Refugee Services Frequently Asked Questions and Glossary
Frequently Asked Questions
Refugee FAQ
Refugee Documentation: Must refugees receive Employment Authorization Documents (EAD)?
Refugees apply for Employment Authorization cards as part of their arrival processing on entry into the United States. Form I-766, the Employment Authorization Document (EAD), provides them with the government-issued photo identification required under the 2002 Patriot Act. Remember that all refugees (and asylees) must get a Refugee Travel Document prior to travel outside the United States, even if they have the EAD.
Refugee Children: Do refugee children also receive Form I-766, the employment authorization card, since they do not work?
Yes, all newly arriving refugees, including children, receive the EAD (I-766) in order that they will have a government-issued identification with biometric identification, that is, a photo and a fingerprint.
Expiration of Refugee I-94: Does the I-94 issued to a refugee expire within a certain period after issuance?
No, I-94's issued to refugees do not have an expiration date, as with visas and paroles. Refugee status is indefinite and cannot be revoked without a legal process. Refugees must apply for permanent residence after one year, however, and may have to surrender their original I-94 as part of the application process.
Refugee Date of Entry: Does a refugee's I-94 always show the refugee's date of entry?
No, if a refugee travels outside the United States, s/he will surrender his/her original I-94. A new I-94 will be issued on return to the United States with the date of the current entry rather than the original date of eligibility. (The original entry date is sometimes but not always recorded on the reverse as "DOE: 00/00/00.) Providers should verify with the client that any I-94 was issued on the refugee's initial entry into the United States.
Refugee Adjustment of Status: Does a refugee have to adjust status to permanent resident after one year?
Yes, a refugee must apply to adjust status to permanent resident one year after arriving in the United States under current laws. Each refugee must file Form I-485 with the U.S. Citizenship and Immigration Services (USCIS) promptly. Refugees may get help from Refugee Services Legal Providers or their resettlement agency in submitting the application and applying for waivers of fees if they are not able to afford them. Once receiving Form I-551, the Permanent Resident Card, refugees no longer have to file for separate employment authorization cards.
Asylee FAQs
Services Available and Where to apply: What assistance and services are available to asylees and where should an asylee apply?
Asylees are eligible for all of the assistance and services provided through the Florida Department of Children and Families, Office of Refugee Services under funding from the Office of Refugee Resettlement (ORR). The Office of Refugee Services contracts with providers in each community to deliver these services. Each program may have other eligibility criteria in addition to immigration status eligibility that asylees will need to meet.
Where to Apply: Where do asylees go to apply for refugee assistance and services?
Visit the Florida Department of Children and Families, Refugee Services website at www.myflfamilies.com/service-programs/refugee-services/ to obtain specific information about the benefits and services provided in each community or dial 211, a free information and referral service. Asylees may also apply directly to the Florida Department of Children and Families for refugee cash and medical assistance, food stamps, Medicaid, and other federal programs for which asylees may be eligible if they meet income and other program requirements.
Applying for Services: What should asylees bring when they go to apply for assistance and services?
Asylees must show proof of their identity, their asylum status, "eligibility" date (see Chapter 2 and below), and nationality when they apply for assistance or services. Asylees may save time if they bring their social security card or proof that they have applied for a social security card. A letter from the Social Security Administration (SSA) or some type of receipt from the SSA are acceptable documents.
Recommended for Asylum: Is a letter showing Recommending Approval from an USCIS Asylum Office an acceptable document proving asylee status?
No, Recommended Approval letters are not acceptable proof of asylee status. The applicant must show an actual Approval Letter from the USCIS Asylum Office, not a Recommended Approval. The asylum process requires applicants who receive Recommended Approval to submit their biometric information and undergo background checks before receiving a final grant of asylum.
Date of Eligibility: How do you determine an asylees eligibility date?
An asylees eligibility date is the date asylum was granted. See the following FAQs below about determining the date of asylum if asylum was granted by an Immigration Judge. Asylee family members may have a different eligibility date depending on when they arrived in the United States. See also below for an explanation of their eligibility date(s).
Evidence of Asylum and Eligibility Date: Is an Order of the Immigration Judge granting asylum under § 208 of the INA acceptable proof of asylee status?
Yes, an Order of the Immigration Judge granting asylum may be acceptable proof of asylee status if the order matches the conditions below: Determine the eligibility date as described for each type of order.(a) DHS Waives Appeal. (At the bottom of the order where appeal information is shown, the word “WAIVED” will be circled.):If the DHS waives the right to appeal the immigration judge’s decision, then an Order of the Immigration Judge is acceptable proof of asylee status. An asylee’s eligibility period for ORR assistance and services will begin on the date of the immigration judge’s order granting asylum. This date serves as the date of eligibility. (b) DHS Reserves Appeal (The order will show a date at the bottom next to the words “Appeal Due By.”):If the order shows that the DHS has reserved the right to appeal the immigration judge’s decision, the order does not, on its own, verify an asylee’s status. Eligibility workers must wait the 30 days until the Appeal Due date given on the Order of the Immigration Judge has passed. On or after the 31st day,** the eligibility worker will need to call the EOIR case status line at 1-800-898-7180 to find out whether the DHS has appealed the case. If the DHS has not appealed the case and 30 days have passed since the date on the immigration order, the individual is an asylee and is eligible for ORR assistance and services. Thirty days after the date on the immigration order will serve as the eligibility date (i.e., the date the individual was granted asylum). If the DHS has appealed the case, the individual is not yet an asylee and is not eligible for benefits. **Although the EOIR case status line is updated every 24 hours, ORR cautions that, on occasion, eligibility workers may find that the case status line does not contain the needed appeal information on the 31st day. The EOIR reports that it may take up to 5 days after the appeal deadline for the information to be relayed to the case status line. (c) Board of Immigration Appeals: What if an individual is granted asylum by the Board of Immigration Appeals (BIA)?A written decision by the Board of Immigration Appeals granting asylum will serve as proof that an individual has asylee status. The date on the written decision serves as the beginning date of the eligibility period for refugee assistance and services. Most individuals who are granted asylum by the BIA will also need to apply with USCIS for documentation evidencing their status. Eligibility workers most likely will be familiar with the DHS documentation, which may include the I-94 Arrival/Departure Card. However, the written decision by the BIA will continue to serve as proof of asylee status for ORR purposes.
Eligibility Date: What is the "eligibility date" for an asylees spouse and child(ren)?
To determine the eligibility date, ask if the asylee’s spouse and child(ren) were included in the asylee’s original application for asylum or joined the asylee in the United States later. Then, choose the example below that fits the family member’s situation.(a) If the asylee’s spouse and child(ren) were included in the asylee’s original application for asylum, what is the date of eligibility?The spouse and child(ren) have the same eligibility date (i.e., date of asylum grant) as the principal asylee. The letter from the USCIS Asylum Officer or the Order of the Immigration Judge will include their names. Individual family members do not receive separate notification. Each family member will receive his/her own Form I-94 and Form I-766 employment document.(b) If the asylee’s spouse and children were not included on the principal asylee’s application and were in the U.S. when the principal asylee filed the Form I-730 Refugee/Asylee Relative Petition, what is the date of eligibility?The eligibility date of the spouse and children will be the approval date of the I-730. The I-730 Approval Notice serves as acceptable proof of asylee status. The DHS should also issue a Form I-94 Arrival/Departure Card for the family members noting their “entry” date and their status as asylees.(c) If the asylee’s spouse and child(ren) are outside of the United States when the asylee is granted asylum and join him or her later?If the principal asylee completed a Form I-730 for his or her spouse and child(ren), they may follow him/her to the United States at any time by applying at a U.S. Embassy or Consulate. Their eligibility date will be the date that they physically enter the United States. This date will be noted on their Form I-94 Arrival/Departure Cards, which will show an asylum stamp.
Adjustment of Status: Does an asylee have to apply for adjustment of status after one year?
No, an asylee may apply for adjustment of status one year after being granted asylum, but the law does not require him or her to apply like clients admitted as refugees. To apply, an asylee must complete Form I-485, Application to Register Permanent Residence or to Adjust Status. The law concerning adjustment of status for asylees may be found at Title 8, Code of Federal Regulations, part 209.
Reception and Placement Benefits: Are asylees eligible to receive Reception and Placement benefits from the U.S. Department of State?
No, asylees are not eligible to receive Reception and Placement benefits from the State Department. ORR’s policies do not affect the procedures or benefits of other departments of the U.S. government, such as the Department of Justice or the Department of State.
Match Grant Program
Do asylees need to be enrolled in Match Grant programs within 31 days of their grant of asylum?Yes, asylees need to enroll in a Match Grant program within 31 days of their date of asylum grant. In general, the rules that apply to refugees in the Match Grant programs also apply to asylees (for exceptions, see other FAQ regarding asylum applicant eligibility).Are there any exceptions to the requirement to enroll clients within 31 days of their grant of asylum?If you feel a client has been unfairly disadvantaged because of circumstances beyond his or her control, for instance, an asylum letter sent two months after the grant of asylum was effective, contact ORR to discuss the client’s circumstances and ask for guidance. How can providers enroll asylees in Match Grant programs if the agencies do not have established relationships with asylees through the Department of State’s Reception and Placement Cooperative Agreement or a Reception and Placement Cooperative Agreement with another federal agency?The requirement that a voluntary agency must have an established relationship with a refugee through the Department of State’s Reception and Placement Cooperative Agreement or a Reception and Placement Cooperative Agreement with another federal agency does not apply to asylees. Asylees are exempt from this requirement. Without association to a resettlement agency, there is a potential for asylees to approach more than one agency for services. Therefore, ORR asks that agencies make every effort to avoid duplication of services.
Medical Benefits: Do asylees need to be associated with a resettlement agency in order to receive refugee medical assistance (RMA)?
No, asylees are eligible for RMA beginning on the date they are granted asylum and do not need to be associated with a resettlement agency. Asylees are exempt from the requirement at 45 CFR §400.100(a)(4) to provide the name of the resettlement agency that resettled them.
Asylum Applicants: Are asylum applicants eligible for refugee services?
Only Cuban or Haitian nationals are eligible for refugee services while they are asylum applicants. Persons of other nationalities are eligible only when their application for asylum has been granted.
Unrestricted Social Security Cards: Do asylees qualify for unrestricted Social Security cards and what documents can be shown as evidence of status?
Social Security issues unrestricted Social Security cards to asylees since they are eligible to work based on their asylum status. The documents accepted for evidence include the I-94 with an asylum stamp, an EAD showing the asylum status code, or the original order of an Immigration Judge granting asylum. While ORR accepts the USCIS asylum letter as evidence of status for refugee program benefits, the asylum letter is not among the documents accepted by the Social Security Administration under their current regulations.
Restricted Social Security Cards: What should an asylee or refugee client do if s/he has been issued a restricted Social Security card in error?
If an asylee has been issued a restricted Social Security card (that is, a card marked "not valid for employment without DHS authorization"), the individual should go back to Social Security and request an unrestricted card. As above, s/he will have to show one of the documents mentioned in the previous question.
Cuban/Haitian Entrant FAQs
Cuban/Haitian Entrant Definition: If a Cuban or Haitian client meets more than one of the criteria for a Cuban/Haitian entrant, what should be considered their basis of eligibility?
Applicants must show only that they hold a status that is eligible. If an individual demonstrates that s/he meets any of the criteria for Cuban/Haitian entrant, that is, parolee, asylum applicant, or person in removal proceedings, that is the basis of their eligibility for refugee program services. If an applicant has been paroled in addition to another status, however, the parole should generally be documented as well since ORR has said that the expiration of parole does not affect the applicant’s eligibility for services. See also the next FAQ regarding eligibility dates.
Cuban/Haitian Date of Eligibility - First Qualifying Status: What date of eligibility should be used for Cuban or Haitian nationals who meet more than one part of the definition of a Cuban-Haitian entrant?
Many Cuban or Haitian nationals in the state may fulfill more than one part of the definition of a Cuban-Haitian entrant. An individual may, for instance, be granted parole and have a pending application for asylum. In that circumstance, the date on which the individual first meets the definition of entrant is the effective date of “entry” or eligibility for refugee program services.
Cuban/Haitian Asylee Eligibility: Will a Cuban or Haitian asylum applicant who is granted asylum be able to access an additional eight months of refugee cash and medical assistance and an additional five years of social services beginning on the date that he or she is granted asylum?
No, a Cuban or Haitian asylum applicant eligible for refugee assistance and services under ORR regulations concerning Cuban and Haitian entrants will not be able to access additional cash and medical assistance or priority services by beginning a second eligibility period on the date asylum is granted. For more information about benefits for Cuban and Haitian entrants, please see 45 CFR, Part 401.
Cuban/Haitian Entrant Eligibility Date: Since Cuban or Haitian nationals who are admitted to the United States as visitors or students, for instance, are not considered Cuban-Haitian entrants, what date would be used for their eligibility if they later applied for asylum or were put into removal proceedings?
In circumstances where the status of a Cuban or Haitian national changes after they enter the United States so that they subsequently meet the definition of a Cuban-Haitian entrant, the eligibility date for refugee program purposes would be the date the individual was first issued DHS documentation making them an “entrant.” An example of this would be if DHS issued a notice of removal proceedings, such as an I-862 (Notice to Appear), to someone who overstayed their visa. Another example would be the date on which a Cuban or Haitian national already in the United States first filed an application with the USCIS or the Immigration Court requesting asylum.
Effect of Detention on Eligibility Date: If a Cuban or Haitian national is detained by the DHS upon entering the United States and not released for a long period of time, will they still be able to qualify for refugee program cash and medical benefits?
In many cases, the actual date of entry and the date DHS releases the entrant from detention with documentation may be the same. If the individual is detained for a significant period, however, the date the DHS first issues the individual documentation establishing status as a Cuban-Haitian entrant would be the eligibility date, even if not the actual date of entering the United States. DHS may issue a Form I-862 (Notice to Appear), Form I-220A (Order of Release on Recognizance), or other documentation showing that the Cuban or Haitian national is in removal proceedings and therefore has status as a Cuban-Haitian entrant.
Denial of Asylum Application: How long are Cuban or Haitian clients who are denied asylum eligible for benefits?
A Cuban or Haitian client who has been eligible for refugee services while in the asylum or removal process may lose that eligibility if an immigration judge denies the asylum application and issues a final, non-appealable, and legally enforceable order of removal. Service providers must ensure that they periodically check the current status of clients in asylum or removal proceedings to verify continued eligibility. (Note that this step is not required if the entrant has ever been paroled.) Ask the client for more recent documentation and call the Executive Office of Immigration Review (EOIR) case status line (1-800-898-7180). If the client’s status or eligibility is unclear or the client has received some other form of relief, consult with the Office of Refugee Services before terminating services. Be prepared to give information on the name, date of birth, nationality, alien number, as well as any other details available, to assist in inquiries with DHS.
Final Order of Removal (Deportation or Exclusion): When does a final order of removal end the eligibility of a Cuban/Haitian client?
Cuban/Haitian entrants who have never been paroled and are issued a final, non-appealable, and legally enforceable order of removal by an immigration judge are no longer eligible for refugee program services. Because of the complex legal issues related to orders of removal and the hearing and appeal process, providers should consult with the Office of Refugee Services and with the Office of Refugee Resettlement regarding clients who appear to meet these conditions. Be prepared to give information on the name, date of birth, nationality, alien number, as well as any other details available, to assist in inquiries with DHS.
Cubans or Haitians with “V” Visas: Is a Cuban who holds a “V” visa under the Life Act eligible for refugee program services?
No, the “V” visa is a non-immigrant visa for relatives waiting for immigrant visas. Like other Cubans in non-immigrant statuses such as visitor or student, Cubans with a “V” visa are not eligible for refugee program services unless they can also show evidence that the meet the definition of a Cuban/Haitian entrant, that is, they were paroled by DHS, applied for asylum, or were placed into removal proceedings.
HRIFA Spouse and Child: Is a Haitian spouse or child eligible for refugee services if they joined a Haitian asylum applicant or parolee and adjusted under the Haitian Refugee Immigration and Fairness Act (HRIFA)?
As with all permanent residents, a Haitian spouse or child who became a permanent resident under HRIFA must show that he or she held a status previously eligible for refugee program services. Spouses and children of a Cuban/Haitian entrant do not receive, or "derive," eligibility from their relative. The Haitian spouse and child must show that they themselves meet or previously met the definition of a Cuban/Haitian entrant, that is, were paroled or applied for asylum or put into removal proceedings. (Note that even if not eligible for refugee program services, these family members may be eligible for mainstream benefits open to all immigrants.)
Parolee FAQs
Parolee Eligibility: Are parolees eligible for refugee services? Does it matter which kind of parole an applicant has?
Under current laws only Cuban and Haitian parolees are eligible for refugee services; there is no restriction on the type of parole. Parolees of other nationalities are ineligible for all services, regardless of the type of parole or the nationality. The one exception are those few persons of any nationality who had been paroled into the United States with the specific notation "Paroled as a Refugee" or "Paroled as an Asylee" on their I-94 or other documentation. A person paroled specifically as a refugee or asylee would be eligible for refugee program benefits.
"Paroled as a Refugee": Because Cubans and Haitians granted parole receive refugee program benefits, aren’t they “paroled as a refugee”?
No, the I-94 must specify “paroled as a refugee.” Cubans and Haitians receive humanitarian or public benefit parole, and the code used on their Employment Authorization Documents is “C11,” not “A04.”
Cuban/Haitian Date of Eligibility - Parolees: What eligibility date is used for a Cuban or Haitian national who is granted parole?
If a Cuban or Haitian national is granted parole upon entry to the United States, the eligibility date for refugee program services would be the actual date when individual entered the United States for the first time and was granted parole status. If the Cuban or Haitian national receives parole for the first time after entering the United States, the date of eligibility is the date the parole is approved rather than the actual date of arrival. The eligibility date remains the same if the individual is granted subsequent parole status after a departure from the United States or renewal of parole status.
Derivative Eligibility of Cuban-Haitian Parolees: Are the non-Cuban or non-Haitian family members of Cuban or Haitian parolees considered Cuban-Haitian entrants?
No, a non-Cuban or non-Haitian spouse or child does not derive eligibility as a Cuban-Haitian entrant. The definition in the Refugee Education Assistance Act granted eligibility for refugee program services only to certain categories of individuals with Cuban or Haitian nationality. DHS determines the nationality or citizenship by the documentation presented at time of entry. Any claim to Cuban or Haitian nationality must be resolved and documented by DHS in order to establish eligibility as a Cuban-Haitian entrant. See ORR State Letter #07-14 (Exhibit 3-2).
Cuban Family Reunification Parole: Are Cuban parolees admitted under the Family Reunification Program eligible for refugee services?
Yes, Cuban nationals admitted with paroles under the Family Reunification Parole program in Havana are eligible for refugee services on the same basis as other Cuban/Haitian entrants.
Eligibility Retention: Do Cuban and Haitian parolees retain their eligibility for refugee services when their parole expires?
Yes, based on guidance from ORR, once granted parole, Cuban and Haitian parolees retain eligibility even if their status expires, they receive some other status at a later time, or even if they receive a final order of removal.
Length of Parole: If a Cuban or Haitian is granted parole for less than a year, upon entering the United States via the Southwest border, for example, does that affect eligibility for refugee services?
No, refugee program eligibility for Cuban and Haitian parolees is not affected by the length of parole or the port of entry into the United States.
Lautenberg Parolee Eligibility: If Lautenberg parolees come to the United States through the refugee admission process, are they eligible for refugee program benefits?
The Lautenberg Amendment allowed adjustment of status of certain Cambodian, Vietnamese, or Soviet nationals paroled into the United States in the company of relatives admitted as refugees or Amerasians. These individuals are not refugees themselves and are not eligible for refugee services. (The applicable code on the I-551 is LA6.)
Cuban Adjustment Act FAQs
CU-6 Code: Does the CU-6 code on a document shown by a Cuban demonstrate eligibility for refugee program services?
A Form I-551 (Permanent Resident Card) with the CU-6 code is not one of the acceptable documents for showing eligibility for ORR benefit according to ORR State Letter #00-17 (see the end of Chapter 6) and subsequent guidance. The CU6 code represents a Cuban national who becomes a permanent resident under the Cuban Adjustment Act. The CU6 code therefore provides no information about whether an individual meets the definition of a Cuban or Haitian entrant. Many people who adjusted under this law were previously Cuban/Haitian entrants, but others were admitted to the United States in statuses not eligible for refugee program benefits. Persons who are lawful permanent residents must establish that they held a previously eligible status.
Secondary Evidence for CU6: If a Cuban applicant documented as a CU-6 presents a photocopy of his or her I-94 showing a qualifying status, can the individual be served on an interim basis while waiting for secondary verification from DHS?
No, applicants must establish their eligibility before receiving services. Ask for other documentation if the client does not have the original I-94. Many Cubans documented with the CU6 code will have other documents that show their earlier status, such as passports or EAD's that may have expired. If no other documentation exists, providers must submit a Freedom of Information Act (FOIA) request to document the earlier status before providing services.
CU7 Spouse or Child: Is the spouse or child of a Cuban parolee who adjusted under the Cuban Adjustment Act (CAA) eligible for refugee services?
The code “CU7” on an I-551 (permanent resident card) reveals that the spouse or child is not considered a Cuban national. Spouses and children of a Cuban/Haitian entrant do not receive, or "derive," eligibility from their relative. The definition in the Refugee Education Assistance Act granted eligibility for refugee program services only to certain categories of individuals with Cuban or Haitian nationality. (See also FAQ regarding Derivative Eligibility of Cuban-Haitian Parolees.) These family members may, however, be eligible for mainstream services open to all permanent residents.
Interim Eligibility with Self-Declaration of Eligible Immigration Status: If a Cuban applicant documented only as a CU-6 signs ORR’s suggested Self-Declaration of Eligible Immigration Status (see Exhibit 5-1), can the individual be served on an interim basis while waiting for verification of prior status from DHS?
No, the Self-Declaration does not replace documentation of an eligible status. If, however, the individual has an expired document showing a previously eligible status, such as an EAD with a code “C11” representing parole status, and your contract does not limit the period of eligibility, check with the Office of Refugee Services about the use of the Self-Declaration to provide interim service.
Miscellaneous FAQs, Part I
Surrender of I-94: How can an applicant show eligibility if he or she has surrendered the I-94 to USCIS in applying for adjustment of status to permanent resident?
Ask for other documents the applicant may have that show eligible status. Sometimes, s/he might have an expired passport or work authorization card that showed a previous status. If s/he has no other original documentation showing the earlier status, but has a photocopy of the information and adequate identity documentation, the Office of Refugee Services may be able to verify the earlier status from its database. Otherwise, it may be necessary to request to file a Freedom of Information Act (FOIA) request with USCIS to verify the "class of admission."
How do you file a Freedom of Information Act (FOIA) request with USCIS to verify an applicant's previous status?
See Chapter 5 for instructions on filing a FOIA request with USCIS or with the Executive Office of Immigration Review (EOIR). The request must be written. USCIS suggests using Form G-639 (see Chapter 5). The latest version of this form can be downloaded from the USCIS website: www.uscis.gov/g-639. EOIR will not accept Form G-639.Be sure to have the client sign the FOIA request and have the signature notarized, as neither USCIS nor EOIR will provide the information unless the individual has given a release for the information to be given to the service provider. USCIS also suggests including a daytime phone number for the requestor in case of questions.
Interim Eligibility with Self-Declaration of Eligible Immigration Status: If an applicant signs a Self-Declaration of Eligible Immigration Status (see Exhibit 5-1), can the individual be served on an interim basis while waiting for further documentation of status from DHS?
No, the Self-Declaration does not replace documentation of an eligible status. The Declaration should be used only when eligibility has been confirmed but other information may be needed. If the continued eligibility of a Cuban or Haitian client in removal proceedings is unclear, for instance, the Self-Declaration could be used while further investigating the issuance of a final order of removal. The Declaration could also be used if you lacked other required information that would not affect eligibility, such as the nationality of a refugee or asylee. Check first with the Office of Refugee Services if uncertain about using the Self-Declaration to provide interim service in a particular situation.
Application for Adjustment: If someone can show a Work Authorization document with a "C09" code, is he or she eligible for refugee program services?
No, since the "C09" code on a work authorization card shows only that the person has applied for permanent resident status. Just as with permanent residents, the person must show that he or she held a prior status that was eligible for services.
Deferred Inspection: Is someone with a “C14” code on the Employment Authorization Document eligible for refugee program services?
No, the “C14” code on the Employment Authorization Document does not demonstrate eligibility. Any of the DHS agencies (ICE, USCIS, CBP) can grant deferred action in unusual circumstances when an applicant has a pending application. For example, a battered spouse might be granted deferred action while waiting for visa availability. The applicant should have some documentation related to the deferred action that may help providers determine if there is a basis for eligibility.
How long should a case remain pending for secondary verification from USCIS?
Setting a suspense date for follow up in two-three weeks is a good idea. If responses are routinely delayed more than a month, alert the Refugee Services (RS) and the Office of Refugee Resettlement (ORR), particularly if a significant number of clients cannot be served at all pending a response.
Alien Number: Can you tell where an applicant entered the United States by his or her alien number or other information about eligibility for refugee programs?
No, the alien number does not provide information on entry point or eligibility. Sometimes providers may see a sequence of numbers for refugees or others who are processed in the same place at the same time.
Incorrect or Missing Alien Number: What should an applicant do if his or her alien number is missing, incorrect or appears to be the same as one assigned to someone else?
If an individual's alien number is missing, appears incorrect or to duplicate the number already assigned to someone else, s/he should contact the nearest DHS/CIS and request assistance. Some offices can resolve the error themselves; in other cases the individual will be instructed what to do next.
Alien Number-Trafficking Victims: Do trafficking victims have to show an alien number?
Victims of severe forms of human trafficking certified by the Department of Health and Human Services, Office of Refugee Resettlement, are eligible for benefits and services to the same extent as refugees. Victims of severe forms of human trafficking may not have been issued an alien number and are not required to present DHS documentation of immigration status. The ORR letter is acceptable proof of status and provides the identity, eligible status, and the date of status.
Second Alien Number: Which alien number should be used if an applicant has two alien numbers?
A significant number of individuals applying for adjustment to permanent resident in the summer of 2007 may have been issued documentation with a second alien number to facilitate the processing of receipts by USCIS. In those cases, USCIS has announced that at a future date the newly assigned alien numbers will be reconciled with previous alien numbers that may exist for each applicant and the newly assigned alien number will be deleted. The temporary alien number will also appear on the EAD card. Verify both numbers and document both numbers in the client’s file. The reconciled number should be used in the Refugee Services Data System (RSDS) to identify the client. If the applicant has two numbers for some other reason, such as use of different names or a second entry, the applicant should notify USCIS and ask for help to reconcile their file number. Contact the Grants Administration Unit at Refugee Services if necessary for help in resolving the issue.
Miscellaneous FAQs, Part 2
Port of Entry Codes: What port of entry is designated by a “Z” code on the I-94?
The “Z,” in front of two other letters, designates an asylum office. For example, ZMI is Miami, ZNY is Rosedale, New York. A list of port of entry codes has been added to Chapter 8: Common Refugee Codes.
REAL ID Act Requirements: Are refugee service providers required to comply with the identification document standards of the REAL ID Act?
No, according to ORR State Letter #07-07 (April 12, 2007), refugee service providers may continue to accept driver's licenses and other proof of identity that fail to meet all of the security requirements of the REAL ID Act. The REAL ID Act set minimum identification security standards for federal agencies. Many ORR-served clients initially possess no photo identification, and their first photo ID is often the Employment Authorization Document (EAD). Though the USCIS-issued EAD meets REAL ID requirements for both identity and proof of lawful presence, delays frequently occur in the processing of initial, replacement, or renewal EADs. Consult with the Office of Refugee Services if you have questions about acceptable documentation.
Temporary Protected Status (TPS): Do persons with Temporary Protected Status receive refugee program benefits if they are from Haiti or come from a refugee-producing country?
No, persons granted Temporary Protected Status (TPS) by DHS are not eligible for refugee program benefits or services, regardless of nationality. Note, however, that if Haitian nationals meet the definition of a Cuban/Haitian entrant, they do not lose refugee benefits even if they subsequently receive TPS. TPS allows individuals affected by ongoing armed conflict (such as civil war), an environmental disaster (such as earthquake or hurricane), or other extraordinary conditions in their country to remain and work temporarily in the United States until conditions permit their return home.
Tourists: Are Cubans who enter as tourists, temporary workers or in other non-immigrant visa categories and become permanent residents under the Cuban Adjustment Act eligible for refugee services?
No, Cubans who enter the U.S. as tourists or other non-immigrants are not eligible for refugee benefits. If they later acquire a status that confers eligibility, such as asylum applicant, they would be eligible to apply based on that status. Adjustment of status under the Cuban Adjustment Act does not in and of itself confer eligibility for refugee program services.
U.S. Citizens: Can refugees and other eligible groups continue to get refugee services after they become U.S. citizens?
Under 45 CFR, Part 400, formerly eligible individuals who become U.S. citizens are no longer eligible for refugee services.
VISAS 91: Are persons admitted as V-91 eligible for refugee services?
V-91 inscriptions on an I-94 arrival/departure card indicates that the person is "following to join" a parent or spouse who was admitted to the United States as a parolee. Only Cuban or Haitian nationals paroled into the United States are eligible for refugee services under 45 CFR 501.2; the eligibility of a Cuban or Haitian national admitted as a V-91, therefore, is determined based on the parole stamp on his or her own I-94, not on the relative's status.
Visa Lottery/Diversity Lottery: Are Cuban visa lottery immigrants eligible for refugee program benefits?
No, visa diversity lottery immigrants are not eligible for refugee program benefits, even if Cuban or Haitian nationals. Their documentation shows a permanent resident status associated with the code “DV.” This worldwide visa diversity lottery is a regular immigration program and persons enter as legal permanent residents. This status is not the same as "Cuban lottery parolees." These individuals enter the United States in parole status and are unable to become permanent residents until they have been in the United States at least one year.
Special Immigrant Visas (SIV): Are all persons issued a Special Immigrant Visa eligible for refugee services?
No, only Iraqi and Afghan nationals issued Special Immigrant Visas are eligible for refugee services. See Chapter 4 for other eligibility information.
Special Immigrant Visas (SIV) Eligibility Period: How long are Iraqi and Afghan SIVs eligible for refugee services?
Iraqi and Afghan SIV’s are eligible for refugee services for the same period as other refugees, that is, up to five years after entry. Note this is a change from their earlier eligibility of only eight months.
Employment Authorization FAQs
Form I-9 Requirements: Must non-U.S. citizens provide a DHS-issued document, such as Form I-688B, to fulfill the Form I-9 document requirements?
No. An individual who is not a U.S. citizen is not required to submit a DHS-issued document if he or she can fulfill the Form I-9 requirements with other documents. For example, an asylee with a state driver’s license (List B document) and an unrestricted Social Security card (List C document) fulfills the Form I-9 requirements and may not be required to present a DHS-issue document. If the employer did require a DHS-issued document after the asylee had submitted documents fulfilling the Form I-9 requirements, it would be considered document abuse.
Employer Requirements: What should a client do if an employer demands an USCIS employment authorization document but the client has other documents that fulfill the Form I-9 requirements?
An individual should consider providing the requested document to safeguard his or her employment. An individual may also contact OSC's Worker Hotline at 1-800-255-7688 for assistance.
Receipt Rule: What is the "receipt rule" for refugees?
Although an individual normally must submit a document from List A, or one document from List B and one document from List C, under the "receipt rule" for refugees, a refugee may meet the Form I-9 requirement by presenting to his or her employer the departure portion of the Form I-94, containing a refugee admission stamp. This submission only completes the Form I-9 temporarily. Within 90 days, the refugee must provide the employer with either (1) an unrestricted Social Security card and a List B document or (2) an employment authorization document issued by the USCIS.
Unexpired Employment Authorization Document: Is a Form I-94 with a refugee or asylee stamp considered an "unexpired employment authorization document issued by the Service" (other than those listed under List A) in List C?
Yes. The Form I-94 with a refugee or asylee stamp is considered an "unexpired employment authorization document issued by the Service" (other than those listed under List A) in List C.
Asylees and Receipt Rule: Does the “receipt rule” for refugees also apply to asylees?
No. This rule applies only to refugees. The rule does not apply to asylees.
Reverification: Does an employee need to submit the same proof of identity and employment eligibility at re-verification as he or she did on the initial Form I-9?
No. An employee may present a document that shows either an extension of his or her initial employment authorization or a new document evidencing work authorization, including an unrestricted Social Security card.
Documents and Expiration Dates: Can an employer refuse to hire an individual because the individual’s document has an expiration date?
No. Consideration of a future employment authorization expiration date in determining whether an individual is qualified for a particular job could be an unfair immigration-related employment practice.
Refugee and Asylee Work Authorization: Since a refugee or asylee is authorized to work indefinitely, how should he complete the box in Section 1 of the DHS Form I-9 to attest that he or she is authorized to work in the United States? (The box asks for the expiration of work authorization for individuals who are not U.S. citizens or lawful permanent residents.)
The Department of Justice Office of Special Counsel has indicated that it is acceptable for the individual to write, “N/A - asylee” or “N/A - refugee” on the line next to box 3 in Section 1 of the DHS Form I-9.
Employment Eligibility Issues: Where can someone get help if other employment eligibility issues arise?
Contact the Department of Justice Office of Special Counsel in the Civil Rights Division for other questions regarding employment eligibility requirements or immigration-related unfair employment practices. The telephone numbers are: 202-616-5594, 1-800-255-8155 or 1-800-362-2735 (TDD).
Glossary
Glossary, A-I
A File
Numerically controlled case files on individual aliens or non-citizens maintained by federal immigration agencies under the Department of Homeland Security (and formerly the Immigration and Naturalization Service) to administer and enforce various immigration laws and related statutes and regulations. Each individual is assigned a number, called an A-number, from a series that currently has the letter A plus eight or nine-digits and is unique to that individual throughout his or her immigration processing.
ADIT
An Alien Documentation Identification and Telecommunications (ADIT) stamp is a stamp added to an individual's passport or I-94 (Arrival -Departure Record) as proof of "temporary" permanent residency status, also called a “temporary I-551 stamp.”
Adjustment of Status
Procedure allowing certain non-citizens already in the United States to apply for permanent resident status. Among those eligible to apply are refugees, asylees and Cuban parolees. These individuals may apply after one year in the United States.
Affidavit of Relationship (AOR)
Sworn statement filed by an eligible family member in the United States that allows the relative overseas to apply for the U.S. refugee program.
Alien
Any person not a citizen or national of the United States.
Amerasian
A special immigration status created by Public Law 100-202 (12/22/87). The law provides for the admission of certain Vietnamese born after January 1, 1962, and before January 1, 1976, and fathered by a U.S. citizen. Spouses, children, parents or guardians may also be admitted. These individuals are eligible for the same services as refugees.
Anchor
A refugee’s relative in the United States who is eligible to file an AOR.
AOR
See Affidavit of Relationship.
Application Support Centers (ASC)
Certain USCIS offices that fingerprint applicants for immigration benefits. Some applications require an FBI fingerprint background check before USCIS can decide eligibility.
ASC
See Application Support Center.
Assurance
The legal agreement of a voluntary resettlement agency to sponsor a refugee. This agreement is signed by a designated voluntary agency official and submitted to the USCIS overseas. A copy of the agreement is included in the refugee’s travel documents for presentation at the port of entry in the United States. Refugees sometimes use a copy of the agreement with photographs to board airlines before receiving photo identification in the United States.
Asylee
A non-citizen in the United States or at a port of entry who is found to be unable or unwilling to return to his or her country of nationality, or to seek the protection of that country, because of persecution or a well-founded fear of persecution. The basis for the claim for protection must be the individual’s race, religion, nationality, membership in a particular social group, or political opinion. Persons granted asylum may apply to adjust to lawful permanent resident status after one year in the United States. Asylees are eligible for refugee program benefits and services.
Beneficiary
A foreign individual who has a petition filed on his or her behalf by a U.S. citizen, legal permanent resident, or employer to receive an immigration benefit.
BIA
See Board of Immigration Appeals.
Board of Immigration Appeals (BIA)
The Board of Immigration Appeals is the highest
administrative court for immigration cases. Decisions of the Board, under the Department of Justice rather than the Department of Homeland Security, are subject to judicial review by the Federal courts. Most appeals are decided by a review of the record rather than oral arguments.
CBP
See Customs and Border Patrol.
Citizen
A native or naturalized citizen of a country.
Civil Surgeon
A medical doctor practicing in the U.S. who is certified by USCIS (U.S. Citizenship and Immigration Service) to provide examinations as required by the CDC (Center for Disease Control and Prevention) and USCIS. For medical examinations given overseas, please see Panel Physician.
Cuban/Haitian Entrant
A status accorded (1) Cubans who entered illegally or were paroled into the United States between April 15, 1980, and October 10, 1980; and (2) Haitians who entered illegally or were paroled into the country before January 1, 1981. Subsequently, those Cubans or Haitians who were (1) paroled, (2) applied for asylum, or (3) placed in removal/deportation proceedings, as described under provisions of the Refugee Education Assistance Act of 1980, are referred to as “Cuban/Haitian Entrants” and eligible for the same public services as refugees.
Customs and Border Protection (CBP)
Under the Department of Homeland Security, CBP is the bureau charged with securing the country’s borders, as well as screening all imports and exports.
DCF
See Department of Children and Families.
Deferred Inspection
See Parole.
Department of Children and Families (DCF)
The state agency administering delivery of social services in Florida, including services to refugee populations. See the Office of Refugee Services.
Department of Homeland Security (DHS)
The federal agency charged with protecting the internal security of the United States and its borders, as well as providing services to persons seeking to travel to or live in the United States. Three functions formerly part of the Immigration and Naturalization Service have been combined with other functions to become U.S. Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), and Customs and Border Patrol (CBP).
Deportable Alien
An alien in and admitted to the United States subject to any grounds of removal specified in the Immigration and Nationality Act. This includes any alien (foreigner) illegally in the United States, even if the individual entered the country by fraud or misrepresentation or entered legally but subsequently violated the terms of his or her immigration classification or status.
Deportation
The formal removal of a foreign individual from the United States when the individual has been found removable for violating the immigration laws. Prior to April 1997 deportation and exclusion were separate removal procedures. Now called removal, non-citizens in and admitted to the United States may be subject to removal based on deportability by U.S. Immigration and Customs Enforcement (ICE).
Derivative
Individuals to whom eligibility for an immigration status is conveyed by a spouse or parent. In the case of citizens, derivative status is conveyed to children through the naturalization of parents or to foreign-born children adopted by U.S. citizen parents under certain conditions.
DHS
See Department of Homeland Security.
Diversity
A category of immigrants from underrepresented countries or countries adversely affected by certain amendments to the Immigration and Nationality Act. This program is subject to annually adjusted limits and procedures for submitting applications.
Docket Control
The USCIS mechanism for tracking the case status of potentially removable non-citizens.
EAD
See Employment Authorization Document.
Employer Sanctions
Provisions of the Immigration Reform and Control Act of 1986 prohibits employers from hiring, recruiting, or referring for a fee non-citizens known to be unauthorized to work in the United States. Violators of the law are subject to a series of civil fines for violations or criminal penalties when there is a pattern or practice of violations.
Employment Authorization Document (EAD)
The biometric identification card issued by USCIS to individuals authorized to work under the criteria of the Immigration and Nationality Act (INA). Two versions are currently accepted, the I-688B and the I-766. The card shows the immigration status under which a non-citizen is authorized to work, as well as issuance and expiration dates of the card, which may renewable annually for a fee. Some cards are issued with a longer validity period, based on status and fees.
EOIR
See Executive Office of Immigration Review.
Exclusion
Exclusion is the formal term for denial of an individual’s entry into the United States. Before 1997, the decision was made by an immigration judge after a hearing. Since April 1997, excluding a non-citizen because they are inadmissible under provisions in the immigration laws may be decided administratively in an expedited removal process or in removal proceedings before an immigration judge.
Executive Office of Immigration Review (EOIR)
The Executive Office for Immigration Review (EOIR) combines the administrative immigration hearing courts overseen by Immigration Judges and the Board of Immigration Appeals (BIA or Board). Established under the Department of Justice in 1983 independent of the Immigration and Naturalization Service (INS), the agency is charged with enforcement of Federal immigration laws.
Files Control Office
A USCIS field office, either at the district or sub district level, where alien case files are maintained and controlled.
First Asylum
A country where refugees first find a place of safety when they flee from persecution.
Fiscal Year
For the federal government, the fiscal year is the twelve-month period beginning October 1 and ending September 30.
FOIA
See Freedom of Information Act.
Freedom of Information Act (FOIA)
The Freedom of Information Act of 1966 protects the
rights of the public to information on the operation of government agencies, including the Department of Homeland Security, and governs what information the government must provide to individual requests.
Haitian Refugee Immigration Fairness Act (HRIFA)
Public Law 105-277 (Act of October 21,
1998), which provided that certain Haitian nationals could adjust their status to permanent resident. To be eligible, Haitians must have been in the United States on December 31, 1995, and remained physically present, must be admissible under immigration law, and must have: (1) filed for asylum before December 31, 1995; (2) been paroled into the United States before December 31, 1995; or (3) been a child (unmarried and under 21) at the time of arrival and on December 31, 1995. Certain Haitian dependents were also eligible.
Homeland Security
See Department of Homeland Security.
HRIFA
See Haitian Refugee Immigration Fairness Act.
ICE
See Immigrations and Customs Enforcement.
Immediate Relatives
Certain immigrants who because of their close relationship to U.S. citizens
are exempt from the numerical limitations imposed on immigration to the United States. Immediate relatives are: spouses of citizens, children (under 21 years of age and unmarried) of citizens, and parents of citizens 21 years of age or older.
Immigrant
The Immigration and Nationality Act (INA) broadly defines an immigrant as any alien in the United States except one legally admitted under specific nonimmigrant categories. An illegal alien who entered the United States without inspection, for example, would be strictly defined as an immigrant under the INA but is not a permanent resident alien. See Permanent Resident Alien.
Immigration Act of 1990
Public Law 101-649 (Act of November 29, 1990), which increased the limits on legal immigration to the United States, revised all grounds for exclusion and deportation, authorized temporary protected status to aliens of designated countries, revised and established new nonimmigrant admission categories, revised and extended the Visa Waiver Pilot Program, and revised naturalization authority and requirements.
Immigration and Customs Enforcement (ICE)
Bureau within Department of Homeland Security responsible for identifying and shutting down vulnerabilities in U.S. border, economic, transportation, and infrastructure security.
Immigration and Nationality Act
The Act (INA), which, along with other immigration laws, treaties, and conventions of the United States, relates to the immigration, temporary admission,
naturalization, and removal of non-citizens.
Immigration Judge
An attorney appointed by the Attorney General to act as an administrative judge within the Executive Office for Immigration Review under the Department of Justice. They are qualified to conduct specified classes of proceedings, including removal proceedings.
Immigration Reform and Control Act of 1986 (IRCA)
Public Law 99-603 (Act of 11/6/86), which was passed in order to control and deter illegal immigration to the United States. It allowed legalization of undocumented aliens who had been continuously unlawfully present since 1982 and legalization of certain agricultural workers. The law also established sanctions for employers who knowingly hire undocumented workers and increased enforcement at U.S. borders.
INA
See Immigration and Nationality Act.
Inadmissible
An alien seeking admission at a port of entry who does not meet the criteria in the INA for admission. The person may be placed in removal proceedings or, under certain circumstances, allowed to withdraw his or her application for admission.
Internally Displaced Person (IDP)
Internally displaced persons (IDPs) flee their homes for the same reasons as refugees, but remain within their own country and are thus subject to the laws of that state.
IOM
The International Organization for Migration (IOM) is an international organization that provides advice and services to governments and migrants to manage migration flows. IOM facilitates the travel of all refugees resettled to the United States, as well as medical and orientation services for refugees before they arrive.
IRCA
See Immigration Reform and Control Act of 1986.
Glossary, J-Q
Lawful Permanent Resident (LPR)
Any person not a citizen of the United States who is
residing the in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as "Permanent Resident Alien," "Resident Alien Permit Holder," and "Green Card Holder."
Legalization Dependents
A maximum of 55,000 visas were issued to spouses and children of aliens legalized under the provisions of the Immigration Reform and Control Act of 1986 in each of fiscal years 1992-94.
Legalized Aliens
Certain illegal aliens who were eligible to apply for temporary resident status under the legalization provision of the Immigration Reform and Control Act of 1986 (see above). To be eligible, these individuals must have continuously resided in the United States in an unlawful status since January 1, 1982, not be excludable, and have entered the United States either 1) illegally before January 1, 1982, or 2) as temporary visitors before January 1, 1982, with their authorized stay expiring before that date or with the Government’s knowledge of their unlawful status before that date. Legalization consists of two stages--temporary and then permanent residency. In order to adjust to permanent status aliens must have had continuous residence in the United States, be admissible as an immigrant, and demonstrate at least a minimal understanding and knowledge of the English language and U.S. history and government.
Match(ing) Grant
The Matching Grant program, directly administered by ORR, is an incentive program implemented by resettlement agencies that also contribute in-kind or cash support. The program offers refugees and other eligible clients intensive case management, employment services, rent assistance or other incentives for up to four months to foster early self-reliance as an alternative to public cash assistance.
Medical and Legal Parolee
See Parolee.
Medical Waiver
A medical waiver permits an immigration applicant to be allowed into or to remain in the United States despite having a health condition identified as grounds of inadmissibility. Terms and conditions can be applied to a medical waiver on a case-by-case basis.
Migrant
A person who moves from one region or country to another, either temporarily or permanently.
NACARA
See Nicaraguan Adjustment and Central American Relief Act.
National
A person owing allegiance to a country by birth or naturalization, distinct from citizenship.
Naturalization
The conferring, by any means, of citizenship upon a person after birth.
Nicaraguan Adjustment and Central American Relief Act (NACARA)
Signed into law on November 19, 1997, NACARA provided various forms of immigration benefits and relief from deportation to certain Nicaraguans, Cubans, Salvadorans, Guatemalans, nationals of former Soviet bloc countries and their dependents. The Victims of Trafficking and Violence Protection
Act of 2000, signed into law on October 28, 2000, added two more categories of individuals eligible to apply for relief from removal under NACARA.
Non-Refoulement
A basic principle of international refugee law that a country must not forcibly return refugees to a place where they would be persecuted or in danger for their lives.
Nonimmigrant
A foreigner who seeks temporary entry to the United States for a specific purpose. The nonimmigrant visa classifications include: foreign government officials, visitors for business and for pleasure, aliens in transit through the United States, treaty traders and investors, students, international representatives, temporary workers and trainees, representatives of foreign information media, exchange visitors, fiancé (e)s of U.S. citizens, intracompany transferees, NATO officials, religious workers, and some others. Most nonimmigrants can be accompanied or joined by spouses and unmarried minor (or dependent) children.
Office of Refugee Resettlement (ORR)
Department of Health and Human Services, established by the Refugee Act of 1980, funds and administers programs for resettled refugees through the states and other service providers. Other groups of non-citizens eligible for these same programs include asylees, Cuban-Haitian entrants, Amerasians, and victims of trafficking. These programs help clients achieve economic self-sufficiency, develop English skills and otherwise assimilate into communities in the United States.
ORR
See Office of Refugee Resettlement.
Panel Physician
A medical doctor practicing overseas who is appointed by the local U.S. Embassy or Consulate to provide examinations for immigrants. The doctor must meet requirements established by the CDC (Center for Disease Control and Prevention) and USCIS (U.S. Citizenship and Immigration Services). For medical examinations given in the U.S., please see Civil Surgeon.
Parole
Parole is not considered formal admission to the United States and confers temporary status only. Parolees must leave when the reasons for their parole cease to exist. Types of parole include:
- Deferred inspection: Authorized at the port on arrival; may be decided by an immigration inspector when someone appears at a port of entry with documentation, but after preliminary examination, some question remains about their admissibility which can best be answered at their point of destination.
- Advance parole: Authorized at an USCIS District office before an individual arrives; may be issued to non-citizens living in the United States (other than lawful permanent residents) who need to travel unexpectedly and who would not otherwise be allowed to return to the United States if they depart.
- Port-of-entry parole: Authorized at the port on arrival; applies to a wide variety of situations and is used at the discretion of the supervisory immigration inspector, usually to allow short periods of entry. Examples include allowing individuals who could not be issued the necessary documentation within the required time period, or who were otherwise inadmissible, to attend a funeral and permitting the entry of emergency workers, such as fire fighters, to assist with an emergency.
- Humanitarian parole: authorized at USCIS headquarters or overseas District Offices for "urgent humanitarian reasons" specified in the law. It is used in cases of medical emergency and comparable situations.
- Significant Public Benefit Parole: Authorized at USCIS headquarters Office of International Affairs for "significant public benefit" specified in the law. It is generally used for individuals who enter to take part in legal proceedings when there is a benefit to the government.
- Overseas parole: Authorized at an USCIS District or sub office while the person is still overseas; designed to constitute long-term admission to the United States. In recent years, most of the individuals USCIS has processed through overseas parole have arrived under special legislation or international migration agreements.
Parolee
A parolee is a foreigner who appears to be inadmissible to the immigration inspector but is allowed into the United States, usually for urgent humanitarian reasons or when that alien’s entry is determined to be for significant public benefit.
Permanent Resident
Any person not a citizen of the United States who lives in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as "Permanent Resident Alien,” "Lawful Permanent Resident," "Resident Alien Permit Holder," and "Green Card Holder."
Permanent Resident Alien
An individual admitted to the United States as a lawful permanent resident. Permanent residents are also commonly referred to as immigrants although the Immigration and Nationality Act (INA) defines any alien in the United States as an immigrant unless specifically admitted as a nonimmigrant. An illegal alien would therefore be strictly defined as an immigrant under the INA but is not a permanent resident alien. Lawful permanent residents are legally accorded the privilege of living permanently in the United States. They may have received immigrant visas from the Department of State overseas or have adjusted to permanent resident status in the United States after applying with the U.S. Citizenship and Immigration Services.
Port of Entry
Any place in the United States or its territories that is designated as a point of entry for aliens and U.S. citizens. All district and files control offices are also considered ports since they become locations of entry for individuals already in the United States and adjusting to immigrant status.
Principal Alien
The individual who applies for immigrant status from whom another alien may derive lawful status under immigration law or regulations (usually spouses and minor unmarried children).
Priority Date
The priority date is the date a petition was filed with the USCIS by someone in the United States asking for an immigrant benefit for an alien (the beneficiary). If the beneficiary has a priority date on or before the date listed in the U.S. State Department’s monthly visa bulletin, then he or she is currently eligible to apply for the visa.
PRM
The Department of State’s Bureau of Population, Refugees and Migration (PRM) is responsible for developing and coordinating refugee admissions policies and for management of resettlement programs.
PWA
Present without authorization, a term used by immigration enforcement to indicate aliens who entered without inspection (EWI) or violated the terms of their status.
Glossary, R-Z
R&P
Reception and Placement (R&P) services are the initial resettlement services provided to refugees over their first 90 days in the United States by voluntary resettlement agencies under cooperative agreement with the U.S. Department of State. These agencies assist newly arrived refugees with housing, referral to health and social services, and strategies to become socially and financially self-reliant.
Refugee
Any person who is outside his or her country of nationality who is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution. Persecution or the fear of persecution must be based on the alien’s race, religion, nationality, membership in a particular social group, or political opinion. People with no nationality must generally be outside their country of last habitual residence to qualify as a refugee. Refugees are subject to ceilings by geographic area set annually by the President in consultation with Congress and are eligible to adjust to lawful permanent resident status after one year of continuous presence in the United States.
Refugee Approvals
The number of refugees approved by the USCIS for admission to the United States during a fiscal year.
Refugee Arrivals
The number of refugees admitted to the United States through ports of entry during a fiscal year.
Refugee Authorized Admissions
The maximum number of refugees that may enter the
United States in a given fiscal year. As set forth in the Refugee Act of 1980 (Public Law 96- 212) the President determines the annual figure after consultations with Congress.
Refugee Services (RS)
Refugee Services, under the supervision of the State Refugee Coordinator in the Florida Department of Children and Families, administers a variety of programs through state, county and local agencies and non-profit organizations to provide services to refugees and other eligible clients. With funding provided by the federal government’s Office of Refugee Resettlement, RS facilitates cash and medical assistance, employment preparation and
job placement, skills training, English language training, social adjustment programs including youth and elderly services.
Refugee-Parolee
A qualified applicant for conditional entry, between February 1970 and April 1980, whose application for admission to the United States could not be approved because of inadequate numbers of seventh preference visas. As a result, the applicant was paroled into the United States under the parole authority granted to the Attorney General.
Removal
The expulsion of an alien from the United States. This expulsion may be based on grounds of inadmissibility or deportability.
Required Departure
See Voluntary Departure.
Resettlement
Permanent relocation of refugees in a place outside their country of origin to allow them to establish residence and become productive members of society there. Refugee resettlement is accomplished with the direct assistance of private voluntary agencies working with the Department of State Bureau of Population, Refugees and Migration (PRM). Some refugees apply directly to the U.S. Government under criteria established annually; others must be referred by the UN High Commissioner for Refugees to be considered.
Resident Alien
Applies to non-U.S. citizens currently living in the United States. The term is applied in three different manners; please see Permanent Resident, Conditional Resident, and Returning Resident.
Returning Resident
Any Lawful Permanent Resident who has been outside the United States and is returning to the United States. If outside the country for more than one year and returning to his or her permanent residence in the United States, a returning resident usually must have reentry documentation from USCIS or an immigrant visa from the Department of State. Also defined as a "special immigrant."
RS
See Refugee Services.
Safe Haven
Temporary refuge given to migrants who have fled their countries of origin to seek protection or relief from persecution or other hardships, until they can return to their countries safely or, if necessary until they can obtain permanent relief from the conditions they fled.
SAVE
See Systematic Alien Verification for Entitlements (SAVE) Program.
Service Centers
Four offices established to handle the filing, data entry, and adjudication of certain applications for immigration services and benefits. Service Centers accept applications only by mail and do not receive walk-in applications or questions.
SIJ
See Special Immigrant Juvenile.
Special Immigrant Juvenile (SIJ)
Minors from other countries who are unaccompanied or placed by court order in long-term foster care because of abuse, neglect, or abandonment may be eligible to petition USCIS as a “special immigrant” to adjust their status to permanent resident if the court has determined that the child should not be returned to his country or family members. See also Unaccompanied Minor (UAM), Unaccompanied Refugee Minor (URM). According to USCIS guidance, an individual classified as SIJ is considered to be paroled in order to adjust status. SIJ’s who are Cuban or Haitian should therefore be considered to have met the definition of a Cuban-Haitian entrant prior to adjustment.
Sponsor
Sponsor is used in several different ways in relation to immigration. The term "sponsor" often means to bring to the United States or "petition for". The term may mean the family member or employer who files the petition (I-130). The term is also used for a refugee or asylee who file a petition (I-730) for a relative. Another meaning of the term "sponsor" is a person who completes Form I-864, Affidavit of Support. A sponsor may also refer to a voluntary nonprofit or governmental agency that agrees to serve as the legal sponsor of refugees arriving in the United States under contract with the U.S. Department of State.
State Refugee Coordinator
In each state that resettles refugees, an appointed State Refugee Coordinator coordinates public and private resources under a State Plan to deliver services to refugees and other eligible clients. Under an executive order issued by Florida’s governor, the Department of Children and Families is Florida’s lead agency and the Secretary of Children and Families is designated as the State Coordinator.
Sub offices
Offices found in some Districts that serve a portion of the District’s jurisdiction. A Sub office, headed by an Officer-in-Charge, provides many services and enforcement functions. Their locations are determined, in part, to increase convenience to INS’ customers.
Systematic Alien Verification for Entitlements (SAVE)
The SAVE Program gives Federal, state, and local government agencies and licensing bureaus information on immigration status to determine a non-citizen applicant's eligibility for many public benefits. The SAVE Program also administers employment verification pilot programs that enable employers to quickly and easily verify the work authorization of their newly hired employees.
Temporary Protected Status (TPS)
A legal status that allows a group of persons temporary refuge in the United States. Under a provision of the Immigration Act of 1990, the Attorney General may designate nationals of a foreign state eligible for TPS by finding that conditions in that country pose a danger to personal safety due to ongoing armed conflict or an environmental disaster. Grants of TPS are initially made for periods of 6 to 18 months and may be extended depending on the situation. Removal proceedings are suspended against aliens while they are in Temporary Protected Status.
Temporary Resident
See Nonimmigrant.
Temporary Worker
A foreigner coming to the United States to work for a temporary period of time. The Immigration Reform and Control Act of 1986 and the Immigration Act of 1990, as well as other legislation, revised the categories of nonimmigrant admission.
Trafficking Victim
The Trafficking Victims Protection Act of 2000, Pub. L. No. 106-386, makes adult victims of severe forms of trafficking who have been certified by the U.S. Department of Health and Human Services (HHS) eligible for benefits and services to the same extent as refugees. Victims of severe forms of trafficking who are under 18 years of age are also eligible for benefits to the same extent as refugees but do not need to be certified.
U.S. Citizenship and Immigration Services (USCIS)
Bureau of the Department of Homeland Security responsible for deciding applications for immigrant benefits and naturalization, and for establishing immigration service policies and priorities.
UAM
See Unaccompanied Refugee Minor.
Unaccompanied Refugee Minor (URM)
A refugee child under 18 years old who is separated from both parents and is not being cared for by an adult who, by law or custom, is responsible for him or her. Children eligible for the Unaccompanied Refugee Minor Program (URM) are under age 18, and are: refugees (URM status is granted overseas), entrants (Reclassified to URM status after arrival), asylees (Reclassified to URM status when they are granted asylum), or victims of severe a severe form of trafficking. ORR’s Unaccompanied Refugee Minors Program assists unaccompanied minor refugees and entrants receive foster care and other refugee services and benefits.
UNHCR
See United Nations High Commissioner for Refugees.
United Nations High Commissioner for Refugees (UNHCR)
The UN agency charged with leading international action to safeguard the rights and well-being of refugees and resolve refugee problems worldwide.
USCIS
See U.S. Citizenship and Immigration Services.
Visa
A document that allows the bearer to apply to enter the U.S.; a visa does not give the bearer the right to enter the United States. The visa gives information only on the period the individual is permitted to apply for entry and on the visa classification (e.g. student (F), visitor (B), temporary worker (H)), or immigrant category. The Department of State (DOS) is responsible for visa adjudication at U.S. Embassies and Consulates outside of the U.S. Customs and Border Protection (CBP) immigration inspectors at a port of entry determine if the bearer may enter the United States, how long he or she may stay, and under what conditions.
Visa Waiver Program
Allows citizens of some countries, traveling temporarily to the United States as visitors for pleasure or business, to enter the United States without obtaining nonimmigrant visas. Admission is for no more than 90 days. The program was instituted by the Immigration Reform and Control Act of 1986 (entries began 7/1/88). Under the Guam Visa Waiver Program, certain visitors from designated countries may visit Guam only for up to 15 days without first having to obtain nonimmigrant visitor visas.
VISAS 92 (V-92)
A term referring to a beneficiary (following-to-join) of an I-730 petition filed by a person granted asylum in the United States.
VISAS 93 (V-93)
A term referring to a beneficiary (following-to-join) of an I-730 petition filed by a person admitted to the United States as a refugee.
VOLAG
Voluntary agencies (Volag) are nongovernmental agencies, faith-based as well as other non-profit organizations in the private sector. The refugee resettlement program is implemented by a partnership of these agencies and U.S. government agencies, both overseas and in the United States.
Voluntary Departure
The departure of an alien from the United States without an order of removal. The departure may or may not have been preceded by a hearing before an immigration judge. An alien allowed to voluntarily depart concedes removability but is not barred from seeking admission at any time. Failure to depart within the time allowed results in a fine and a ten-year bar to several forms of relief from deportation.
Withdrawal
An arriving alien’s voluntary retraction of an application for admission to the United States in lieu of a removal hearing before an immigration judge or an expedited removal. Withdrawals are not included in nonimmigrant admission data.