person is not guaranteed issuance

of a visa or a grant of adjustment simply

because this petition is approved. Those

processes look at additional criteria.

If this notice indicates we have

approved the immigrant petition you

filed, and have forwarded it to the

Department of State Immigrant Visa

Processing Center, that office will

contact the person you filed the petition

for directly with information about visa

issuance.

In addition to the information on the

reverse of this notice, the instructions

for the petition you filed provide

additional information about processing

after approval of the petition.

For more information about whether a

person who is already in the U.S. can

apply for adjustment of status, please

see Form I–485, Application to Register

Permanent Residence or Adjust Status.

BILLING CODE 441–10–M
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61395

BILLING CODE 4410–10–M
61396 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

DISTRICT CODES

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, NY.

U NYS

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

DISTRICT CODES—Continued

Districts–36 Org type

*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 CODES—Continued

Districts–36 Org type

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
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61397

DISTRICT CODES—Continued

Districts–36 Org type

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

DISTRICT CODES—Continued

Districts–36 Org type

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

DISTRICT CODES—Continued

Districts–36 Org type

*Reno, NV .............................. SF REN

*Mariposa, AZ ........................ A MAP

*Eloy Proc. Cr., AZ ................. P EAZ

DISTRICT 31—Portland, OR

Astoria, AK ............................. SA AST

Coos Bay, OR ........................ A COO

New Port, OR ......................... P NPT

DISTRICT 32—Anchorage,

AK

Alcan, AK ............................... SA ALC

Dalton Cache, AK .................. SA DAC

Ketchikan, AK ......................... SA KET

Skagway, AK .......................... A SKA

*Dutch Harbor, AK ................. A DTH

Poker Creek, AK .................... A PKC

Nome, AK ............................... A NOM

Fairbanks, AK ......................... A FRB

DISTRICT 39—San Diego

Andrade, CA ........................... SA AND

Calexico, CA .......................... SA CAL

Calexico East Port ................. P IVP

El Centro Proc. Ctr., CA ........ P ECC

*San Diego Port-of-Entry, CA A SDP

*Otay Mesa, CA ..................... A OTM

*San Ysidro, CA ..................... SA SYS

*Tecata, CA ............................ SA TEC

BILLING CODE 4410–10–M
61398 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
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61400 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61401
61402 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61403
61404 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61405
61406 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61407
61408 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61409

BILLING CODE 4410–10–M
61410 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

Attachment 6—Interim Guidance—

Documentary Evidence for Excepted

Categories of Aliens Eligible for SSI,

Food Stamps, TANF, Medicaid, and

Programs Funded by a Social Services

Block Grant

Under Section 402 of the Personal

Responsibility and Work Opportunity

Reconciliation Act of 1996 (the ‘‘Act’’),

only certain excepted categories of

aliens remain eligible for SSI and Food

Stamps. States may also limit eligibility

for TANF, Medicaid and programs

funded by a Social Services Block Grant

to certain excepted categories of aliens.

Some of the excepted categories enjoy

unqualified exemptions from the

restrictions in section 402, while others

are exempted for limited time periods.

The exceptions for each program, and

the documents that may be used to

determine eligibility under these

exceptions, are set forth below.

Exceptions

A. SSI

Certain categories of aliens are

excepted from the restrictions on SSI

eligibility imposed by Section 402. If an

alien falls within one of the categories

listed below, he or she remains eligible

for SSI:

• Lawfully admitted permanent

resident aliens who have worked or can

be credited with 40 qualifying quarters

(any quarter after December 31, 1996

cannot be counted if the alien received

any federal means-tested public benefit

during that quarter);

• Qualified aliens lawfully residing in

any State who are honorably discharged

veterans and who fulfill minimum

active-duty service requirements, or

who are on non-training active duty in

the U.S. Armed Forces, or who are the

spouse, unmarried dependent child, or

unremarried surviving spouse of such a

veteran or active-duty personnel,

provided that, in the latter case, the

marriage satisfies the requirements of 38

U.S.C. 1304 (see DOD/VA Guidance

attached as Exhibit B hereto);

• Qualified aliens lawfully residing in

the United States who were receiving

SSI on August 22, 1996;

• Qualified aliens who were lawfully

residing in the United States on August

22, 1996, and who are blind or disabled;

• American Indians born in Canada

and to whom the provisions of section

289 of the INA apply;

• Members of an Indian tribe (as

defined in section 4(e) of the Indian

Self-Determination and Education

Assistance Act); or

• Qualified aliens receiving SSI

benefits after July 1996 on the basis of

an application filed before January 1,

1979, if the Commissioner of Social

Security lacks clear and convincing

evidence that such individuals are

otherwise ineligible under section 402.

Other categories of aliens remain

eligible for SSI for only a limited time

period:

• Asylees, for a period of seven years

after obtaining such status;

• Aliens whose deportation or

removal has been withheld, for a period

of seven years after obtaining such

status;

• Refugees, for a period of seven years

after the date they entered the U.S. as

refugees;

• Cuban/Haitian entrants, as defined

in section 501(c) of the Refugee

Education Assistance Act of 1980, for a

period of seven years after they obtain

such status; and

• Amerasian immigrants admitted to

the U.S. pursuant to section 584 of the

Foreign Operations, Export Financing,

and Related Programs Appropriations

Act of 1988, for a period of seven years

after their admission.

B. Medicaid

Regardless of whether a State chooses

to impose additional restrictions on the

eligibility of aliens to receive Medicaid,

the following categories of aliens are

eligible:

• Lawfully admitted permanent

resident aliens who have worked or can

be credited with 40 qualifying quarters

(any quarter after December 31, 1996

cannot be counted if the alien received

any federal means-tested public benefit

during that quarter);

• Qualified aliens lawfully residing in

any State who are honorably discharged

veterans and who fulfill minimum

active-duty service requirements, or

who are on non-training active duty in

the U.S. Armed Forces, or who are the

spouse, unmarried dependent child, or

unremarried surviving spouse of such a

veteran or active-duty personnel,

provided that, in the latter case, the

marriage satisfies the requirements of 38

U.S.C. 1304 (see DOD/VA Guidance

attached as Exhibit B hereto);

• American Indians born in Canada

and to whom the provisions of section

289 of the INA apply; and

• Members of an Indian tribe (as

defined in section 4(e) of the Indian

Self-Determination and Education Act).

Time-limited exceptions apply to the

following categories:

• Asylees, for a period of seven years

after obtaining such status;

• Aliens whose deportation or

removal has been withheld, for a period

of seven years after obtaining such

status;

• Refugees, for a period of seven years

after the date they entered the U.S. as

refugees;

• Cuban/Haitian entrants, as defined

in section 501(e) of the Refugee

Education Assistance Act of 1980, for a

period of seven years after they obtain

such status; and

• Amerasian immigrants admitted to

the U.S. pursuant to section 584 of the

Foreign Operations, Export Financing,

and Related Programs Appropriations

Act of 1988, for a period of seven years

after their admission.

Also, any alien receiving SSI benefits

retains derivative eligibility for

Medicaid, regardless of whether he or

she is otherwise ineligible for Medicaid

under the Act.

C. Food Stamps, TANF, and Social

Services Block Grant Programs

With respect to TANF and programs

funded by a Social Services Block Grant,

states have the option of limiting aliens’

eligibility for such programs. As an

initial matter, then, you should

determine whether your State has

imposed additional eligibility

requirements. Even if your State has

chosen to impose such restrictions, the

following categories of aliens would

remain eligible for Food Stamps, TANF,

and programs funded by a Social

Services Block Grant, without any time

limitation:

• Lawfully admitted permanent

resident aliens who have worked or can

be credited with 40 qualifying quarters

(any quarter after December 31, 1996

cannot be counted if the alien received

any federal means-tested public benefit

during that quarter); and

• Qualified aliens lawfully residing in

any State who are honorably discharged

veterans and who fulfill minimum

active-duty service requirements, or

who are on non-training active duty in

the U.S. Armed Forces, or who are the

spouse, unmarried dependent child, or

unremarried surviving spouse of such a

veteran or active-duty personnel,

provided that, in the latter case, the

marriage satisfies the requirements of 38

U.S.C. § 1304 (see DOD/VA Guidance

attached as Exhibit B hereto).

Time-limited exceptions apply to the

following categories:

• Asylees, for a period of five years

after obtaining such status;

• Aliens whose deportation of

removal has been withheld, for a period

of five years after obtaining such status;

• Refugees, for a period of five years

after the date they entered the U.S. as

refugees;

• Cuban/Haitian entrants, as defined

in section 501(e) of the Refugee

Education Assistant Act of 1980, for a
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61411

period of five years after they obtain

such status; and

• Amerasian immigrants admitted to

the U.S. pursuant to section 84 of the

Foreign Operations, Export Financing,

and Related Programs Appropriations

Act of 1988, for a period of five years

after their admission.

Unlike the derivative eligibility

provision for Medicaid, aliens receiving

SSI benefits for not entitled to derivative

eligibility for Food Stamps if they are

otherwise ineligible for Food Stamp

benefits under the Act.

Documentation of Exceptions

The documents listed below

(examples of which are attached to

Attachment 5 of the Interim Guidance)

establish that an applicant falls within

one of the excepted categories of aliens.

Under the INA, all aliens over the age

of 14 who remain in the United States

for longer than 30 days are required to

register with the Immigration and

Naturalization Service (the ‘‘INS’’) and

obtain an alien registration document;

all aliens over the age of 18 who receive

a registration document are required to

carry it with them at all times. With

certain exceptions (e.g., Canadian

visitors), aliens entering the U.S. are

normally issued a registration document

(e.g., an INS Form I–94) at the time of

entry. The documents listed below that

are registration documents are indicated

with an asterisk (‘‘*’’).

Each of the documents listed below

will demonstrate lawful status, and you

should not require presentation of a

registration document if the applicant

presents one for the other legally

acceptable documents that reasonably

appears on its face to be genuine and to

relate to the person presenting it.

However, if the document presented is

not a registration document and does

not on its face reasonably appear to be

genuine or to relate to the person

presenting it, it is appropriate to ask the

applicant to produce his or her

registration document as additional

evidence of immigration status, so long

as the request is not made for a

discriminatory reason (see

Nondiscrimination Advisory,

Attachment 2 to Interim Guidance).

Presentation of a registration document

listed below that reasonably appears on

its face to be genuine and to relate to the

person presenting it (or to satisfy a

higher applicable standard) will often

obviate the need to verify the

applicant’s immigration status with the

INS; if the applicant presents a

registration document that does not

meet this standard, sending the INS a

copy of the document will assist it in

verifying the applicant’s status quickly

and accurately.

Alien Lawfully Admitted for Permanent

Resident (‘‘LPR’’) under the INA Who

Has Worked or Can Be Credited With 40

Qualifying Quarters or Who is

Otherwise Eligible

LPR:

• *INS Form I–551 (Alien

Registration Receipt Card, commonly

known as a ‘‘green card’’); or

• Unexpired temporary I–551 stamp

in foreign passport or on *INS Form I–

94.

40 Qualifying Quarters: Until you

have access to SSA’s automated system

for verifying qualifying quarters, refer to

the SSA Guidance attached as Exhibit A

for guidance on how to verify 40

qualifying quarters. NOTE: Any quarter

after December 31, 1996, cannot be

counted if the alien received any federal

means-tested public benefit during that

quarter.

LPR Who is Otherwise Eligible: An

LPR who does not have 40 qualifying

quarters will still be eligible if he or she:

• entered the U.S. as a refugee within

the previous five years, was granted

asylum during the previous five years,

or had his or her deportation or removal

withheld within the previous five years:

If an applicant attests to having been

admitted as a refugee within the

previous five years, review the

applicant’s INS Form I–551 (green card)

for code RE–6, RE–7, RE–8 or RE–9, and

derive the date of admission from the

date on the card.

If an applicant attests to having been

granted asylum or having had

deportation or removal withheld within

the previous five years, file INS Form

G–845 and Supplement along with a

copy of the I–551 with the local INS

office to verify status.

or

• is an honorably discharged veteran

who fulfilled minimum active-duty

service requirements, or is a person on

none-training active duty or is the

spouse, dependent child, or

unremarried surviving spouse of such a

person:

Referer to DOD Guidance attached as

Exhibit B for guidance on how to verify

such status.

Qualified Alien Lawfully Residing in

State Who Is an Honorably Discharged

Veteran, On Non-Training Active Duty

in the U.S. Armed Forces, or the

Spouse, Unmarried Dependent Child, or

Unremarried Surviving Spouse of Such

a Veteran or Active-Duty Personnel

• Refer to Attachment 5 to the Interim

Guidance for documentation of

qualified alien status; and

• Refer to DOD/VA Guidance

attached as Exhibit B for guidance on

how to verify veteran and active duty

status.

Qualified Alien Lawfully Residing in

the U.S. Who Was Receiving SSI on

August 22, 1996.

• Contact SSA for guidance on

appropriate documentation.

Qualified Alien Lawfully Residing the

U.S. on August 22, 1996 Who Is Blind

or Disabled

• Contact SSA for guidance on

appropriate documentation.

Qualified Alien Receiving SSI Benefits

After July 1996 on the Basis of An

Application Filed Before January 1,

1979:

• Contact SSA for guidance on

appropriate documentation.

American Indians Born in Canada and

Covered By Section 289 of the INA

• *INS Form I–551 (Alien

Registration Receipt Card, commonly

known as a ‘‘green card’’) with the code

S13;

Unexpired temporary I–551 stamp in

Canadian passport or on *INS Form I–

94 with the code S13; or

• A letter or other tribal document

certifying at least 50 per centum

American Indian blood, as required by

INA Section 289, combined with a birth

certificate or other satisfactory evidence

of birth in Canada.

Members of an Indian Tribe

• Membership card or other tribal

document demonstrating membership

in a federally-recognized Indian tribe

under section 4(e) of the Indian SelfDetermination 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 federallyrecognized tribes under section 4(e).

• If the individual has no document

evidencing tribal membership, contact

the tribal government for confirmation

of the individual’s membership. Tribal

government contact lists are available

from Soo Song, Deputy Director, Office

of Tribal Justice, Department of Justice,

(202) 514–8812.

Asylee

• *INS Form I–94 annotated with

stamp showing grant of asylum under

§ 208 of the INA;

• *INS Form I–688B (Employment

Authorization Card) annotated

‘‘274a12(a)(5)’’;

• INS Form I–766 (Employment

Authorization Document) annotated

‘‘A5’’;
61412 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

• Grant letter from the Asylum Office

of INS; or

• Order of an immigration judge

granting asylum.

Seven or Five-Year Limit: Where

eligibility is limited to asylees who

obtained asylee status within the

previous seven or five years, INS Form

I–94, the INS grant letter and the court

order will each include the date asylee

status was granted; if the applicant

cannot provide any of these documents,

file INS Form G–845 and Supplement

along with a copy of the documents

indicating asylee status with the local

INS office to verify the date the status

was granted.

Refugee

• *INS Form I–94 annotated with

stamp showing admission under section

207 of the INA;

• INS Form I–688B (Employment

Authorization Card) annotated

‘‘274a12(a)(3)’’;

• *INS Form I–766 (Employment

Authorization Document) annotated

‘‘A3’’; or

• INS Form I–571 (Refugee Travel

Document).

Seven or Five-Year Limit: Where

eligibility is limited to aliens who were

admitted as refugees within the

previous seven or five years, the date of

inspection on the refugee stamp on INS

Form I–94 will indicate the date of

admission as a refugee; if the date is

missing or if the applicant cannot

present an I–94, file INS Form G–845

and Supplement along with a copy of

the pertinent documents with the local

INS office to verify the date of

admission as a refugee.

Alien Whose Deportation or Removal

Was Withheld

• *INS Form I–688B (Employment

Authorization Card) annotated

‘‘274a12(a)(10)’’;

• INS Form I–766 (Employment

Authorization Document) annotated

‘‘A10’’; or

• Order from an immigration judge

showing deportation withheld under

§ 243(h) of the INA as in effect prior to

April 1, 1997, or removal withheld

under § 241(b)(3) of the INA.

Seven or Five-Year Limited: Where

eligibility is limited to aliens whose

deportation was withheld within the

previous seven or five years, the court

order will include the date deportation

was withheld; if the applicant does not

present a court order, file INS Form G–

845 and Supplement along with a copy

of the pertinent documents with the

local INS office to verify the date

deportation was withheld.

Cuban/Haitian Entrants

• *INS Form I–551 (Alien

Registration Receipt Card, commonly

known as a ‘‘green card’’) with the code

CU6, CU7, and CH6;

• Unexpired temporary I–551 stamp

in foreign passport or on *INS Form I–

94 with the code CU6 or CU7; or

• INS Form *I–94 with stamp

showing parole as ‘‘Cuban/Haitian

Entrant’’ under Section 212(d)(5) of the

INA.

Seven or Five–Year Limit: Where

eligibility is limited to aliens who were

granted status as a Cuban/Haitian

entrant within the previous seven or

five years, the date on the INS Form I–

551 or the date of inspection on the

stamp on INS Form I–94 will indicate

the date status was granted; if the date

is missing on Form I–94, file INS Form

G–845 and Supplement along with a

copy of the pertinent documents with

the local INS office to verify the date

status was granted.

Amerasian Immigrants

• *INS Form I–551 (Alien

Registration Receipt Card, commonly

known as a ‘‘green card’’) with the code

AM6, AM7, or AM8; or

• Unexpired temporary I–551 stamp

in foreign passport or on *INS Form I–

94 with the code AM1, AM2, or AM3.

Seven or Five-Year Limit: Where

eligibility is limited to aliens who were

admitted as Amerasian immigrants

within the previous seven or five years,

the date on the INS Form I–551 or the

date of inspection on the stamp on INS

Form I–94 will indicate the date of

admission; if the date is missing on

Form I–94, file INS Form G–845 and

Supplement along with a copy of the

pertinent documents with the local INS

office to verify the date of admission.

Expired or Absent Documentation: If

an applicant presents expired

documents or is unable to present any

documentation evidencing his or her

immigration status, refer the applicant

to the local INS office to obtain

documentation of status. In unusual

cases involving applicants who are

hospitalized or medically disabled, or

who can otherwise show good cause for

their inability to present documentation,

and for whom securing such

documentation would constitute an

undue hardship, if the applicant can

provide an alien registration number,

you may file INS Form G–845 and

Supplement, along with the alien

registration number and a copy of any

expired INS document presented, with

the local INS office to verify status. As

with any documentation of immigration

status, you should confirm that the

status information you receive back

from INS pertains to the applicant

whose identity you have verified.

Receipt for Replacement Document: If

an applicant presents a receipt

indicating that he or she has applied to

the INS for a replacement document for

one of the documents identified above,

file INS Form G–845 and Supplement,

along with a copy of the receipt and a

copy of any expired INS document

presented, with the local INS office to

verify status. Upon return receipt of

information from INS, confirm that it

pertains to the applicant whose identify

you have verified. You should ask to see

the replacement document at a later

date.

Applicants with Disabilities and

Nondiscrimination: If an applicant has a

disability that limits the applicant’s

ability to provide the required evidence

of immigration status (e.g., mental

retardation, amnesia, or other cognitive

or mental impairment), you should

make every effort to assist the

individual to obtain the required

evidence. In addition, you should not

discriminate against applicants on the

basis of race, national origin, gender,

religion, age or disability. See

Nondiscrimination Advisory,

Attachment 2 to Interim Guidance.

Local INS Offices: A list of local INS

offices and their addresses is set forth in

Attachment 1 to the Interim Guidance.

Attachment 1 also includes a copy of

INS Form G–845 and the Supplement

thereto to be used to verify immigration

status pursuant to the Guidance.

EXHIBIT A TO ATTACHMENT 6—SSA

GUIDANCE ON CERTIFICATION OF 40

QUALIFYING QUARTERS

Section 402 of the Personal Responsibility

and Work Opportunity Reconciliation Act of

1996 (‘‘the Act’’) generally limits the

eligibility of legal immigrants for certain

federal public benefits, but sections

402(a)(2)(B) and (b)(2)(B) provide an

exception for aliens lawfully admitted for

permanent residence who have worked or

can be credited with 40 quarters of qualified

work. The law provides that the worker’s

own quarters and quarters worked by a

parent while the alien was under age 18 or

by a spouse during the marriage if the alien

remains married to the spouse or the

marriage ended by the death of the spouse

may also be credited to the individual in

determining the number of qualifying

quarters.

Implementing this requirement will be

challenging for the individual immigrants,

program administrators, and the Social

Security Administration (‘‘SSA’’), which is

the primary source of qualifying quarters

information. SSA has developed an

automated system to provide, on an

overnight basis, information on qualifying

quarters for work covered under the Social

Security Act and certain, but not all, work
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61413

not covered under the Social Security Act.

Verification of quarters of coverage for most

applicants and current recipients will be

accomplished primarily through this

automated system.

SSA’s automated system is being revised to

include additional available information on

qualifying quarters from noncovered work.

The following interim procedures for

determining whether the 40 quarters of

qualified work exception is met should be

followed until you have access to the SSA

automated system. This interim process

authorizes certification of eligibility pending

verification through the automated system.

(This guidance does not supersede program

requirements; programs should refer to

statutes, regulations, and agency guidance

governing certification of eligibility.)

Under these interim procedures, the

individual’s attestation to 40 quarters is

sufficient provided the immigrant, alone or

in combination with his parents and/or

spouse, has spent sufficient time in this

country to have acquired 40 quarters of

qualified work. The individual need only

state that he or she, alone or in combination

with his or her parents and/or spouse, has

met the work requirement. No further

documentation of earnings is required at

application. These interim procedures should

be used when the legal immigrant does not

qualify under other exemptions of the Act

(e.g., refugees, asylees, or deportees with five

years of limited eligibility, or applicants with

a claim to eligibility based on military

service).

Although the automated system is now

available, each state must approve an

addendum to the current Computer Matching

and Privacy Protection Act agreement they

maintain with SSA before access to the

system can be approved. When you sign the

agreement, SSA will provide further

guidance defining covered/noncovered

qualifying quarters, how to use the system

when making determinations, and how to

resolve problems arising from discrepancies.

After the agreement addendum is signed

and access to the system approved, you

should contact SSA to schedule a quarters of

coverage verification for each individual you

conclude has met the 40 quarters exemption

using these interim instructions. SSA will

report back a qualifying quarters of coverage

history for each individual and applicable

family member requested. SSA will provide

additional guidance and the name of the

contact for scheduling verification.

Interim Procedures

To determine eligibility based on 40

qualifying quarters, the State agency/benefit

provider should ascertain the applicant’s

understanding as to the following:

1. How many years has the applicant, the

applicant’s spouse (during their marriage if

they are still married or the marriage ended

by the death of the spouse), or the applicant’s

parents (before the applicant turned 18) lived

and/or worked in this country.

(If the answer to 1 is a total of less than

10 years, the applicant cannot meet the 40

qualifying quarter requirement. Stop at this

point.)

(If the total equals 10 years or the applicant

alleges they commuted to work in the U.S.,

then proceed to question 2.)

2. In how many of the years reported in

answer to question 1, did the applicant, the

applicant’s spouse, or the applicant’s parent

earn money through work.

(If the state agency/benefit provider or the

applicant needs further information about

what constitutes a ‘‘quarter of coverage’’ in

those years, they may wish to refer to the

attached chart.)

Verify, from INS documents, the date of

entry into the country of the applicant,

spouse and/or parent. If the dates are

consistent with having 10 or more years of

work, no further documentation is required

at this time; the state agency/benefit provider

should conclude that the immigrant meets

the 40 qualifying quarters of work exception

pending verification from SSA. Inform the

applicant (subject to each program’s

requirements and due process

considerations) that he/she may have to

repay any benefits to which he/she is not

found to be entitled after verification. Keep

a record of each individual certified pending

verification from SSA.

If the dates of entry are inconsistent with

having 10 or more years of work, deny

benefits and notify the applicant of his/her

right to appeal the denial of benefits.

The applicant shall also provide, for

purposes of future verification, the full name,

social security number, date of birth, and sex

of each individual (self, parent or spouse)

whose work history is relevant to the

determination of eligibility. In addition,

obtain a release form signed by each such

individual (copy attached) giving SSA

permission to release information concerning

that individual’s entire quarters of coverage

history to the state agency/benefit provider

and/or the applicant. This form shall be

retained in the case file to document the

individual’s consent.

As noted earlier, these are temporary

instructions and you should schedule

verification of all cases processed under

these guidelines with SSA. In its response,

SSA will provide available information about

qualifying quarters of work. Consult the SSA

guidelines for using the system if the

immigrant believes the information from SSA

is inaccurate or incomplete. If SSA action is

required, SSA will give the individual a

document indicating that the number of

quarters is under review. Refer to the

requirements of your program to determine

whether an immigrant may receive benefits

during the period of SSA’s review.

Establishing Qualifying Quarters

The term ‘‘quarter’’ means the three

calendar month period ending on March 31,

June 30, September 30, or December 31 of

any year.

Social Security credits called ‘‘quarters of

coverage’’ (‘‘QCs’’) are earned by working at

a job or as a self-employed individual. Each

earner can be credited with a maximum of

four quarters each year.

For 1978 and later, credits are based solely

on the total yearly amount of earnings. All

types of earnings follow this rule. The

number of creditable QCs are obtained by

dividing the individual’s total yearly earned

income by the increment amount for the year

up to a yearly maximum of four. The amount

of earnings needed to earn a credit increases

and is different for each year. For 1978

through 1997, the amount of earnings needed

for each credit is:

1978 ...........................................................$250

1979 ...........................................................$260

1980 ...........................................................$290

1981 ...........................................................$310

1982 ...........................................................$340

1983 ...........................................................$370

1984 ...........................................................$390

1985 ...........................................................$410

1986 ...........................................................$440

1987 ...........................................................$460

1988 ...........................................................$470

1989 ...........................................................$500

1990 ...........................................................$520

1991 ...........................................................$540

1992 ...........................................................$570

1993 ...........................................................$590

1994 ...........................................................$620

1995 ...........................................................$630

1996 ...........................................................$640

1997 ...........................................................$670

A current year quarter may be included in

the 40 quarter computation. Use the yearly

amount shown in the chart as the divisor to

determine the number of quarters available

up to a yearly maximum of four. FOLLOW

YOUR AGENCY GUIDELINES REGARDING

COUNTING A QUARTER THAT HAS NOT

ENDED.

If you need to use quarters before 1978:

• A credit was earned for each calendar

quarter in which an individual was paid $50

or more in wages (including agricultural

wages for 1951–1954);

• Four credits were earned for each taxable

year in which an individual’s net earnings

from self-employment were $400 or more;

and/or

• A credit was earned for each $100 (limit

to a total of four) of agricultural wages paid

during the year for years 1955 through 1977.

QUALIFYING QUARTER FROM

NONCOVERED EARNINGS WILL ALSO BE

DETERMINED USING THE ABOVE

GUIDELINES.

EXHIBIT B TO ATTACHMENT 6—DOD

GUIDANCE ON IMPLEMENTATION OF

VETERAN AND ACTIVE DUTY EXCEPTION

This fact sheet provides guidance for

implementing certain sections of the Personal

Responsibility and Work Opportunity

Reconciliation Act of 1996 (‘‘the Act’’)

concerning exemptions for active duty

service members and veterans and their

family members. The Act limits the eligibility

of certain aliens to receive public benefits.

Under various provisions of the Act, a

qualified alien who is lawfully residing in a

state and is (1) a veteran (per 38 U.S.C.

101(2), 107, 1101, or 1301) with an

Honorable Discharge (not on account of

alienage) and who fulfills the minimum

active-duty service requirements of 38 U.S.C.

5303A(d); (2) on active duty (other than

active duty for training) in the United States

Armed Forces; or (3) a spouse, unmarried

dependent child, or unremarried surviving

spouse of such an individual, is eligible for

particular programs.
61414 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

Honorably Discharged Veterans

• A discharge certificate, DD Form 214 or

equivalent, that shows active duty in the

Army, Navy, Air Force, Marine Corps, or

Coast Guard and character of discharge

‘‘Honorable’’ is acceptable to qualify for the

veteran exemption without further inquiry,

unless the certificate appears to have been

altered or is otherwise irregular. A discharge

certificate that shows character of discharge

as anything but ‘‘Honorable’’ is not

acceptable for purposes of this exemption

and need not be referred to the VA. (Note: A

character of discharge ‘‘Under Honorable

Conditions’’ is NOT an ‘‘Honorable’’

discharge for these purposes.) A discharge

certificate that shows ‘‘Honorable’’ and any

other branch of service or any other type of

duty (e.g., ‘‘Active Duty for Training,’’

‘‘Inactive Duty for Training,’’ etc.) should be

referred to the local VA regional office for

determination as to veteran status.

• If veteran status is claimed but the

individual has no papers showing service or

discharge, refer the inquiry to the local VA

regional office to determine veteran status.

• If a discharge certificate, DD Form 214 or

equivalent, shows an original enlistment in

the Army, Navy, Air Force, Coast Guard, or

Maine Corps before September 7, 1980, there

is no minimum active-duty service

requirement. If a discharge certificate, DD

Form 214 or equivalent, shows two or more

years of continuous active duty in the Army,

Navy, Air Force, Coast Guard, or Marine

Corps, the individual meets the minimum

active-duty service requirement. If such a

discharge certificate is not available, or if it

shows active-duty service of less than two

years with an original enlistment after

September 7, 1980, refer the inquiry to the

local VA regional office to determine

satisfaction of the minimum active-duty

service requirement.

• Applications for exemption based on

status as a spouse, unmarried dependent

child, or unremarried surviving spouse of an

honorably discharged veteran require a

determination of the veteran’s status and a

determination that the applicant is a spouse

or child. Status of the veteran may be

established by possession of a discharge

certificate showing an ‘‘Honorable’’

discharge. If the applicant is not in

possession of a discharge certificate, refer the

question of veteran status to the VA for a

determination. The determination as to

whether the individual is a spouse or an

unmarried dependent child should be made

based on your agency guidance for marital

and dependency status. VA will not make

spousal or dependency findings in these

cases.

• Applications for exception based on

status as an unremarried surviving spouse of

a veteran or active-duty personnel further

require the following findings (set forth in 38

U.S.C. 1304), in addition to a determination

that the surviving spouse has not remarried:

—that the surviving spouse was married to

the veteran or active-duty personnel within

fifteen years after the termination of the

period of service in which the injury or

disease causing the death of the veteran

was incurred or aggravated;

—that the surviving spouse was married to

the veteran or active-duty personnel for

one year or more; or

—that a child was born of the relationship

between the surviving spouse and the

veteran or active-duty personnel, either

during or before the marriage.

Members on Active Duty

• Active duty as a member of the Armed

Forces means the individual is on full time

duty in the U.S. Army, Navy, Air Force,

Marine Corps, or Coast Guard. It does not

include full-time National Guard duty.

• Service members on active duty shall

establish their status by presenting a current

Military Identification Card (DD Form 2

(Active)) that lists an expiration date of more

than one year from the date of determination.

• If the Military Identification Card is due

to expire within one year from the date of the

determination, the service member shall

verify active duty by showing a copy of his

or her current military orders. If the service

member is unable to furnish a copy of his or

her military orders, active duty may be

verified through the nearest RAPIDS (Real

Time Automated Personnel Identification

System) (located at many military

installations) or by notifying the following

office in writing (which can be transmitted

by facsimile): DEERS Support Office, ATTN:

Research and Analysis, 400 Gigling Road,

Seaside, California 93955–6771, Fax Number:

(408) 655–8317.

Reserve Members (not on active duty for

training)

• Active duty for training is temporary

full-time duty in the Armed Forces

performed by members of the Reserves, Army

National Guard, or Air National Guard for

training purposes. Active duty for training

does not establish eligible status. However, a

discharge from active duty for training may

establish veteran status and should be

referred to VA for a determination.

• A Member of a Reserve Component shall

establish status by showing a current DD

Form 2 (Reserve) [red] and military active

duty orders showing such person is on active

duty, but not on active duty for training. No

other method for verifying this status is

currently available.

Spouse, Children, or Unremarried Surviving

Spouse of Active Duty Members or Veterans

Step 1. Establish that the individual is a

spouse, dependent child, or unremarried

surviving spouse of an active duty member

or veteran.

• The determination as to whether an

individual is a spouse of an active duty

member or veteran should be made based on

your agency guidance. Possession of a

current Military Identification Card showing

that the individual is married to a veteran or

active duty member may be considered as

evidence of marriage to the member.

• The determination as to whether an

individual is an unremarried surviving

spouse of an active-duty member or veteran

should be made based on agency guidance,

in accordance with the following

requirements (set forth in 38 U.S.C. § 1304),

in addition to a determination that the

surviving spouse has not remarried:

—the surviving spouse was married to the

veteran or active-duty personnel within

fifteen years after the termination of the

period of service in which the injury or

disease causing the death of the veteran

was incurred or aggravated;

—the surviving spouse was married to the

veteran or active-duty personnel for one

year or more; or

—that a child was born of the relationship

between the surviving spouse and the

veteran or active-duty personnel, either

during or before the marriage.

• The determination as to whether an

individual is an unmarried legally adopted or

biological dependent child of an honorably

discharged veteran or active duty member of

the Armed Forces should be made based on

your agency guidance. Possession of a

Military Identification Card may be

considered as evidence that a child is

dependent on the veteran or on the active

duty member of the Armed Forces for his or

her support and is under the age of 18 or if

a full time student, under age 22.

Step 2. Determine that the member is on

active duty or is a veteran.

• A spouse or child in possession of a

Military Identification Card with an

expiration date of more than one year from

the date of its presentation presumptively

meets the active duty requirement for his or

her spouse or parent respectively.

• If the Identification Card is due to expire

within one year, the spouse or child must

provide a copy of the military orders for his

or her spouse or parent as applicable to

establish the active duty status of the service

member. If married to a reserve member or

if an unmarried child of a reserve member,

the orders must show that the service

member is on active duty and not on active

duty for training.

• For dependents not possessing military

orders but possessing an Identification Card

with an expiration date less than one year

from the date of presentation, active duty

status can be verified by contacting RAPIDS

or the DEERS Support Office.

• If a dependent child does not possess a

Dependent Military Identification Card,

status may be ascertained through the nearest

RAPIDS station or by contacting the DEERS

Office at the address provided above.

• A spouse or child showing a discharge

certificate, DD Form 214 or equivalent, that

shows active duty in the Army, Navy, Air

Force, Marine Corps or Coast Guard and

character of discharge ‘‘Honorable’’ is

acceptable to establish the veteran status of

his or her spouse or parent respectively

without further inquiry, unless the certificate

appears to be altered or irregular. If veteran

status is claimed, but the spouse or child

does not have papers showing service or

discharge, refer the inquiring to the local VA

regional office for determination.

Attachment 7—Interim Guidance;

Federal Means-Tested Public Benefits

The Personal Responsibility and Work

Opportunity Reconciliation Act of 1996

(the ‘‘Act’’) provides that qualified

aliens entering the United States on or

after August 22, 1996, are ineligible for
Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices 61415

federal means-tested public benefits

during the first five years they are

qualified aliens, unless they fall within

a specific exception. (With limited

exceptions, non-qualified aliens are

ineligible for such benefits regardless of

when they entered the United States.)

All qualified aliens are eligible for

federal means-tested public benefits

after the expiration of such five-year

period, unless the State in which the

alien seeks benefits has imposed

additional restrictions on eligibility.

The Department of Health and Human

Services and the Social Security

Administration have interpreted the

limitations on eligibility for federal

means-tested public benefits to apply

only to mandatory spending programs of

the federal government in which

eligibility for benefits, or the amount of

such benefits, or both, are determined

on the basis of income, resources, or

financial need of the individual,

household, or family. See 62 FR 45,256

(August 26, 1997); 62 FR 45,284 (August

26, 1997). Under the HHS and SSA

interpretations, TANF, Medicaid, and

SSI are federal means-tested public

benefits that are not otherwise exempted

under the Act. You should consult with

the appropriate federal agency

overseeing the benefit program you

administer to determine whether the

program is a federal means-tested public

benefit program.

The eligibility of qualified aliens for

federal means-tested public benefits

turns on whether they entered the U.S.

before August 22, 1996, the number of

years since they obtained qualified alien

status, their particular immigration

status, and the specific benefits they are

seeking.

1. Determine whether the qualified

alien entered the United States before

August 22, 1996, by reviewing the

documents evidencing his or her

immigration status or, if the documents

do not indicate whether the alien

entered before August 22, 1996, by

reviewing additional documentation

pursuant to guidance provided by the

agency or department overseeing your

program. Further determine whether the

qualified alien obtained qualified alien

status prior to August 22, 1996. See

Attachment 6 for a list of documents

evidencing qualified alien status and

guidance on how to derive relevant

dates from those documents. In addition

to the documents listed in Attachment

6, an alien who was in the United States

before August 22, 1996, in a

nonimmigrant or other lawful status, but

who subsequently obtained qualified

alien status, may present INS Form I–94,

which is stamped with the date of entry,

to demonstrate entry prior to August 22,

1996.

• If the applicant entered the United

States before August 22, 1996, and

obtained qualified alien status before

that date, he or she is eligible for all

federal means-tested public benefits for

which he or she satisfies all

programmatic eligibility requirements.

You should not engage in any further

verification of immigration status for

these persons.

• If the applicant entered the United

States before August 22, 1996, but

obtained qualified alien status after that

date, you must verify that the alien was

continuously present in the United

States from the latest date of entry prior

to August 22, 1996, until the date he or

she obtained qualified alien status. In

general, any single absence from the

United States of more than 30 days, or

a total of aggregated absences of more

than 90 days, should be considered to

interrupt ‘‘continuous presence.’’ To

verify continuous presence, you should

follow guidance provided by the agency

or department overseeing your program,

which may call for an applicant to

present additional documentation such

as tax returns, bills, rent receipts, or a

letter from an employer. If the applicant

can demonstrate continuous presence,

he or she is eligible for all federal

means-tested public benefits for which

he or she satisfies all programmatic

eligibility requirements.

• If the applicant entered the United

States before August 22, 1996, and

obtained qualified alien status after that

date but was not continuously present

in the United States from the latest date

of entry prior to August 22, 1996, until

obtaining such status, determine if he or

she is eligible under Paragraphs 2 and

3 below.

• If the applicant entered the United

States on or after August 22, 1996, and

is a qualified alien, determine if he or

she is eligible under Paragraphs 2 and

3 below.

2. With certain exceptions listed

below, an applicant who entered the

United States on or after August 22,

1996, and has attained qualified alien

status, or who entered the United States

before August 22, 1996, and obtained

qualified alien status after that date but

did not remain continuously present in

the United States from the latest date of

entry prior to August 22, 1996, until

obtaining such status, is ineligible for all

federal means-tested public benefits

during the first five years after he or she

obtained qualified alien status. Thus,

unless the applicant falls within one of

the excepted categories listed below,

such an applicant is only eligible for

federal means-tested public benefits for

which he or she satisfies all

programmatic eligibility requirements if

five years have passed from the date the

applicant attained qualified alien status.

Determine the date on which the

applicant attained qualified alien status

by reviewing the documents evidencing

his or her status or, if the documents do

not indicate the date he or she obtained

such status, by filing INS Form G–845

and Supplement along with a copy of

the document with the local INS office.

As noted above, the following

categories of aliens are exempt from this

five-year ban:

a. Refugees, asylees and aliens whose

deportation or removal has been

withheld—see Attachment 5 to Interim

Guidance for definition and

documentation;

b. Qualified aliens lawfully residing

in any state who are honorably

discharged veterans and who fulfill

minimum active-duty service

requirements, or who are on nontraining 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 SelfDetermination and Education

Assistance Act).

3. Under the terms of the Act, the fiveyear ban does not apply to the following

benefits or assistance:

• Medical assistance under Title XIX

of the Social Security Act (or any

successor program to such Title) for care

and services that are necessary for the

treatment of an emergency medical

condition (as defined in § 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
61416 Federal Register / Vol. 62, No. 221 / Monday, November 17, 1997 / Notices

Title XVI of such Act, or a state

supplementary payment);

• Short-term, non-cash, in-kind

emergency disaster relief;

• Assistance or benefits under the

National School Lunch Act;

• Assistance or benefits under the

Child Nutrition Act of 1966;

• Public health assistance (not

including any assistance under Title

XIX of the Social Security Act) for

immunizations with respect to

immunizable diseases and for testing

and treatment of symptoms of

communicable diseases whether or not

such symptoms are caused by a

communicable disease;

• Payments for foster care and

adoption assistance under parts B and E

of Title IV of the Social Security Act for

a parent or child who would, in the

absence of the Act’s prohibition on

payment of federal means-tested public

benefits to qualified aliens during the

first five years after entry into the U.S.

with qualified alien status, be eligible to

have such payments made on the child’s

behalf under such part, but only if the

foster or adoptive parent(s) of such child

is a qualified alien;

• Benefits covered by Attorney

General Order No. 2049, 61 F.R. 45985

(Aug. 30, 1996), re: government-funded

community programs, services or

assistance that are necessary for

protection of life or safety;

• Programs of student assistance

under Titles IV, V, IX, and X of the

Higher Education Act of 1965, and

Titles III, VII, and VIII of the Public

Health Service Act;

• Means-tested programs under the

Elementary and Secondary Education

Act of 1965;

• Benefits under the Head Start Act;

and

• Benefits under the Job Training

Partnership Act.

[FR Doc. 97–29851 Filed 11–14–97; 8:45 am]

BILLING CODE 4410–10–M

DEPARTMENT OF JUSTICE

Immigration and Naturalization Service

Agency Information Collection

Activities: Proposed Collection;

Comment Request

ACTION: Revision of existing collection;

generic clearance of customer service

surveys.

Office of Management and Budget

approval is being sought for the

information collection listed below.

This proposed collection was previously

published in the Federal Register on

September 2, 1997, at 62 FR 46375,

allowing for a 60-day public comment

period. No comments were received by

the Immigration and Naturalization

Service.

The purpose of this notice is to allow

an additional 30 days for public

comments. Comments are encouraged

and will be accepted until December 17,

1997. This process is conducted in

accordance with 5 CFR 1320.10.

Written comments and/or suggestions

regarding the item contained in this

notice, especially regarding the

estimated public burden and associated

response time, should be directed to the

Office of Management and Budget,

Office of Regulatory Affairs, Attention:

Department of Justice Desk Officer,

Washington, DC 20530.

Written comments and suggestions

from the public and affected agencies

concerning the proposed collection of

information should address one or more

of the following four points:

(1) Evaluate whether the proposed

collection of information is necessary

for the proper performance of the

functions of the agency, including

whether the information will have

practical utility;

(2) Evaluate the accuracy of the

agencies estimate of the burden of the

proposed collection of information,

including the validity of the

methodology and assumptions used;

(3) Enhance the quality, utility, and

clarity of the information to be

collected; and

(4) Minimize the burden of the

collection of information on those who

are to respond, including through the

use of appropriate automated,

electronic, mechanical, or other

technological collection techniques or

other forms of information technology,

e.g., permitting electronic submission of

responses.

Overview of this information

collection: (1) Type of Information

Collection: Revision of currently

approved information collection.

(2) Title of the Form/Collection:

Generic Clearance of Customer Service

Surveys.

(3) Agency form number, if any, and

the applicable component of the

Department of Justice sponsoring the

collection: No agency form number.

Office of Policy and Planning,

Immigration and Naturalization Service.

(4) Affected public who will be asked

or required to respond, as well as a brief

abstract: Primary: Individuals and

Households. This information will be

used to access individual and agency

needs, identify problems, and plan for

programmatic improvements in the

delivery of immigration services.

(5) An estimate of the total number of

respondents and the amount of time

estimated for an average respondent to

respond: 150,000 responses at 30

minutes (.5) hours per response.

(6) An estimate of the total public

burden (in hours) associated with the

collection: 75,000 annual burden hours.

If you have additional comments,

suggestions, or need a copy of the

proposed information collection

instrument with instructions, or

additional information, please contact

Richard A. Sloan 202–514–3291,

Director, Policy Directives and

Instructions Branch, Immigration and

Naturalization Service, U.S. Department

of Justice, Room 5307, 425 I Street, NW.,

Washington, DC 20536. Additionally,

comments may be submitted to INS via

facsimile to (202) 305–0143.

If additional information is required

contact: Mr. Robert B. Briggs, Clearance

Officer, United States Department of

Justice, Information Management and

Security Staff, Justice Management

Division, Suite 850, Washington Center

1001 G Street, NW, Washington, DC

20530.

Dated: November 11, 1997.

Robert B. Briggs,

Department Clearance Officer, United States

Department of Justice.

[FR Doc. 97–30091 Filed 11–14–97; 8:45 am]

BILLING CODE 4410–18–M

MEDICARE PAYMENT ADVISORY

COMMISSION

Commission Meeting

AGENCY: Medicare Payment Advisory

Commission.

ACTION: Notice of meeting.

SUMMARY: The Commission will hold its

next public meeting on Monday,

November 24, 1997 and Tuesday,

November 25, 1997, at the Sheraton City

Centre, 1143 New Hampshire Avenue,

NW, Washington, D.C., in the New

Hampshire I and II room. The meetings

are tentatively scheduled to begin at

9:00 a.m. on November 24 and at 9:00

a.m. on November 25.

Among the topics the Commission

will discuss are: patient classification

systems for post acute care payment,

urban critical access hospitals,

disproportionate share payment policy,

risk adjustment, adjusted community

rate, quality of care, impact of the

Balanced Budget Act on acute care

hospitals, payment policy options

affecting Medicare+Choice, other policy

issues concerning Medicare+Choice,

outpatient hospital payment policy, and