This chart lists types of qualified non-citizens, examples of USCIS documents that may be presented and includes an indication of whether the non-citizen 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 Non-Citizens |
USCIS Document |
Five Year Bar |
|
Non-Citizens 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 |
No |
|
Non-Citizens 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 |
No |
|
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 |
No
|
|
Non-Citizens 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 |
|
Non-Citizens 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 |
No
|
|
Non-Citizens 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 |
No |
|
Battered non-citizens 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 |
No |
|
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 |
No |
|
Iraqi and Afghan Special Immigrants |
See Section B below |
No |
Additional categories of qualified non-citizens 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, Amerasian immigrant, Iraqi or Afghan special immigrant, or non-citizen whose deportation was withheld) and who later converted to LPR status are exempt from the five year bar.
Qualified non-citizens 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.
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). |
This chart provides documentation that may be provided by lawfully present children and pregnant women who are eligible for ongoing federally-funded MA based on Section 214 of the Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA). The document types listed here are examples and do not serve as an all-inclusive list.
|
Applicant |
Documentation |
|
A qualified non-citizen as defined in Section 431 of PRWORA (8 U.S.C. § 1641). |
See Section A. |
|
A non-citizen in nonimmigrant status who has not violated the terms of the status under which he or she was admitted or to which he or she has changed after admission. |
I-94, I-94A, I-797, I-688B, I-766 |
|
A non-citizen who has been paroled into the U.S. pursuant to Section 212(d)(5) of the Immigration and Nationality Act (INA) (8 U.S.C. § 1182(d)(5)) for less than one year, except for a non-citizen paroled for prosecution, for deferred inspection or pending removal proceedings. |
I-94, I-512 |
|
A non-citizen who is currently in temporary resident status pursuant to Section 210 or 245A of the INA (8 U.S.C. §§ 1160 or 1255a, respectively). |
I-688 |
|
A non-citizen who is currently under Temporary Protected Status (TPS) pursuant to Section 244 of the INA (8 U.S.C. § 1254a), and pending applicants for TPS who have been granted employment authorization. |
I-766, I-688, I-797 |
|
A non-citizen who has been granted employment authorization under 8 CFR 274a.12(c)(9), (10), (16), (18), (20), (22), or (24). |
I-766 |
|
A non-citizen who is a family Unity beneficiary pursuant to Section 301 of Pub. L. 101-649, as amended. |
I-94, I-797 |
|
A non-citizen who is currently under Deferred Enforced Departure pursuant to a decision made by the President. |
I-766 |
|
A non-citizen who is currently in deferred action status.
Exception: A non-citizen granted Deferred Action for Childhood Arrival (DACA) is not considered lawfully present. These individuals will have an I-766, category code C33. |
I-766, I-797 |
|
A non-citizen whose visa petition has been approved and who has a pending application for adjustment of status. |
I-766 |
|
A pending applicant for asylum under Section 208(a) of the INA (8 U.S.C. § 1158) or for withholding of removal under Section 241(b)(3) of the INA (8 U.S.C. § 1231) or under the Convention Against Torture who has been granted employment authorization, and such an applicant under the age of 14 who has had an application pending for at least 180 days. |
I-94, I-766, I-589 |
|
A non-citizen who has been granted withholding of removal under the Convention Against Torture. |
I-766, I-688 |
|
A child who has a pending application for Special Immigrant Juvenile status as described in Section 101(a)(27)(J) of the INA (8 U.S.C. § 1101(a)(27)(J)).
|
I-551, I-360, I-485
|
|
A non-citizen who is lawfully present in the Commonwealth of the Northern Mariana Islands under 48 U.S.C. § 1806(e). |
Document that shows residency in the Commonwealth of the Northern Mariana Islands |
|
A non-citizen who is lawfully present in American Samoa under the immigration laws of American Samoa. |
Document that shows residency in American Samoa |
Updated July 8, 2016 Replacing February 14, 2012