EXCERPT FROM Guid E To Immigrant Elig Ib Ility For Fed .

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EXCERPT FROMGuide to Immigrant Eligibility for Federal Programs 2002 National Immigration Law Center – 4th ed. Reprinted with permission.To order copies: NILC Publications (213) 639-3900, x. 3, or visit www.nilc.org.Immigration DocumentsImmigration DocumentsIntroductionIdentifying an immigrant’s status to determine whether he or she is eligible for benefits is notsimply a matter of asking the immigrant for a particular document. Immigrants with similardocuments might have different immigration statuses and therefore be eligible for differentbenefits.Table of ContentsTo make an accurate determination, you must be able to read the document to discover what itsays about the person’s immigration status, then match that information to the immigranteligibility rules described in Part 2 of this Guide.Page #The documents shown in this section are examples to be used for educational purposes only.Since documentsissued.by the Immigration and Naturalization Service (INS) frequentlyIntroductioniichange, the documents and codes presented here are not exhaustive. If you are trying tocompare a document to those shown in this Guide, and you find that it is not here or that itImmigration Documents by Number . 48contains codes different from those listed here, do not assume that the document you are tryingto compare is invalid. Instead, consult an immigration law expert for advice about how toproceed.Immigration Documents by Status . 49U.S. CitizensandintoNationals.Most noncitizenswho comecontact withthe INS are given an “alien” (or “A”) number.To keep track of an individual’s immigration file, the INS uses this number, along with theperson’sTypicalname anddate of birth.Most immigrationdocumentsinclude a reference to theCitizenshipDocuments– Table4 .individual’s “A” number. In some cases, an individual may have more than one “A” number,as a resultof multiplecontacts withthe INS.SampleCitizenshipDocuments.535456Typical Documents for “Qualified” Immigrants – Table 5 . 61Typical Documents for Other Immigrants – Table 6 . 63Sample Lawful Permanent Resident (LPR) Documents and Codes . 64Sample Documents and Codes for Other Statuses . 75Sample Employment Authorization Documents and Codes . 87Other Common Immigration Documents . 91iii

EXCERPT FROMGuide to Immigrant Eligibility for Federal Programs 2002 National Immigration Law Center – 4th ed. Reprinted with permission.To order copies: NILC Publications (213) 639-3900, x. 3, or visit www.nilc.org.Immigration DocumentsIntroductionIdentifying an immigrant’s status to determine whether he or she is eligible for benefits is notsimply a matter of asking the immigrant for a particular document. Immigrants with similardocuments might have different immigration statuses and therefore be eligible for differentbenefits.To make an accurate determination, you must be able to read the document to discover what itsays about the person’s immigration status, then match that information to the immigranteligibility rules described in Part 2 of this Guide.The documents shown in this section are examples to be used for educational purposes only.Since documents issued by the Immigration and Naturalization Service (INS) frequentlychange, the documents and codes presented here are not exhaustive. If you are trying tocompare a document to those shown in this Guide, and you find that it is not here or that itcontains codes different from those listed here, do not assume that the document you are tryingto compare is invalid. Instead, consult an immigration law expert for advice about how toproceed.Most noncitizens who come into contact with the INS are given an “alien” (or “A”) number.To keep track of an individual’s immigration file, the INS uses this number, along with theperson’s name and date of birth. Most immigration documents include a reference to theindividual’s “A” number. In some cases, an individual may have more than one “A” number,as a result of multiple contacts with the INS.ii

48EXCERPT FROMI MMIGRATION S TATUSGuide to Immigrant Eligibility for Federal Programs 2002 National Immigration Law Center – 4th ed. Reprinted with permission.To order copies: NILC Publications (213) 639-3900, x. 3, or visit www.nilc.org.List of Documents by Document NumberNUMBERNAMEI-94Arrival/Departure RecordKey to I-94Affidavit of Support (traditional version)Resident Alien CardKey to I-551 and I-151 CardsMemorandum of Creation of Record of Lawful Permanent ResidenceCanadian Border Crossing CardMexican Border Crossing CardU.S. Citizen I.D. CardU.S. Citizen I.D. CardVoluntary DepartureOrder to Show CauseReentry PermitMexican Border Visitors PermitParole AuthorizationPermanent Resident CardKey to I-551 and I-151 CardsStamp in Foreign PassportRefugee Travel DocumentMexican Border Crossing CardTemporary Resident Card under the 1986 Amnesty ProgramEmployment Authorization for Applicants under the 1986 Amnesty ProgramEmployment Authorization Document (EAD)Employment Authorization Document (EAD)Key to Employment Authorization CardsNotice of ActionNotice to AppearAffidavit of Support (enforceable version)Certificate of NaturalizationCertificate of CitizenshipCertificate of CitizenshipCertificate of NaturalizationMexican or Canadian Nonimmigrant Visa/Border Crossing CardDecision Granting AsylumHHS Certification LetterOrder Granting Suspension of DeportationOrder Granting Cancellation of -2 ide to Immigrant Eligibility for Federal Programs 2002 N I L C

EXCERPT FROMGuide to Immigrant Eligibility for Federal Programs 2002 National Immigration Law Center – 4th ed. Reprinted with permission.To order copies: NILC Publications (213) 639-3900, x. 3, or visit www.nilc.org.I MMIGRATION D OCUMENTSList of Documents by StatusCITIZENSHIP .S. Citizen I.D. CardU.S. Citizen I.D. CardCertificate of NaturalizationCertificate of CitizenshipCertificate of CitizenshipCertificate of NaturalizationPAGE575756575756DOCUMENTS RELATING TO LPR STATUSI-151I-181I-327I-551I-551——Resident Alien CardKey to I-551 and I-151 CardsMemorandum of Creation of Record of Lawful Permanent ResidenceReentry PermitPermanent Resident CardKey to I-551 and I-151 CardsStamp in Foreign PassportOrder Granting Suspension of DeportationOrder Granting Cancellation of Removal666774716467667273DOCUMENTS RELATING TO OTHER IMMIGRATION 88I-797B-1/B-2 Visa/BCC——Arrival/Departure RecordKey to I-94Canadian Border Crossing CardMexican Border Crossing CardVoluntary DepartureMexican Border Visitors PermitParole AuthorizationRefugee Travel DocumentMexican Border Crossing CardTemporary Resident Card under the 1986 Amnesty ProgramNotice of ActionMexican or Canadian Nonimmigrant Visa/Border Crossing CardDecision Granting AsylumHHS Certification Letter7676868681868278867583867985DOCUMENTS RELATING TO EMPLOYMENT AUTHORIZATIONAND INDICATING IMMIGRATION STATUSI-688AI-688BI-766Employment Authorization for Applicants under the 1986 Amnesty ProgramEmployment Authorization Document (EAD)Employment Authorization Document (EAD)Key to Employment Authorization Cards89888788OTHER COMMON IMMIGRATION FORMSI-134I-221SI-862I-864Affidavit of Support (traditional version)Order to Show CauseNotice to AppearAffidavit of Support (enforceable version)N I L C Guide to Immigrant Eligibility for Federal Programs 20029295949149

EXCERPT FROMGuide to Immigrant Eligibility for Federal Programs 2002 National Immigration Law Center – 4th ed. Reprinted with permission.To order copies: NILC Publications (213) 639-3900, x. 3, or visit www.nilc.org.Documents Relating toCitizenship Status

EXCERPT FROMGuide to Immigrant Eligibility for Federal Programs 2002 National Immigration Law Center – 4th ed. Reprinted with permission.To order copies: NILC Publications (213) 639-3900, x. 3, or visit www.nilc.org.I MMIGRATION D OCUMENTSU.S. CITIZENS AND NATIONALSCitizenship through birth in the United States or naturalization. With the exception of the children of certain diplomats, all persons born in the United States and its territories acquire U.S. citizenship at birth. As discussed below, persons born abroad with at least one U.S. citizen parent mayalso acquire citizenship at birth. In addition, lawful permanent residents (LPRs) of the U.S. andcertain U.S. military veterans can become citizens through the process known as naturalization.Collective naturalization. Individuals born in certain territories became U.S. citizens collectivelythrough grants of citizenship made by the United States.Acquisition of citizenship through birth abroad. Individuals born abroad to U.S. citizen parent(s)may automatically be U.S. citizens at birth. Whether a person born abroad with at least one U.S.citizen parent became a citizen at birth depends on the law in effect at the time the person wasborn. Generally one parent (or in some cases, a grandparent) must have resided in the U.S. for aspecific period of time prior to the person’s birth. An immigrant child who has been adopted bya U.S. citizen and who has been admitted to the U.S. as an LPR may automatically acquire U.S.citizenship. Because of the complexity of the law in this area, individuals born abroad to U.S. citizen parents are often unaware that they are U.S. citizens.Derivative naturalization. Children under 18 years of age generally cannot apply to naturalize,but they may automatically become citizens as a result of the naturalization of their parents (orjust one parent, if that parent has custody of the children). This process is known as “derivativenaturalization.” The law governing derivative naturalization has been changed many times, andthe specific requirements differ depending upon the law in effect at the time a particularindividual’s parents naturalized. Because of the complexity of the law governing derivative naturalization, many individuals who in fact are U.S. citizens do not know that they derived citizenship when their parents naturalized.Noncitizen U.S. nationals. All U.S. citizens are also nationals of the United States, but some individuals who are U.S. nationals are not U.S. citizens. When the U.S. acquired certain island territories, Congress provided for the inhabitants of these territories to be citizens of their ownislands, and nationals of the United States. Noncitizen nationals owe permanent allegiance to theU.S., and may enter and work in the U.S. without restriction. At present, noncitizen nationalsinclude only (1) certain citizens of American Samoa and Swains Island, and (2) residents of theNorthern Mariana Islands who did not elect to become U.S. citizens.N I L C Guide to Immigrant Eligibility for Federal Programs 200253

54I MMIGRATION S TATUSEXCERPT FROMGuide to Immigrant Eligibility for Federal Programs 2002 National Immigration Law Center – 4th ed. Reprinted with permission.To order copies: NILC Publications (213) 639-3900, x. 3, or visit www.nilc.org.TABLE 4Typical Documents Indicating CitizenshipPrimaryevidence ofU.S. citizenship(most commondocuments thatby themselvesevidencecitizenship) a birth certificate showing birth in one of the 50 states, the District of Columbia, Puerto Rico(on or after Jan. 13, 1941), Guam, the U.S. Virgin Islands (on or after Jan. 17, 1917), or theNorthern Mariana Islands (on or after Nov. 4, 1986), unless the person was born to foreigndiplomats residing in the U.S. (note: persons born in Puerto Rico, the U.S. Virgin Islands, or theNorthern Mariana Islands before these territories became part of the U.S. may be citizens throughcollective naturalization, as explained below); a U.S. passport; INS Forms I-179 (U.S. Citizen ID Card), I-197 (Citizen ID Card), N-560 (Certificate of Citizenship),I-872 (American Indian Card, for members of the Texas Band of Kickapoo), I-873 (Northern MarianasCard, for U.S. citizens from the Commonwealth of the Northern Marianas), N-561 (Certificate ofCitizenship), N-550 (Certificate of Naturalization), and N-570 (Certificate of Naturalization); Consular Forms FS-240 (Report of Birth Abroad), FS-545 (Certificate of Report of Birth), and DS-1350(Certification of Report of Birth); Northern Mariana Identification Card (issued before Nov. 3, 1986, then replaced by the I-873); statement of consular official certifying that individual derived citizenship upon naturalization ofhis or her parent; and American Indian Card with classification KIC (identifying the bearer as a member of the Texas band ofKickapoo Indians; the current version is the I-872).Secondaryevidence ofU.S. citizenship(other evidencethat establishescitizenship) a religious record showing birth in one of the 50 states, the District of Columbia, Puerto Rico (on orafter Jan. 13, 1941), Guam, the U.S. Virgin Islands (on or after Jan. 17, 1917), or the Northern MarianaIslands (on or after Nov. 4, 1986), unless the person was born to foreign diplomats residing in the U.S.The record must have been recorded within three months after the birth and show that the birthoccurred within the jurisdiction and the date of birth or the individual’s age at the time the record wasmade. evidence of civil service employment by the U.S. government before June 1, 1976; early school records (preferably from the individual’s first school) showing the date of admission to theschool, the individual’s date and place of birth, and the name(s) and place(s) of birth of the parent(s); census record showing name, U.S. citizenship or a U.S. place of birth, and date of birth or age ofapplicant; adoption finalization papers showing the child’s name and place of birth in one of the 50 states, theDistrict of Columbia, Puerto Rico (on or after Jan. 13, 1941), Guam, the U.S. Virgin Islands (on or afterJan. 17, 1917), American Samoa, Swain’s Island or the Northern Mariana Islands (unless the personwas born to foreign diplomats residing in the U.S.), or, where the adoption is not finalized and the stateor other jurisdiction will not release a birth certificate prior to final adoption, a statement from a stateapproved adoption agency showing the child’s name and place of birth in one of the above-listedjurisdictions (in this case the statement must indicate that an original birth certificate is the source ofthe information); and any other document that establishes a U.S. place of birth or in some way indicates U.S. ationpersons from Puerto Rico evidence of birth in Puerto Rico on or after Apr. 11, 1899, and the individual’s statement that he orshe was residing in the U.S., a U.S. possession, or Puerto Rico, on Jan. 13, 1941; and evidence that the individual was a Puerto Rican citizen and his or her statement that he or she wasresiding in Puerto Rico on Mar. 1, 1917, and that he or she did not take an oath of allegiance to Spain.persons from U.S. Virgin Islands evidence of the individual’s birth in the U.S. Virgin Islands, and his or her statement that he or shewas residing in the U.S., a U.S. possession, or the U.S. Virgin Islands on Feb. 25, 1927; the individual’s statement indicating residence in the U.S. Virgin Islands as a Danish citizen on Jan. 17,1917, and residence in the U.S., a U.S. possession, or the U.S. Virgin Islands on Feb. 25, 1927, andindicating that he or she did not make a declaration to maintain Danish citizenship; and evidence of birth in the U.S. Virgin Islands and the individual’s statement indicating residence in theU.S., a U.S. possession, or territory or the Canal Zone on June 28, 1932.Guide to Immigrant Eligibility for Federal Programs 2002 N I L C

EXCERPT FROMGuide to Immigrant Eligibility for Federal Programs 2002 National Immigration Law Center – 4th ed. Reprinted with permission.To order copies: NILC Publications (213) 639-3900, x. 3, or visit www.nilc.org.I MMIGRATION D OCUMENTSTABLE 4 (CONTINUED)Typical Documents Indicating tion(continued)persons from Northern Mariana Islands (NMI)(formerly part of the Trust Territory of the Pacific Islands (TTPI)) evidence of birth in the NMI, TTPI citizenship and residence in the NMI, the U.S., or a U.S. territoryor possession on Nov. 3, 1986 (NMI local time), and the individual’s statement that he or she didnot owe allegiance to a foreign state on Nov. 4, 1986; evidence of TTPI citizenship, continuous residence in the NMI since before Nov. 3, 1981 (NMIlocal time), voter registration prior to Jan. 1, 1975, and the individual’s statement that he or shedid not owe allegiance to a foreign state on Nov. 4, 1986; and evidence of continuous domicile in the NMI since before Jan. 1, 1974, and the individual’sstatement that he or she did not owe allegiance to a foreign state on Nov. 4, 1986(note: individuals who entered the NMI as nonimmigrants and lived in the NMI since Jan. 1,1974, do not meet the continuous domicile requirement and therefore are not U.S. th abroad evidence that both of the individual’s parents were U.S. citizens, and that at least one parent resided inthe U.S. or an outlying possession prior to the individual’s birth; evidence that one parent is a U.S. citizen and the other a U.S. noncitizen national, and that theU.S. citizen parent resided in the U.S. or a U.S. possession for a period of at least one year priorto the individual’s birth; for individuals born out of wedlock abroad to a U.S. citizen mother, evidence of the U.S. citizenship ofthe mother and, for births on or before Dec. 24, 1952, evidence that the mother had resided in theU.S. or a U.S. possession for a period of at least one year before the individual’s birth; for individuals born in the Canal Zone, a birth certificate showing birth on or after Feb. 26, 1904, andbefore Oct. 1, 1979, and evidence that one parent was a U.S. citizen at the time of the individual’sbirth; for individuals born in the Republic of Panama, a birth certificate showing birth on or after Feb. 26,1904, and before Oct. 1, 1979, and evidence that at least one parent was a U.S. citizen and employedby the U.S. government or the Panama Railroad Company or its successor in title; and for other situations where an individual was born abroad to one U.S. citizen parent and one noncitizenparent, the determination of whether the individual is a U.S. citizen depends upon the law that was ineffect at the time the individual was born. Generally the U.S. citizen parent (or in some cases, agrandparent) must have resided in the United States for a specific period of time prior to the person’sbirth. Persons in this situation should consult an immigration attorney to determine whether they arecitizens.DocumentsevidencingU.S. citizenshipthroughmarriage for women who married U.S. citizens prior to Sept. 22, 1922, evidence that the marriage took placeprior to this date and that the husband is a U.S. citizen; and women whose husbands were noncitizens who naturalized prior to Sept. 22, 1922, automaticallyacquired naturalized citizenship. If the marriage terminated, the woman maintain

Derivative naturalization. Children under 18 years of age generally cannot apply to naturalize, but they may automatically become citizens as a result of the naturalization of their parents (or just one parent, if that parent has custody of the children). This process is known as “derivative naturalization.”

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