Status and Documentation Requirements for the ORR Refugee Resettlement Program

Purpose

In order to access refugee resettlement program benefits, individuals must provide acceptable documentation of one of the statuses eligible for Office of Refugee Resettlement benefits and services.  The links below include documents that provide proof of these statuses. These documents may or may not provide proof of identity, nationality or entry date.

This guidance outlines: (1) the statuses and documents that confer eligibility for Refugee Resettlement Program benefits; (2) the documentation that is needed to prove an individual is eligible; and (3) a suggested process for making eligibility determinations.

Along with confirming status, eligibility determinations must include confirmation of identity, the date that an individual initially became eligible for benefits (i.e., "entry" date) and, in cases involving Cuban and Haitian entrants and Iraqi and Afghan Special Immigrants, nationality. More than one piece of documentation may be needed to make all of these determinations.¹ This guidance only discusses status documentation.²

Contents

• Process
• Status Requirements

Documentation requirements by population

• Paroled as a Refugee or Asylee
• Refugees 
• Asylees
• Cuban and Haitian Entrants
• Amerasians
• Lawful Permanent Residents
• Iraqi and Afghan Special Immigrants
• [Added 11/29/22] Afghan Humanitarian Parolees — see ORR PLs 22-01 (PDF) and 22-02 (PDF)
• [Added 11/29/22] Ukrainian Humanitarian Parolees — see ORR PL 22-13
• Unaccompanied Refugee Minors
• Victims of Human Trafficking

Limitations

ORR has attempted to gather a comprehensive list of documents that shows statuses conferring eligibility for ORR programs. However, DHS produces a variety of documents, some of which may be useful in a status determination but which, for a number of reasons, may not have been included in this Guide. Moreover, due to the complexity of certain categorical definitions, documentation alone may not definitively confirm eligibility in some cases. Noting these difficulties, ORR asks agencies to follow the process suggested above. If an agency has concerns or questions at any point during the process, please contact the Refugee Policy Unit, at RefugeeEligibility@acf.hhs.gov.

Proposed Rule

In August 1998, the Attorney General published a proposed rule, Verification of Eligibility for Public Benefits, 63 FR 41662, and ("Proposed Rule"). The Proposed Rule is not in force.  Agencies should follow the guidance in this Guide unless a final rule is issued by the Department of Homeland Security.

Process

ORR asks agencies to use the following process when determining eligibility for Refugee Resettlement Program benefits.

1. Eligibility workers should ask the applicant for a written declaration, under penalty of perjury, that he or she has an immigration status that makes him or her eligible for Refugee Resettlement Program benefits.
2. Eligibility workers should review documentation of immigration status as outlined in charts included with this Guide.
3. If status is supported by documents, eligibility workers may conclude that the applicant has a qualified status and continue with other eligibility verifications, such as verification of entry date and specific program requirements.
4. If unable to confirm status after checking documentation, which suggests eligibility, agencies should provide benefits while using other methods to verify status. Agencies, if connected with the U.S. Department of Homeland Security (DHS) Systematic Alien Verification for Entitlements (SAVE) system should follow standard SAVE procedures. If not connected to the SAVE system, agencies may verify an applicant’s status by mailing a U.S. Citizenship and Immigration Services (USCIS) Form G-845, Document Verification Request, with photocopies (front and back) of the applicant’s immigration document(s) to a designated Status Verification Operations Office.  In either case, the agency must have executed a Memorandum of Agreement with the SAVE Program. To learn more about SAVE or register for the program, agencies can visit www.uscis.gov/SAVE . In some cases, which are mentioned below, agencies may call the U.S. Department of Justice’s Executive Office for Immigration Review (EOIR) Automated Case Information Hotline at 800.898.7180.
5. If an agency follows the above procedures but remains uncertain about an applicant's status, please contact the Refugee Policy Unit, at RefugeeEligibility@acf.hhs.gov.

Status Requirements

Individuals with the following statuses are eligible for Refugee Resettlement Program benefits (See 45 CFR § 400.43(a) (1)-(6) or statutory provisions cited below):

1. Individuals paroled as refugees or asylees under § 212(d)(5) of the Immigration and Nationality Act (INA)
2. Refugees admitted under § 207 of the INA
3. Asylees whose status was granted under § 208 of the INA
4. Cuban and Haitian entrants, in accordance with the requirements in 45 CFR § 401.2³
   a. Any individual granted parole status as a Cuban/Haitian Entrant (Status Pending) or granted any other special status subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided
   b. A national of Cuba or Haiti who was paroled into the United States and has not acquired any other status under the INA and with respect to whom a final, non-appealable, and legally enforceable order of removal, deportation or exclusion has not been entered
   c. A national of Cuba or Haiti who is the subject of removal, deportation or exclusion proceedings under the INA and with respect to whom a final, non-appealable, and legally enforceable order of removal, deportation or exclusion has not been entered
   d. A national of Cuba or Haiti who has an application for asylum pending with DHS/USCIS or Department of Justice (DOJ)/EOIR and with respect to whom a final, non-appealable, and legally enforceable order of removal, deportation or exclusion has not been entered
5. Lawful permanent residents provided the individuals previously held one of the statuses identified above (Note that this does not refer to Amerasians who are admitted as lawful permanent residents, or to Iraqi and Afghan Special Immigrants. See #6 and # 7 below.)
6. Certain Amerasians from Vietnam who are admitted to the United States as immigrants pursuant to § 584 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (as contained in § 101(e) of Public Law 100-202), as amended (8 U.S.C. § 1101 note).
7. Iraqi and Afghan Special Immigrants per section 1244(g) of Div. A of Pub. L. 110-181, as amended (8 U.S.C. § 1157 note) and section 602(b) (8) of Div. F of Pub. L. 111-8, as amended (8 U.S.C. § 1101 note).
8. Victims of a severe form of trafficking in persons per the Victims of Trafficking and Violence Protection Act of 2000, Pub. L. No. 106-386, as amended, 22 U.S.C. § 7105(b) (1) (A) and (C).
   
   In addition to unaccompanied minors in the above categories, the following are eligible for the ORR Unaccompanied Refugee Minors (URM) Program:
    
9. Unaccompanied Minor with Special Immigrant Juvenile Status (SIJS) under 8 U.S.C. § 1101(a)(27)(J), who was in the custody of the Secretary of Health and Human Services at the time the dependency order was granted for such child or was receiving services pursuant to section 501(a) of the Refugee Education Assistance Act of 1980 (8 U.S.C. § 1522 note) at the time such dependency order was granted. 
10. Unaccompanied Minor who has been granted U status per section 101(a)(15)(U) of the Immigration and Nationality Act (8 U.S.C. § 1101(a)(15)(U)). 

Paroled as a Refugee or Asylee

Acceptable documents for individuals paroled as refugees or asylees under § 212(d)(5) of the INA⁴

Refugees

Acceptable documents for refugees admitted under § 207 of the INA

Asylees

Acceptable documents for asylees whose status was granted under §208 of the INA

Cuban and Haitian Entrants

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

Any individual granted parole status as a Cuban/Haitian Entrant (Status Pending) or granted any other special status¹³ subsequently established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the individual at the time assistance or services are provided

A national of Cuba or Haiti who was paroled into the United States and has not acquired any other status under the INA and with respect to whom a final, non-appealable, and legally enforceable order of removal, deportation or exclusion¹⁶ has not been entered

A national of Cuba or Haiti who is the subject of removal, deportation or exclusion proceedings¹⁹ under the INA and with respect to whom a final, non-appealable, and legally enforceable order of removal, deportation or exclusion²⁰ has not been entered

A national of Cuba or Haiti who has an application for asylum pending with the DHS/USCIS or with an EOIR Immigration Court or the Board of Immigration Appeals and with respect to whom a final, non-appealable, and legally enforceable order of removal, deportation or exclusion²¹ has not been entered.

Amerasians

Acceptable documents for certain Amerasians (see definition above)

Lawful Permanent Residents

Acceptable documents for lawful permanent residents who previously held one of the above identified statuses (Note that this does not refer to Amerasians or Iraqi and Afghan Special Immigrants, who are admitted as lawful permanent residents. See Amerasians  for all documents pertaining to that population.)

Iraqi and Afghan Special Immigrants

Acceptable documents for Iraqi and Afghan Special Immigrants

Unaccompanied Refugee Minors

Acceptable Documents for the ORR Unaccompanied Refugee Minors (URM) Program ²²

Victims of Human Trafficking

Acceptable Documents for Victims of a Severe Form of Trafficking in Persons

Footnotes

1. This Guide will not discuss documentation that confirms identity or nationality.  With a few exceptions noted below, this Guide will not discuss the “entry date” of applicants for ORR benefits and services. The entry date is the beginning date of period of eligibility for ORR benefits and services.  The entry date will be the date of admission to the U.S. in qualifying status, date of grant of qualifying status, or date of the Certification or Eligibility Letter to a Victim of a Severe Form of Trafficking.

2. This Guide includes the operative information from previous ORR State Letters on Status and Documentation Requirements for the Refugee Resettlement Program.  Those previous ORR State Letters are listed here: Refugees, Asylees, Cuban/Haitian Entrants, and Amerasians: # 00-17, #09-24; Refugees: # 02-04; Asylees:  #00-12, # 00-15, # 00-22, #04-14; Cuban/Haitian Entrants: #01-22, #02-03, # 05-03, # 07-14, # 10-03 ; Iraqi and Afghan Special Immigrants: #08-04, # 08-06, #09-02, # 09-17, # 10-02; Victims of Trafficking: #01-13, #02-01, #04-12, #08-09, #10-05; Special Immigrant Juvenile Status (SIJS): # 10-11; U Status: # 14-01; All categories: # 00-23

3. Eligibility workers should determine the date on which the Cuban or Haitian first became a Cuban or Haitian Entrant.  For example, a Cuban presenting with evidence of a recent parole might have been granted parole previously.  In such a scenario, the date of grant of the initial parole and not the date of the subsequent parole is the entry date for eligibility for ORR benefits and services.  Or in a case where the Cuban or Haitian was initially paroled, then later placed in removal proceedings, the date of the initial parole and not the date of placement in removal proceedings is the entry date for eligibility for ORR benefits and services.

4.  In April 2013 U.S. Customs and Border Protection (CBP) automated the Form I-94 at airports and seaports.  Depending on the circumstances of issuance, a Form I-94 may be the traditional paper card or may be an electronic printout.  See 8 C.F.R. § 1.4.

5. This status rarely has been granted since 1980. It is unlikely that eligibility workers will encounter this type of documentation. Eligibility workers may encounter other individuals, not refugees or asylees, who have been paroled under § 212(d) (5), as parole is used for the entry of individuals into the United States in many different situations. The documentation of other parolees under § 212(d) (5) may include language, such as "humanitarian" or "public interest parole." An example of a population with this documentation would be parolees who have received benefits under the "Lautenberg Amendment," a special provision that allows certain paroled nationals from the former Soviet Union, Vietnam, Laos or Cambodia to adjust their status after having resided in the United States for one year. These types of parolees under § 212(d) (5) are NOT eligible for ORR benefits. Only individuals who are listed as refugees or asylees are eligible under this provision. However, if the individual is a national of Cuba or Haiti, he or she may be eligible under the provisions concerning Cuban and Haitian entrants. (See documentation lists below for information on Cuban and Haitian entrants.)

6. In April 2013 U.S. Customs and Border Protection (CBP) automated the Form I-94 at airports and seaports.  Depending on the circumstances of issuance, a Form I-94 may be the traditional paper card or may be an electronic printout.  See 8 C.F.R. § 1.4.

7. The DHS Form I-571, which is a United States Refugee Travel Document, does not distinguish between refugees and asylees. An individual with a United States Refugee Travel Document may be a refugee or an asylee.

8.The inscription "Visas 93” generally accompanied by the inscription "Section 207” indicates that the person is the spouse or minor child, under the age of 21, of someone previously admitted to the U.S. as a refugee. This spouse or child is considered a derivative refugee in his or her own right and is included in regional ceilings and ORR's refugee data system. As a derivative refugee, he or she is eligible for all assistance and services under the Refugee Resettlement Program. The date of the spouse or child’s eligibility for time-limited services begins when they enter the U.S. It is not linked to the principal's date of arrival.

9. In April 2013 U.S. Customs and Border Protection (CBP) automated the Form I-94 at airports and seaports.  Depending on the circumstances of issuance, a Form I-94 may be the traditional paper card or may be an electronic printout.  See 8 C.F.R. § 1.4.

10. The DHS Form I-571, which is a United States Refugee Travel Document, does not distinguish between refugees and asylees. An individual with a United States Refugee Travel Document may be a refugee or an asylee.

11. If DHS has reserved its right to appeal, an Immigration Judge Order will not serve, on its own, as proof of asylee status. If an asylee brings an Immigration Judge Order that shows DHS has reserved its right to appeal, eligibility workers must wait 30 days from the date on the Immigration Judge Order. On or after the 31st day, the eligibility worker will need to call the Executive Office for Immigration Review (EOIR) Automated Case Information Hotline at (800) 898-7180 to find out whether the DHS has appealed the case. (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.) If the DHS has appealed the case, the individual is not yet an asylee and is not eligible for benefits. If DHS has not appealed the case and 30 days have passed since the date on the immigration Judge Order, the individual is an asylee and is eligible for ORR assistance and services.

12. The inscription "Visa 92” generally accompanied by the inscription "section 208” indicates that the person is the spouse or minor child of someone who has been granted asylum. This spouse or child is considered an asylee in his or her own right and is included in ORR’s refugee data system. As an asylee, he or she is eligible for all assistance and services under the Refugee Resettlement Program. The    date of eligibility for time-limited services begins when the spouse or child enters the U.S., it is not linked to the principal's date of arrival.

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

In addition, certain Haitians have been granted Temporary Protected Status (TPS) since 2010.  TPS is not a “special status” for Cuban/Haitian Entrant purposes.  However, TPS beneficiaries may obtain an “advance parole” document to travel abroad.  If a Haitian TPS beneficiary has an I-94 or other entry document indicating that he or she was subsequently permitted to re-enter the United States in “parole” or the I-94 is marked “paroled/TPS,” then the parole entry may permit the individual to be a Cuban/Haitian Entrant.  If the document only indicates TPS and does not indicate “parole” in any manner, he or she may not be a Cuban/Haitian Entrant.  Please contact USCIS for verification of possible Cuban/Haitian Entrant status for Haitians with TPS who appear to have traveled abroad and returned to the United States. Provide USCIS with a copy of the documentation that the individual presents.

14. In April 2013 U.S. Customs and Border Protection (CBP) automated the Form I-94 at airports and seaports.  Depending on the circumstances of issuance, a Form I-94 may be the traditional paper card or may be an electronic printout.  See 8 C.F.R. § 1.4.

15.  Except for a Cuban or Haitian paroled for purposes of criminal prosecution or solely to testify as a witness.  See 8 C.F.R. § 212.5(h)(2).

16. The question of whether there is a final, non-appealable, legally enforceable order of removal, deportation or exclusion is essentially a legal determination that cannot simply be made by reviewing any of the listed documents. Moreover, it is not a decision that can be easily made by eligibility workers in the regular course of eligibility determinations. ORR suggests that in addition to reviewing the documentation described above, eligibility workers attempt to use other methods to uncover this information, such as calling the EOIR case status line at (800) 898-7180.  Agencies, if connected with the DHS SAVE system should follow standard SAVE procedures. If not connected to the SAVE system, agencies may verify an applicant’s status by mailing a U.S. Citizenship and Immigration Services (USCIS) Form G-845, Document Verification Request, with photocopies (front and back) of the applicant’s immigration document(s) to a designated Status Verification Operations Office.  In either case, the agency must have executed a Memorandum of Agreement with the SAVE Program. To learn more about SAVE or register for the program, agencies can visit www.uscis.gov/SAVE .

Note that these methods may not be definitive. If an applicant appears eligible from the available information, the agency should provide benefits while conducting further investigation. If, after reviewing documents and attempting to determine whether there is a final, non-appealable, legally enforceable order of removal, deportation or exclusion, an eligibility worker remains uncertain about an applicant's eligibility, please contact the Refugee Policy Unit, at RefugeeEligibility@acf.hhs.gov.

17.  As treatment of Cuban and Haitian entrants has developed, DHS officials, on occasion, may have used notations on the I-94s of Cuban and Haitian entrants that are not listed above. Eligibility workers may see various notations that convey parole. For example, eligibility workers, in the past, may have seen the notation, "EWI," which technically stands for "Entered Without Inspection" but was being used for individuals who were paroled. Please contact the Refugee Policy Unit, at RefugeeEligibility@acf.hhs.gov if you encounter unusual notations or if you are uncertain of the relevance of a particular notation.

18. In April 2013 U.S. Customs and Border Protection (CBP) automated the Form I-94 at airports and seaports.  Depending on the circumstances of issuance, a Form I-94 may be the traditional paper card or may be an electronic printout.  See 8 C.F.R. § 1.4.

19. Although the above documents show that proceedings have been initiated in a case, they cannot confirm that proceedings are continuing. In order to confirm that proceedings are continuing, eligibility workers will need to use other methods, such as calling the EOIR Automated Case Information Hotline at (800) 898-7180.  Agencies, if connected with the DHS SAVE system should follow standard SAVE procedures. If not connected to the SAVE system, agencies may verify an applicant’s status by mailing a U.S. Citizenship and Immigration Services (USCIS) Form G-845, Document Verification Request, with photocopies (front and back) of the applicant’s immigration document(s) to a designated Status Verification Operations Office.  In either case, the agency must have executed a Memorandum of Agreement with the SAVE Program. To learn more about SAVE or register for the program, agencies can visit www.uscis.gov/SAVE .

If an eligibility worker cannot determine whether proceedings are ongoing, please contact the Refugee Policy Unit, at RefugeeEligibility@acf.hhs.gov.

20. The question of whether there is a final, non-appealable, legally enforceable order of removal, deportation or exclusion is essentially a legal determination that cannot simply be made by reviewing any of the listed documents. Moreover, it is not a decision that can be easily made by eligibility workers in the regular course of eligibility determinations. ORR suggests that in addition to reviewing the documentation described above, eligibility workers attempt to use other methods to uncover this information, such as calling the EOIR Automated Case Information Hotline  at (800) 898-7180.  Agencies, if connected with the DHS SAVE system should follow standard SAVE procedures. If not connected to the SAVE system, agencies may verify an applicant’s status by mailing a U.S. Citizenship and Immigration Services (USCIS) Form G-845, Document Verification Request, with photocopies (front and back) of the applicant’s immigration document(s) to a designated Status Verification Operations Office.  In either case, the agency must have executed a Memorandum of Agreement with the SAVE Program. To learn more about SAVE or register for the program, agencies can visit https://www.uscis.gov/SAVE.
Note that these methods may not be definitive. If an applicant appears eligible from the available information, the agency should provide benefits while conducting further investigation. If, after reviewing documents and attempting to determine whether there is a final, non-appealable, legally enforceable order of removal, deportation or exclusion, an eligibility worker remains uncertain about an applicant's eligibility, please contact the Refugee Policy Unit, at RefugeeEligibility@acf.hhs.gov.

21. The question of whether there is a final, non-appealable, legally enforceable order of removal, deportation or exclusion is essentially a legal determination that cannot simply be made by reviewing any of the listed documents. Moreover, it is not a decision that can be easily made by eligibility workers in the regular course of eligibility determinations. ORR suggests that in addition to reviewing the documentation described above, eligibility workers attempt to use other methods to uncover this information, such as calling the EOIR Automated Case Information Hotline at (800) 898-7180.  Agencies, if connected with the DHS SAVE system should follow standard SAVE procedures. If not connected to the SAVE system, agencies may verify an applicant’s status by mailing a U.S. Citizenship and Immigration Services (USCIS) Form G-845, Document Verification Request, with photocopies (front and back) of the applicant’s immigration document(s) to a designated Status Verification Operations Office.  In either case, the agency must have executed a Memorandum of Agreement with the SAVE Program. To learn more about SAVE or register for the program, agencies can visit www.uscis.gov/SAVE .

Note that these methods may not be definitive. If an applicant appears eligible from the available information, the agency should provide benefits while conducting further investigation. If, after reviewing documents and attempting to determine whether there is a final, non-appealable, legally enforceable order of removal, deportation or exclusion, an eligibility worker remains uncertain about an applicant's eligibility, please contact the Refugee Policy Unit, at RefugeeEligibility@acf.hhs.gov.; All categories: # 00-23

22. Refugees identified by the Department of State overseas who are eligible for resettlement in the U.S., but do not have a parent or a relative available and committed to providing for their long term care; refugees in cases where they become unaccompanied while living in the United States because there has been a family breakdown (see “Status Requirements” above)

23. Special Immigrant Juveniles in accordance with the requirements in 8 U.S.C. § 1232(d)(4).

24. U Nonimmigrants as authorized by 8 U.S.C. § 1232(d)(4).

25. The individual's entry date for benefits purposes is the certification date, which appears in the body of the  Certification Letter,  Eligibility Letter, or Interim Assistance Letter.   Certification and Eligibility Letters do not have expiration dates.  An Eligibility Letter retains its validity when the child becomes an adult and there is no need to obtain a Certification Letter upon reaching adulthood.

26. If benefit-granting agencies encounter an individual who they believe may meet the definition of a victim of a severe form of trafficking in persons they should call the National Human Trafficking Resource Center (NHTRC) at (888) 373-7888 to refer them to a service provider.  If agencies encounter a child who they believe may meet the definition of a victim of a severe form of trafficking in persons, they should contact an OTIP Child Protection Specialist at (202) 205-4582 or email ChildTrafficking@acf.hhs.gov, or call the NHTRC.