Appendix A 1:  Documentation for Qualified Noncitizens

1.

Legally admitted for permanent residence—40 qualifying quarters

I-551 Permanent Resident Card
I-551 (conditional)
passport booklet for lawful permanent residents

101(a)(2)

2.

Lawfully residing in any state—includes permanent residents and any other legally designated status

I-551
I-551 (conditional)
passport booklet for lawful permanent residents
I-94 Arrival/Departure Record

various sections

NOTE: For battered spouse or child, the DHS document will show one of the following sections:
204(a)(1)(A) or
204(a)(1)(B) or
244(a)(3)

3.

Refugee

I-94 annotated with INA Section 207 or Refugee

I-551 Permanent Resident Card annotated with R8-6, RD-1 through RE-9

I-688B Employment Authorization Document
I-766 Employment Authorization Document annotated with Code A
I-571 Refugee Travel Document

207
274a.12(a)(3)
“A3”
208

4.

Asylee

I-94 annotated with INA Section 208 or Asylee

I-551 annotated with AS-6 through AS-8

I-776 annotated with Code A5df

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

USCIS letter from Asylum Office Order from an immigration judge granting asylum

208

274a.12(a)(5)

5.

Deportation withheld

I-94 annotated with INA Section 243(H0 or 241(b)(3)
Official letter or notice
I-688B annotated with INA Section 274a.12(a)(10)
I-766 annotated with Code A10
Order from an immigration judge

241(b)(3) or
243(h)

274a.12(a)(10), or
“A10”, or
Order would show deportation withheld under Sec. 243(h) or removal withheld under Sec. 241(b)(3)

6.

Cuban/Haitian entrant

I-94 annotated with INA Section 212(d)(5) or Cuban/Hatian Entrant
I-551 annotated with R8-6, CH-6, CU-6, CU-7

I-688B annotated with the INA Section 274a.12(c)(8)

I-766 annotated with Code C8

Receipt from USCIS indicating filing of Form I589, Application for Asylum
Unexpired temporary I-551 stamp in foreign passport

501(e) of REAA of 1980**

With stamp showing paroled as “Cuban/Haitian Entrant” under section 212(d)(5) of the INA Code CU6, CU7, CH6, or CNP

7.

Amerasian entrant

I-551 annotated with one of the following status codes: AM-1, AM-2, AM-3, AM-6, AM-7 or AM-8
I-94
Vietnamese exit visa
Vietnamese or U.S. passport

584 of FOEFRPAA of 1988***

8.

Conditional entrant

I-94 annotated with INA Section 203(a)(7)
I-688B annotated with INA Section 274a.12(a)(3)I-766 annotated with A3

203(a)(7), or
274a.12(a)(3), or
“A3”

9.

Parolee

I-94 showing admission for at least one year under INA Section 212(d)(5) or parolee I-688B annotated with INA Section 274a.12(a)(4), 274a.12(c)(11)

I-766 annotated with A-4 or C-11

212(d)(5)
Applicant cannot add together periods of admission for less than one year.

10.

Battered Non-Citizen

I-485 Application to Register for Permanent Residence or Adjust Status

I-130 Petition for Alien Relative

I-360 Petition for Amerasia, Widow(er), or Special Immigrant

I-797 Notice of Action issued when an application or petition is approved

EOIR Form 42B Application for Cancellation of Removal and Adjustment of Status for Certain Nonpermanent Residents

A bona fide copy of a USCIS order or notice confirming that a petition filed by the applicant under the Violence Against Women Act (VAWA)(Form I-360) petition as a widow(er) or a family-based petition for immediate relative status (Form I-360) of a battered non-citizen or an application for removal under VAWA has been approved or is pending, and the USCIS EOIR has found that the applicant has a prima facie case for relief (Form I-797) or Form I-485

INA as amended by the Violence Against Women Act (VAWA) and Section 501 IIRAIRA****

11.

Victim of Severe Trafficking

Form I-797 indicating Derivative T visa annotated with T-1

Form I-797a Derivative T vias annotated with T-2, T-3, T-4, T-5 (family of victim of severe trafficking)

Original certification letter from ORR

107(b)(1)(A) of the VTVPA as amended*****

12.

Iraqi and Afghan Special Immigrant (SIV)

Passport with a stamp noting that the individual has been admitted under a special immigrant visa category IV with one of the following codes:

• SI-1 or SQ-1 for the principal applicant

• SI-2 or SQ-2 for the spouse of the principal applicant

• SI-3 or SQ-3 for the unmarried child under age 21 of the principal applicant

• Department of Homeland Security stamp or notation on passport or I-94 showing date of entry

For SIVs adjusting status to LPR.  I-551 annotated with one of the following status codes:

• SI-6 or SQ-6 for the principal applicant

• SI-7 or SQ-7 for the spouse of the principal applicant

• SI-8 or SQ-8 for the unmarried child under age 21 of the principal applicant

101(a)(27) of the INA

Section 8120 of DODAA******

**Refugee Education Assistance Act of 1980.

***Foreign Operations Export Financing and Related Programs Appropriations Act of 1988.

****Illegal Immigration Reform and Immigrant Responsibility Act of 1996

*****Victims of Trafficking and Violence Protection Act of 2000

******Department of Defense Appropriations Act of 2008