Appendix A: Alien Status Chart

Section A

This chart lists types of qualified aliens, examples of USCIS documents that may be presented and includes an indication of whether the alien is subject to or exempt from the five year bar. The chart may not include all possible documents. Documents provided must be confirmed through SAVE.

Qualified Alien

USCIS Document

Five Year Bar

Aliens lawfully admitted for permanent residence under the Immigration and Nationality Act (INA), 8 USC 1101 et seq.

I-551,

Temporary I-551 stamp in a foreign passport or on I-94

Yes

Refugees admitted under Section 207 of the INA, (additional information may be found in Supplemental Handbook Chapter 730)

I-94 annotated with entry into the U.S. as a refugee under Section 207,

I-688B annotated 274a.12(a)(3),

I-766 annotated A3,

I-571,

I-551 annotated RE-6, RE-7, RE-8 or RE-9

Aliens granted Asylum under Section 208 of the INA

I-94 annotated grant of asylum,

I-668B annotated 274a.12(a)(5),

I-766 annotated A5,

I-551 annotated AS-6, AS-7, AS-8

Cuban Haitian Entrants as defined in Section 501 (e) of the Refugee Education Assistance Act of 1980

I-94 or I-551 annotated Humanitarian Parole, Paroled in the Public Interest, Parolee, Paroled as a Refugee, Cuban/Haitian Entrant status pending, Form I-589 Filed, Parole, Paroled, Asylee, Asylum or CH-6

Aliens granted Parole for at least one year under Section 212(d)(5) of the INA

I-94 annotated grant of parole under 212(d)(5) of INA and a date showing grant of parole for at least one year

Yes

Aliens whose deportation is being withheld under Section 243 (h) or Section 241 (b)(3) of the INA

Order from Immigration Judge showing deportation withheld under Section 243(h) and date of the grant,

I-688B annotated 274a.12(a)(10),

I-766 annotated A10

Aliens granted conditional entry under Section 203 (a)(7) of the INA in effect before April 1, 1980

I-94 annotated admission under 203(a)(7) of the INA (refugee-conditional entry,

I-688B annotated 274a.12(a)(3),

I-766 annotated A3

Battered aliens who meet the conditions in PRWORA added by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 and amended by the Balanced Budget Act of 1997 and the Violence Against Women Act of 2000

USCIS reviews a petition and supporting evidence.

If basic requirements are met, USCIS will issue an I-797

Yes

Victims of severe form of trafficking under Section 107(b)(1) of the Trafficking Victims Protection Act of 2000

Letter from the Office of Refugee Resettlement,

I-94 annotated T1, T2, T3, T4 or T5 stating admission under Section 212(d)(5) of the INA if status granted for at least one year

Amerasian Immigrants admitted to the U.S. under Section 584 of the Foreign Operation, Export Financing, and Related Programs Appropriation Act of 1988

I-94 stamped “Processed for I-551” and AM 1, AM 2 or AM 3,

I-551 annotated AM 6, AM 7 or AM 8

Additional categories of qualified aliens who are exempt from the five year bar:

Lawful Permanent Residents who first entered the country under another exempt category (Refugee, Asylee, Cuban/Haitian Entrant, trafficking victim or alien whose deportation was withheld) and who later converted to LPR status are exempt from the five year bar.
Qualified aliens who are (a) honorably discharged veterans; (b) on active duty in the U.S. military; or (c) the spouse (including an unmarried surviving spouse) or unmarried dependent child of such an honorably discharged veteran or individual on active duty. Evidence of honorable discharge or active duty status must also be provided.
Certain Native Americans born in Canada or members of Federally-recognized tribes. Tribal documents must be provided.

Section B

This chart provides documentation that may be provided by Iraqi and Afghani persons granted Special Immigrant status. This group of special immigrants will either (a) enter the U.S. under another status such as asylee or parolee then later adjust to special immigrant status or (b) will enter the U.S. as lawful permanent residents with special immigrant visas. This group is exempt from the five year bar and is entitled to benefits to the same extent and for the same period as refugees.

Applicant	Documentation
Principal Applicant Iraqi or Afghan Special Immigrant	Iraqi or Afghan passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI1 (or SQ1 for Iraqi only) and Department of Homeland Security (DHS) stamp or notation on passport or I-94 showing date of entry.
Spouse of Principal Applicant Iraqi or Afghan Special Immigrant	Iraqi or Afghan passport with an immigrant visa stamp noting that the individual has been admitted under IV Category SI2 (or SQ2 for Iraqi only) and DHS stamp or notation on passport or I-94 showing date of entry.
Unmarried Child Under 21 Years of Age of Principal Applicant Iraqi or Afghan Special Immigrant	Iraqi or Afghan passport with an immigrant visa stamp noting that the individual has been admitted under IV Category SI3 (or SQ3 for Iraqi only) and DHS stamp or notation on passport or I-94 showing date of entry.
Principal Applicant Iraqi or Afghan Special Immigrant Adjusting Status in the U.S.	DHS Form I-551 (“green card”) showing Iraqi or Afghan nationality (or Iraqi or Afghan passport), with an IV code of SI6 (or SQ6 for Iraqi only).
Spouse of Principal Applicant of Iraqi or Afghan Special Immigrant.	DHS Form I-551 (“green card”) showing Iraqi or Afghan nationality (or Iraqi or Afghan passport), with an IV code of SI7 (or SQ7 for Iraqi only).
Unmarried Child Under 21 Years of Age of Principal Applicant Iraqi or Afghan Special Immigrant.	DHS Form I-551 (“green card”) showing Iraqi or Afghan nationality (or Iraqi or Afghan passport), with an IV code of SI9 (or SQ9 for Iraqi only).

Updated February 14, 2012, Replacing October 26, 2008