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When an immigrant applicant has only expired USCIS documentation or
claims a lawful immigration status, but has lost his/her immigration
documentation, local districts should follow the appropriate
procedure outlined below:
•
Lost Immigration Documentation
Immigrants claiming a lawful immigration status and who have lost
their immigration documentation should be referred to the USCIS for
replacement documentation. Local districts need some verification
from USCIS of an immigrant’s lawful presence in order to make a
determination of the immigrant’s eligibility for benefits.
•
Expired Immigration Documentation
a.) Permanent Resident Card
The most common USCIS document used to prove lawful permanent
resident status (LPR) is the Permanent Resident Card (I-551).
Commonly called the “Green Card”, an I-551 expires after 10
years. USCIS began implementing a 10-year expiration period in
1989 to allow the agency to update photo identification and
implement new card technologies that will increase the card’s
resistance to counterfeiting and tampering. Immigrants do not
lose permanent resident status because their Green Card has
expired. However, they are required by law to carry evidence of
their immigration status, such as a valid Green Card or some
other temporary proof of status provided by USCIS, while a Green
Card renewal is being processed.
If the only immigration document an immigrant has is an expired
Green Card, local districts can use it to determine the
immigrant’s eligibility for benefits.
Many immigrants do not renew their Green Cards because of the
processing fee. A fee is imposed because federal guidelines
require the processing of immigration benefits to be self-
supported by filing fees.
USCIS does have discretion to waive any fee, if the applicant
establishes that he/she is unable to pay the fee.
Information
on how an applicant can apply for a fee waiver is found on the
USCIS Web site at:
http://uscis.gov
b.) Foreign Passport with a Form I-551 Stamp
It often takes many months for immigrants to actually receive
their Green Cards. While they are waiting for their card, USCIS
can provide temporary evidence of permanent residence by
stamping an immigrant’s passport with an I-551 stamp.
Immigrants’ passports can also have an I-551 stamp for Green
Card renewals. If the I-551 stamp has expired and the immigrant
has no other immigration documents, districts can use the
expired I-551 stamp to determine an immigrant’s eligibility for
benefits.
Date: October 26, 2004
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c.) Form I-94 Arrival/Departure Record
The I-94 record is created by USCIS when an immigrant is
inspected upon arrival in the United States. The I-94 is a 3” X
5” card that the inspector endorses with the date, place of
arrival and the class of admission. The card is stamped or
handwritten with a notation that indicates the immigration
category or the section of immigration law under which the
person is granted admission. The words “Employment Authorized”
may also be stamped on the card. Only immigrants with an
Arrival/Departure Record (I-94) that has specific satisfactory
immigration status notations would be eligible for benefits.
Districts need to carefully note the admitting status on the I-
94 and use the Desk Guide “KEY to I-94 Arrival Departure Record”
(Attachment D-4) to determine an immigrant’s eligibility for
benefits.
d.) Form I-668B or I-766 Employment Authorization Documents (EAD)
These documents indicate that an immigrant or non-immigrant is
authorized to work in the U.S. Many qualified immigrants are not
automatically authorized to work in the U.S. by virtue of their
immigration status. Both these forms indicate an individual’s
immigration status. If the only documentation an immigrant has
is an expired EAD, districts may use it to determine the
immigrant’s eligibility for benefits. EADs are also issued to
temporary residents who are non-immigrants and are eligible only
for the treatment of an emergency medical condition. The
immigrant’s immigration status on the EAD must be checked
against USCIS immigration statuses on the Desk Guide “Key to I-
766, I-688B Employment Authorization Document (EAD)” (Attachment
D-3) to determine benefits for which the immigrant may be
eligible.
Any time a district must use expired immigration documents for a
determination of an immigrant’s eligibility the district needs
to:
•
Verify the immigrant’s status by sending a G-845
(Documentation Verification Request) to USCIS. The form and
instructions for filing may be downloaded from the USCIS web
site at
http://uscis.gov
. Go to “Forms and Fees” or by
following the procedures in 1999-LCM-23 (Implementation of
the Systematic Alien Verification for Entitlements (SAVE)-
Interim Process).
http://sdssnet5/otda/directives/1999/LCM/99
LCM-23.pdf
•
Advise the immigrant that s/he needs to go to USCIS to renew
his/her Green Card or other immigration documentation.
•
Use the immigration status
on the expired immigration
documentation as the basis for the immigrant’s eligibility.
Districts should refer to the attached Desk Guides:
Attachments B-1, B-2, D1, D2, D-3 and D-4.