Qualified Noncitizens
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This subject includes a list of noncitizens that are potentially eligible for NA and CA.
Policy
A noncitizen is a person who is not a United States (U.S.) citizen by birth or by naturalization. A qualified noncitizen is a person lawfully residing in the U.S. with a classification status that allows potential eligibility for NA and CA. Qualified noncitizens are potentially eligible for NA and CA. When a participant in the household is not a qualified noncitizen, see nonqualified noncitizens for important information.
Participants are required to declare the immigration status of any noncitizen applying for NA or CA benefits. Noncitizens who meet the qualified noncitizen criteria are potentially eligible to receive NA and CA. A noncitizen is determined qualified by the Status and Class of Admission (COA) Code given by the United States Citizenship and Immigration Services (USCIS).
Qualified noncitizens have either temporary qualified status or permanent qualified status.
To determine whether a noncitizen with temporary qualified status is potentially eligible for NA and CA, see any of the following:
To determine whether a noncitizen with permanent qualified status is potentially eligible for NA and CA, see any of the following:
NOTE Most LPR’s come to the U.S. in a temporary status listed above. A noncitizen that enters the U.S. as an LPR is usually sponsored.
Amerasian
An Amerasian is a person who is admitted into the U.S. pursuant to section 584 of Public Law 100-202, as amended by Public Law 100-461.
Amerasians as qualified noncitizens are potentially eligible for NA or CA.
NOTE An Amerasian who is later granted LPR status is potentially eligible for NA and CA based on their previous status.
Amerasians may also qualify for benefits provided by the Refugee Resettlement Program (RRP). Their cases are processed at designated FAA Refugee Offices for the first 12 months in the United States.
Noncitizen participants who have one or more of the following annotated USCIS documents are considered qualified noncitizens and are potentially eligible for NA and CA:
●I-94 card or electronic admission record with any of the following Class of Admission (COA) Codes:
AM-1
AM-2
AM-3
●I-551, Permanent Resident Card (or Resident Alien Card) with any of the following Adjustment Codes:
AM-6
AM-7
AM-8
●Vietnamese Exit Visa or passport with any of the following codes:
AM-1
AM-2
AM-3
NOTE This document may or may not include a temporary I-551 stamp
Asylee
An asylee is a person who has been granted protection and immunity from extradition by USCIS.
A noncitizen granted asylee status is potentially eligible for NA and CA.
NOTE An asylee who is later granted LPR status is potentially eligible for NA and CA based on their previous status.
An asylee may also qualify for benefits provided by the Refugee Resettlement Program (RRP). Their cases are processed at special FAA Refugee Offices for the first 12 months in the United States.
Noncitizen participants who have one or more of the following annotated USCIS documents are considered qualified noncitizens and are potentially eligible for NA and CA:
●I-94 stamped admitted under Section 208
●I-688B (Employment Authorization) with the provision of law code 274a.12(a)(5)
●I-730 Approval letter
●I-766 (Employment Authorization) displaying A5
●I-571 (Refugee Travel Document)
●Approval letter from USCIS
●An order from an Immigration Judge granting asylum
●A written decision from the Board of Immigration Appeals
Battered Noncitizen
A battered noncitizen is a person who has suffered abuse or extreme cruelty while living with their abuser in the United States. Any of the following must have caused the abuse:
●Parent.
●Relative of the parent or spouse who resides in the same home as the battered noncitizen. The parent or spouse must not actively have participated in the battery or cruelty.
Only battered noncitizens designated as qualified are potentially eligible for NA and CA. To be a qualified battered noncitizen, the noncitizen is required to possess a Prima Facie Determination petition for immigration status. The petition may be in an approved or pending status. The petition may be in one of the following categories:
●Petition for Alien Relative (I-130) form filed by their spouse or the child’s parent
●A form I-130 petition as a widow or widower of a U.S. citizen
●Self-petition under the Violence Against Women Act (VAWA) application for cancellation of removal or suspension of deportation filed as a victim of domestic violence. The Self-Petition must be completed on the Petition for Amerasian, Widow(er), or Special Immigrant (I-360) form. Any of the following is eligible to complete a self-petition under VAWA:
Spouses abused by a U.S. citizen or an LPR. (This includes an intended spouse or a former spouse.) The spouse may also complete a self-petition for all their unmarried children under age 21 when the child has not completed their own petition.
Parents who complete a Self-Petition when they are abused by their U.S. citizen child and the abusive child is 21 or older. This includes stepparents.
Unmarried children under the age of 21 when they are abused by a U.S. citizen or LPR parent. This includes stepchildren or adopted children. When the abusive parent causes a delay in completing the Self-Petition, the I-360 may be completed after the abused person turns 21. The I-360 must be completed before their 25th birthday.
●The abuse occurred in the United States.
●The noncitizen no longer resides with the abusive person
The participant is required to write a statement providing all of the following information:
●The citizenship status of the abuser
●The participant’s relationship with the abuser
●When the abuse occurred
●When they moved away from the abuser
●Other than the Prima Facie determination petition, does the participant have any other USCIS documented status
For potential eligibility, qualified battered noncitizens are required to have five years in a qualified noncitizen status, unless they meet one of the following exemptions:
●LPR with 40 quarters (their own, their spouse’s when married (not ending in divorce), and a parents’ up until the child’s 18th birthday)
●Asylee
●Refugee
●Deportation withheld
●Cuban or Haitian entrant
●Amerasian
●Military connection – veteran, active, spouse, or dependent child
●Receiving benefits or assistance for blindness or disability
●For NA, lawful noncitizen children under the age of 18 automatically meet citizenship status
NOTE The date of legal entry into the U.S. and the length of legal residency are not NA eligibility requirements for legal noncitizen children under the age of 18.
●For CA, a lawful noncitizen is required to have entered the U.S. before 08/22/1996. When they entered the U.S. before 08/22/1996, they are required to provide all documentation verifying continuous residency in the United States.
NOTE Participant statement verification may be provided when documented or collateral contact verification does not cover any period of time since entry. The participant’s statement must explain where the participant was during the time the written and collateral contact verification does not cover.
For assistance, participants may contact the following legal resources:
●The Arizona Coalition Against Domestic Violence (AZCADV)
●The National Domestic Violence Hotline
Cuban or Haitian Entrant
A Cuban or Haitian Entrant is a person who has fled to the U.S. from either Cuba or Haiti to escape oppression, persecution, national distress, or environmental disasters. For Cuban or Haitian nationals who are not classified as Entrants, see Cuban or Haitian Nationals with Temporary Protected Status.
Cuban or Haitian Entrants are considered qualified noncitizens under Section 501(e) of the Refugee Education and Assistance Act (REAA) of 1980. There is no five-year waiting period for potential eligibility. This law defines a Cuban or Haitian Entrant as one of the following:
●Any person granted parole as a Cuban or Haitian Entrant (Status Pending) or granted any other special status. The status is established under the immigration laws for nationals of Cuba or Haiti, regardless of the status of the person at the time of assistance or when services are provided.
●Any other national of Cuba or Haiti who includes one or more of the following attributes:
Was paroled into the U.S. and has not acquired any other status under the Immigration and Nationality Act (INA).
Is the subject of removal proceedings under the INA.
Has an application for asylum pending with the INA.
Cuban or Haitian entrants are treated the same as refugees or asylees. As qualified noncitizens, they are potentially eligible for NA benefits indefinitely without a waiting period.
NOTE These noncitizens are not work eligible and therefore exempt from CA Jobs Program requirements.
Cuban or Haitian entrants may also qualify for benefits provided by the Refugee Resettlement Program (RRP). Their cases are processed at special FAA Refugee Offices for the first 12 months in the United States.
A Cuban or Haitian entrant who is later granted LPR status is potentially eligible for NA and CA based on their previous eligible status.
Cuban or Haitian participants can provide different documents as proof of their immigration status.
Noncitizen participants who have one or more of the following annotated USCIS documents are considered qualified noncitizens and are potentially eligible for NA and CA:
●Form I-94 - (Arrival/Departure Record) with a stamp noting “Cuban-Haitian Entrant” or “paroled into the United States on or after 04/21/1980, under 212(d)(5).” Some Cuban-Haitian Entrants may also have a Cuban or Haitian passport with a stamp noting “parole under 212(d)(5). I-94 may refer to humanitarian or public interest parole. The I-94 may be expired.)
●Form I-551 - Permanent Resident Card with a category code of CH6. Even after Cuban or Haitian Entrants (Status Pending) become permanent residents, they technically retain the status of Cuban or Haitian Entrant (Status Pending). The I-551 may be expired.
●DHS Form I- 862 - Notice to Appear
●DHS Form I-220A - Order of Release on Recognizance
●DHS Form I-221S - Order to Show Cause, Notice of Hearing, and Warrant of Arrest
●DHS Form I-122 - Notice to Applicant Detained for a Hearing Before an Immigration Judge
●DHS Form I-589 date stamped by the Executive Office for Immigration Review (EOIR) - Application for Asylum and Withholding of Removal. This person is subject to removal, deportation, or exclusion proceedings
●DHS Form I-485 date stamped by EOIR - Application to Register Permanent Residence or to Adjust Status. This person is subject to removal, exclusion, or deportation proceedings
●EOIR form 26 - Notice of Appeal, date stamped by the Office of the Immigration Judge
●I-766 Employment Authorization Document with the code C10 - Application for suspension of deportation/cancellation of removal submitted to DHS or EOIR
●I-688B Employment Authorization Document with the provision of law 274a.12(c)(10) - Application for suspension of deportation/cancellation of removal submitted
●Other applications for relief that have been date stamped by EOIR
●Other documentation pertaining to a noncitizen’s removal, exclusion, or deportation proceedings - Example: a notice of a hearing date before an Immigration Judge
●DHS receipt for filing Form I-589 - Application for Asylum and Withholding of Removal
●I-766 Employment Authorization document with the code C08
●I-688B Employment Authorization Document with the provision of law 274a.12(c)(8) - This is an older version of the employment authorization document
Cuban or Haitian Nationals with Temporary Protected Status
Cuban or Haitian nationals who are not classified as Entrants are granted Temporary Protected Status (TPS). A person on TPS is permitted to remain in the U.S. temporarily. On 05/22/2021, the Department of Homeland Security (DHS) granted TPS for Haitian nationals who reside in the U.S. as of 05/21/2021. Cuban or Haitian nationals who are granted TPS are not eligible for NA or CA until they have been in a qualified status for five years, or unless they meet other qualifying criteria.
Haitian Family Reunification Parole Program (HFRP)
The Haitian Family Reunification Parole Program (HFRP) allows Haitian beneficiaries of family-based immigrants the opportunity to apply for a grant of parole for approximately two years while residing in the U.S. with their families. Those approved for the HFRP are paroled into the U.S. as Cuban-Haitian entrants, allowing them to be eligible for NA benefits without a waiting period.
Noncitizen Whose Deportation is Withheld
A noncitizen whose deportation is withheld is a noncitizen whose continued presence in the U.S. is required by the U.S. government.
A noncitizen whose deportation is withheld is potentially eligible for NA and CA.
NOTE A noncitizen with deportation withheld status, who is later granted LPR status, is potentially eligible for NA and CA based on their previous status.
Noncitizen participants who have one or more of the following annotated USCIS documents are considered qualified noncitizens and are potentially eligible for NA and CA:
●I-94 with an order from an Immigration Judge showing any of the following:
Deportation withheld under 243(h)
Removal withheld under 241(b)(3)
●I-688B (Employment Authorization) with the provision of law code 274a.12(a)(10)
●I-766 (Employment Authorization) displaying A10
Indefinite Detainee
Indefinite Detainee status includes noncitizens who have served time in the U.S. for a criminal conviction and have been given formal orders to leave the country.
Indefinite Detainee status is granted by USCIS when the noncitizen is allowed to indefinitely remain in the U.S. because neither their home country nor any other country will accept them.
An Indefinite Detainee participant can be identified by an Order of Supervision (I-220B) USCIS form which should include all of the following:
●The participant's alien registration number
●A notation regarding U.S. exclusion, deportation, or removal
NOTE Indefinite Detainee participants may also have an Employment Authorization (I-688B) form displaying 274a.12(c)18.
Noncitizen participants who have one or more of the following annotated USCIS documents are identified as indefinite detainees:
●Order of Supervision (I-220B) form
●I-688B (Employment Authorization) with the provision of law code 274a.12(c)(18)
●I-766 (Employment Authorization) displaying A18
Whether an indefinite detainee is eligible for NA or CA is determined by their noncitizen status before their incarceration. The participant is required to provide one or more of the following (as many as possible) to FAA to determine their prior status:
●Name and date of birth
●Alien registration number
●Social Security number
●Home country
●I-94 number
●Parent's names
●Driver's license number
●Copies of any immigration documents (I-220B, I-688B, etc.)
Noncitizen Paroled into the United States
A parolee is a person who has been granted lawful temporary residency in the U.S. by USCIS for humanitarian reasons, or the public benefit.
To be potentially eligible for NA or CA, participants with parolee status are required to meet all of the following criteria:
●Granted for at least one year
●Granted under 212(d)(5) of the Immigration and Naturalization Act (INA)
These criteria do not apply to any of the following parolee participants:
●Parolees from Cuba or Haiti. (See Cuban or Haitian Entrant for the criteria of these parolees.)
●Afghan SI and Non-SI Parolees. (See Special Immigrant Visa Holder for the criteria of these parolees.)
●Ukrainian Humanitarian Parolees (UHP). (See Ukrainian Refugees for the criteria of these parolees
A parolee who has been granted LPR status is potentially eligible for NA or CA. (For CA, see Continuous Residency for additional information.)
Cuban, Haitian, Afghan, and Ukrainian parolees may also qualify for benefits provided by the Refugee Resettlement Program (RRP). Their cases are processed at special FAA Refugee Offices for the first 12 months in the United States.
Noncitizen participants who have one or more of the following annotated USCIS documents are considered qualified noncitizens and are potentially eligible for NA and CA:
●I-94 stamped paroled pursuant to Section 212(d)(5)
●I-688B (Employment Authorization) with the provision of law code 274a.12(a)(4)
●I-766 (Employment Authorization) displaying A4
●Letter from USCIS showing a grant of parole pursuant to Section 212(d)(5)
NOTE The document cannot be expired, and the expiration date has to be at least one year after the issuance date
Refugee
A Refugee is a person who has fled their country to escape invasion, oppression, or persecution.
Refugees, as qualified noncitizens, are potentially eligible for NA or CA.
NOTE A Refugee who is later granted LPR status is potentially eligible for NA and CA based on their previous status.
Refugees may also qualify for benefits provided by the Refugee Resettlement Program (RRP). Their cases are processed at special FAA Refugee Offices for the first 12 months in the United States.
Noncitizen participants who have one or more of the following annotated USCIS documents are considered qualified noncitizens and are potentially eligible for NA and CA:
●I-94 card or electronic admission record indicating admitted under Section 207
●I-688B (Employment Authorization) with the provision of law code 274a.12(a)(3)
●I-766 (Employment Authorization) displaying A3
●I-571 (Refugee Travel Document)
●Letter from USCIS granting admission as a refugee
Ukrainian Refugees
Effective 05/21/2022, the Ukrainian Humanitarian Parolees (UHP) and other non-Ukrainian individuals displaced from Ukraine are eligible for NA and CA Benefits without any waiting period. To qualify, they must meet all other eligibility requirements. This has been authorized under the Additional Ukraine Supplemental Appropriations Act, 2022 (AUSAA).
Once the eligibility period begins, it continues until the end of the individual’s parole term. The following criteria determines the eligibility period start date:
●The initial date of eligibility is 05/21/2022 when an individual was paroled and entered the U.S. between 02/24/2022, and 05/21/2022.
●When the date of entry in the U.S. is after 05/21/2022, the date of eligibility is the date humanitarian parole was granted.
Due to urgent humanitarian reasons, the Department of Homeland Security (DHS) has paroled the following individuals into the U.S. between 02/24/2022 and 09/30/2023:
●Ukrainian citizens or nationals, also known as an UHP, who received humanitarian parole status by DHS.
●Other non-Ukrainian individuals in response to their displacement from Ukraine and entry into the United States.
●A spouse or child of an UHP or non-Ukrainian individual who is paroled into the U.S. after 09/30/2023.
●A parent, legal guardian, or primary caregiver of an unaccompanied refugee minor or an unaccompanied child who is paroled into the U.S. after 09/30/2023.
Noncitizen participants who have one or more of the following annotated USCIS documents are considered qualified noncitizens and are potentially eligible for NA and CA:
●Form I-94 – with the notation of humanitarian parole (per INA section 212(d)(5) or 8 U.S.C. § 1182(d)(5))
●Foreign passport with DHS/Center for Border Protection (CBP) admission stamp with the notation of “DT”
●Foreign passport with DHS/CBP admission stamp with the Uniting for Ukraine or “U4U” notation
●Foreign passport with DHS/CBP admission stamp with Ukrainian Humanitarian Parolee or “UHP” notation
●Form I-765 - Employment Authorization Document (EAD) receipt notice with code C11
●Form I-766 - Employment Authorization Document (EAD) with code C11
Any one of the forms or stamps listed above for UHPs along with documentation of last habitual residence in Ukraine is acceptable verification of qualified noncitizen status. Acceptable documentation indicating last habitual residency in Ukraine includes an original Ukrainian government-issued document, such as a current driver’s license or identification card.
Effective 11/21/2022, certain Ukrainian parolees do not need a Form I‑766, Employment Authorization Document, to be employment authorized. The guidance applies to the following parolees when their parole has not expired or been terminated:
●Parolees with a Ukrainian Humanitarian Parolee (UHP) COA code
●Parolees with DT COA code when all of the following apply:
Paroled into the United States (U.S) between 02/24/2022, and 09/30/2023
The I‑94 indicates Ukraine as the country of citizenship
These parolees can present a copy of their electronic Form I-94, Arrival/Departure Record, from the U.S Customs and Border Protection (CBP) I-94 website at i94.cbp.dhs.gov. These parolees may also present one or more of the following documents:
●Paper Form I-94 with an UHP, or DT COA
●Foreign passport with parole stamp that includes an UHP, or DT COA
●Form I-766, Employment Authorization Document (EAD) with a C11 category, when they have applied for and received one.
The Form I-94 or parole stamp in a foreign passport also includes the date the individual was paroled into the United States.
When the information from the Form I‑94 or other documentation noted above matches federal immigration records, the Verify Legal Presence (VLP) provides an initial verification response of the Parolee. The response also includes the parole start and end date and COA. It should also include the country of citizenship and that the participant is employment authorized.
An initial VLP Parolee response with a UHP COA, or a DT COA with a parole start date between 02/24/2022, and 09/30/2023, along with Ukraine as the country of citizenship, is sufficient proof of employment authorization. Additional verification is not necessary. However, additional verification may be required in limited circumstances, such as when the participant information submitted by the user agency does not match federal immigration records.
Ukrainian refugees may also qualify for benefits provided by the Refugee Resettlement Program (RRP). Their cases are processed at special FAA Refugee Offices for the first 12 months in the United States.
NOTE Though Ukrainian refugees are generally sponsored, they are not Lawful Permanent Residents (LPRs). Therefore, Ukrainian refugees are exempt from the LPR sponsor deeming policy for both NA and CA.
Victim of Severe Trafficking
A victim of severe trafficking, also known as a trafficking victim, is certified by the Office of Refugee Resettlement (ORR) to have been subjected to one or more of the following:
●Commercial sex acts
●Debt bondage
●Involuntary servitude
●Peonage
●Slavery
All of the following applies to trafficking victims:
●They are not considered refugees by USCIS
●USCIS Arrival / Departure documents are not required
●The Trafficking Victim Protection Act of 2000 gives trafficking victims eligibility for the same benefits as refugees
A victim of severe human trafficking is potentially eligible for NA and CA.
NOTE A certified victim and the immediate family members of severe trafficking who are later granted LPR status are potentially eligible for NA and CA based on their previous status.
Though not considered refugees by USCIS, trafficking victims may also qualify for benefits provided by the Refugee Resettlement Program (RRP). Their cases are processed at special FAA Refugee Offices for the first 12 months in the United States.
Noncitizen participants who have one or more of the following annotated USCIS documents are considered qualified noncitizens and are potentially eligible for NA and CA:
●I-94 annotated with a T Visa or Derivative T Visa
●Passport annotated with a T Visa or Derivative T Visa
●I-797, Notice of Action, annotated with one of the following T Visa or Derivative T Visa Class of Admissions Codes:
T-1
T-2
T-3
T-4
T-5
Special Immigrant Visa Holder
Special Immigrant Visa (SIV) holders are people who enter the U.S. under a special visa issued by USCIS to Iraqi and Afghani citizens. These visas entitle the noncitizen to the same benefits and services as refugees.
NOTE Iraqi citizens were issued the SIV from 03/20/2003 through 09/30/2013.
Afghan arrivals or refugees admitted in the U.S. under the Operation Allies Welcome (OAW) generally fall within one of four arrival categories. OAW, formerly known as OAR (Operation Allies Refuge) is a United States Department of Homeland Security (DHS)-led effort across the federal government that began in 07/2021. The goal of this program is to support vulnerable Afghans as they safely resettle in the United States.
The following are the four arrival categories:
●Special Immigrant Lawful Permanent Resident (SI LPR)
●Special Immigrant Conditional Permanent Resident (SI CPR)
NOTE An SI CPR becomes an SI LPR after DHS removes the conditions on their LPR admission. When SI CPRs complete a medical examination and USCIS determines they are not medically inadmissible, DHS removes their conditions and they become an SI LPR.
●Special Immigrant Parolee (SI Parolee)
●Non-SI Parolee (sometimes referred to as a “humanitarian parole” or “OAR parole”)
NOTE Some Afghan arrivals may have been eligible for and admitted in one of many other immigration categories, either at the time of their arrival at a port of entry or through a change afterwards.
Noncitizen participants who have one or more of the following annotated USCIS documents are considered qualified noncitizens and are potentially eligible for NA and CA:
●Visa issued by USCIS verifying the noncitizen has been admitted under section 101(a)(27) of INA, and that indicates one of the following Class of Admission Codes:
SI1
SI2
SI3
SI6
SI7
SI9
SQ1
SQ2
SQ3
SQ6
SQ7
SQ9
An SIV may also qualify for benefits provided by the Refugee Resettlement Program (RRP). Their cases are processed at special FAA Refugee Offices for the first 12 months in the United States.
Afghan arrivals entering Arizona may contact a voluntary agency (VOLAG), also known as resettlement agency (RA). When the VOLAG or RA determines that a participant may be eligible for FAA assistance, VOLAG or RA staff assist the participant in completing the official FAA application. For more information about Afghan arrivals, see all of the following:
Afghan SI LPRs and SI CPRs
Afghan SI LPRs and SI CPRs meet the immigration status requirement for NA and CA benefits under section 602(b)(8) of the Afghan Allies Protection Act of 2009 (8 U.S.C. § 1101 note).
When all other eligibility requirements are met, these participants are eligible for NA and CA benefits indefinitely without a waiting period.
The SI LPRs generally have foreign passports with a DHS, Customs and Border Protection (CBP) stamp admitting them with any of the following Class of Admission (COA) Codes:
●SQ1 (Arrival - Principal)
●SQ2 (Arrival - Spouse of SQ1)
●SQ3 (Arrival - Unmarried Child of SQ1)
●SQ6 (Adjustment - Principal)
●SQ7 (Adjustment - Spouse of SQ6)
●SQ8 (Adjustment - Child of SQ6)
The SI CPRs generally have foreign-issued passports with a DHS, CBP stamp admitting them with any of the following COA Codes:
●CQ1 (Principal)
●CQ2 (Spouse of CQ1)
●CQ3 (Child of CQ1)
Some SI LPR or SI CPR arrivals may not have a physical immigrant visa or temporary Form I-551 stamp in their passport. USCIS also issues to these SI LPRs and SI CPRs a Form I-551 document titled Permanent Resident Card.
Afghan Special Immigrant (SI) Parolees and Non-SI Parolees
Afghan SI and Non-SI parolees are both paroled into the United States (U.S.) under section 212(d)(5) of the Immigration and Nationality Act (INA). Both groups may have a Form I-766, Employment Authorization Document (EAD), with a C11 category or a CBP “PAROLED” stamp in their passport.
All of the following Afghan SI and Non-SI parolee participants are eligible for NA and CA benefits without a waiting period effective 09/30/2021 until 03/31/2023 or until the end of their parole term, whichever is later:
●Afghan citizens or nationals paroled into the U.S. between 07/31/2021 and 12/16/2022
●Their spouses or children paroled after 12/16/2022
●Their parents and guardians paroled after 12/16/2022 when the Afghan citizen or national is an unaccompanied child
SI Parolees have a separate, printed page on CBP letterhead with their Form I-94, Arrival-Departure Record. SI Parolees are assigned one of the following COA Codes:
●SQ4 (Principal)
●SQ5 (Dependent)
The printed page contains information including the following notation, and is signed and dated by a USCIS officer:
Special Immigrant Status (SQ/SI) Parolee
Sec 602(b)(1) AAPA / Sec 1059(a) NDAA 2006
Date ______ USCIS officer: ______
Non-SI parolees may also have a Form I-94 printed from the CBP Form I-94 website with any of the following COA Codes:
●OAR (CBP implemented 08/2021)
●PAR, DT (these or other parole COAs used instead of OAR before 08/2021 and occasionally afterward)
Effective 11/21/2022, Non-SI parolees do not need a Form I‑766, Employment Authorization Document, to be employment authorized. The guidance applies when their parole has not expired or been terminated, and they have an OAR class of admission (COA) code.
These parolees can present a copy of their electronic Form I-94, Arrival/Departure Record, from the U.S Customs and Border Protection (CBP) I-94 website at i94.cbp.dhs.gov. These parolees may also present one or more of the following documents:
●Paper Form I-94 with DT COA
●Foreign passport with parole stamp that includes DT COA
●Form I-766, Employment Authorization Document (EAD) with a C11 category, when they have applied for and received one.
The Form I-94 or parole stamp in a foreign passport also includes the date the individual was paroled into the United States.
When the information from the Form I‑94 or other documentation noted above matches federal immigration records, The Verify Legal Presence (VLP) provides an initial verification response of the Parolee. The response also includes the parole start and end date and COA. It should also include the country of citizenship and that the participant is employment authorized.
American Indians Born Outside of the United States
American Indians(g) born outside of the U.S. who are enrolled in a federally recognized tribe are potentially eligible for NA and CA. United States residency is established before eligibility is determined.
All of the following are recognized as LPRs:
●American Indian tribal members enrolled in a federally recognized tribe (PDF 74 KB)
●Members of the federally recognized Tohono O’odham Tribe born on the Tohono O’odham reservation in Mexico
American Indians born in Canada and not enrolled in a federally recognized tribe may be considered as an LPR when they meet all of the following criteria:
●Possess at least 50% American Indian blood
●Establish residency in the United States.
NOTE USCIS has an expedited process for these Canadian born American Indian noncitizens to obtain Form I - 181. Possession of the I 181 is not a condition of eligibility.
American Indians born in a country other than Canada and not enrolled in a federally recognized tribe have the same noncitizen eligibility requirements as other noncitizens.
Hmong and Highland Laotians
Any of the following are potentially eligible for NA:
●A noncitizen who was a member of a Hmong or Highland Laotian tribe between 08/05/1964 and 05/07/1975
●Any of the following immediate family members of these Hmong or Highland Laotian tribe members (living or deceased):
Spouse
Surviving spouse
Unmarried dependent child under the age of 18
A child who is a full-time student under the age of 22
An unmarried adult child with a disability
NOTE The unmarried adult child must have had the disability before their 18th birthday
Lawful U.S. residency has to be established. However, these people are not required to meet any additional citizenship requirements to be eligible for NA.
Verification
System interface that FAA has with the United States Citizenship and Immigration Services (USCIS) and collateral contact to other agencies are primarily used to verify noncitizen status from the information provided on the application. However, system interface and collateral contact are not always available. The participant has the primary responsibility for providing verification. (See Participant Responsibilities – Providing Verification for additional policy.)
Noncitizen status is verified only with new applications or when FAA is notified that the status of a participant has changed.
See any of the following policy sections for examples of what can be used for proof of noncitizen status:
Legal Authorities
7 CFR 273.2(b)(1)(iii)
7 CFR 273.2(f)(1)(ii)(A)
7 CFR 273.4
7 CFR §273.4(a)
7 CFR 273.4(a)(1)-(3)
7 CFR 273.4(a)(5)
7 CFR 273.4 (a)(6)
7 CFR 273.4 (a)(6)(i-iii)
7 CFR 273.4(a)(6)(i)(H)
7 CFR 273.4(a)(7)
7 CFR 273.4(c)
8 CFR §204.2
45 CFR 233.50
AAC R6-12-305
ARS 46-292A.1(b)-(d)
ARS 46-292B.1(a)
62 FR 61344
Public Law 104-193
Public Law 104-208
PRWORA Section 401 & 402
TANF State Plan
last revised 03/06/2023