We have recently received some clarification on the correct way to verify that aliens are legal to be served by the Work First pilot project grants.

This information is from the Work First manual on the DSS Economic Independence website. The DSS address is: http://www.dhhs.state.nc.us/dss/index.htm

The page with the immigration requirements is: http://info.dhhs.state.nc.us/olm/manuals/dss/ei-50/man/WF111-03.htm#P78_3044

You must document what procedures you have taken to confirm someone’s eligibility. We recommend that you include in your files a statement of what forms you have seen.

If you are confused about what the forms look like, please refer to the Work First manual immigration forms page. At the bottom of the page are three links marked Figure 1, Figure 2, and Figure 5. Click on those to download scanned documents. We asked INS to send us photos of the various forms for you to reference. Those photos are included at the bottom of this document, and there are links to them in the chart.

A. Unless questionable, accept the family's statement as verification.

B. When Could the Family's Statement Be Questionable?

The family's statement may be questionable when:

1. The claim of citizenship is inconsistent with statements made by the family, with other information on the application, previous applications, or information received from another source.

2. A person was born in a country other than the U.S. to a parent or parents who are not U.S. citizens.

C. How Do I Verify Citizenship If the Family's Statement Is Questionable?

If the family's statement is questionable, verify citizenship using:

1. Birth certificates or hospital/doctor records; or

2. Certificates of Citizenship or Naturalization issued by the Immigration and Naturalization Service (INS); or

3. U.S. Passport; or

4. Social Security Administration records, other government records, or a statement from a knowledgeable individual.

D. What Do You Do When Verification Is Necessary But Not Provided?

If the family cannot provide verification of citizenship, request documentation verifying his status. If no documentation is available, refer the caretaker to the Immigration and Naturalization Office (INS) at:

Immigration and Naturalization Service

6 Woodlawn Green, Suite 138

Charlotte, North Carolina 28217

Telephone: (704) 523-170

This is the chart to be used to determine what someone’s status is according to the documents he or she has. It is the same one that was provided to you after the informational meeting on February 21, 2000. Sections V. and VI., which are referred to in the chart, are below the chart.

Based on the documentation provided by the family, use the chart below to determine the immigration status of the family member and whether, based on that status, he qualifies for the use of Work First funds.
If a family member has this document:	HIS IMMIGRATION status is:	And HIS WORK FIRST STATUS IS:
Passport, Visa, or INS document bearing the endorsement "Processed for I-551, Temporary Evidence of Lawful Permanent Residence"	Permanent Resident Possibly a Sponsored Immigrant for three years following issuance of card.	Eligible if admitted prior to August 23, 1996. If admitted August 23 or after, ineligible for 5 years from date of entry. Eligible after 5 year exclusion period. Refer to V. below for exceptions. Refer to VI. below for rules regarding Sponsored Immigrants.
Passport stamped "adjustment application" or "employment authorized during status as adjustment applicant"	Permanently Residing in the U.S. Under the Color of Law (PRUCOL)	Not eligible
AR-3A (Alien registration receipt card) stamped “Lawful Permanent Resident”	Permanent Resident	Eligible if admitted prior to August 23, 1996. If admitted August 23 or after, ineligible for 5 years from date of entry. Eligible after 5 year exclusion period. Refer to V. below for exceptions. Refer to VI. below for rules regarding Sponsored Immigrants.
I-94 coded with one of the following: A to M NATO 1 to 7 or TWOV	Non-immigrant	Not eligible
I-327 (Reentry Permit)	Possibly a Permanent Resident	Possibly eligible; further documentation is required.
I-181	Permanent Resident	Eligible if admitted prior to August 23, 1996. If admitted August 23 or after, ineligible for 5 years from date of entry. Eligible after 5 year exclusion period. Refer to V. below for exceptions. Refer to VI. below for rules regarding Sponsored Immigrants.
I-220B	PRUCOL	Not eligible
I-94 coded: AM 1, -2, -3 Section 207 Section 208 Section 243(h)	Amerasian Refugee Granted Asylum Deportation withheld	Eligible

If a family member has this document:	HIS IMMIGRATION status is:	And HIS WORK FIRST STATUS IS:
I-94 coded with a: Section 203(a)(7) Section 212(d)(5)	Conditional Entrant Parolee	Eligible if admitted prior to August 23, 1996. If admitted August 23 or after, ineligible for 5 years from date of entry. Eligible after 5 year exclusion period. Refer to V. below for exceptions. Refer to VI. below for rules regarding Sponsored Immigrants.
I-94 and/or a letter or order showing that deportation or departure has been delayed or will not be enforced	PRUCOL	Not Eligible
I-551, I-151, or Resident Alien Card (no form number) coded with one of the following: CH 6 AM 1, -2, -3 AS6 - AS8 RE6 - RE8, RE86 Y-1 -Y-16, Y64 Z1, Z11, Z13	Permanent Resident who is a(n): Cuban/Haitian entrant Vietnamese Amerasian Asylee Refugee Refugee Deportation Withheld	Eligible
I-551, I-151, or Resident Alien Card (no form number) coded with one of the following: S-16 S-26	Permanent Resident under Special Agricultural Worker (SAW) Program	Eligible if admitted prior to August 23, 1996. If admitted August 23 or after, ineligible for 5 years from date of entry. Eligible after 5 year exclusion period. Refer to V. below for exceptions. Refer to VI. below for rules regarding Sponsored Immigrants.
I-551, I-151, or Resident Alien card (no form number) coded with one of the following: W-16, W-26, W-36	Permanent Resident under Amnesty Program	Eligible if admitted prior to August 23, 1996. If admitted August 23 or after, ineligible for 5 years from date of entry. Eligible after 5 year exclusion period. Refer to V. below for exceptions. Refer to VI. below for rules regarding Sponsored Immigrants.
I-210	PRUCOL	Not eligible

If a family member has this document:	HIS IMMIGRATION status is:	And HIS WORK FIRST STATUS IS:
I-551 or I-155 coded with any other code	Permanent Resident Possibly a Sponsored Immigrant for three years following issuance of card	Eligible if admitted prior to August 23, 1996. If admitted August 23 or after, ineligible for 5 years from date of entry. Eligible after 5 year exclusion period. Refer to V. below for exceptions. Refer to VI. below for rules regarding Sponsored Immigrants.
I-688 coded with: 210 245A	Permanent Resident under SAW or Amnesty Program	Eligible if admitted prior to August 23, 1996. If admitted August 23 or after, ineligible for 5 years from date of entry. Eligible after 5 year exclusion period. Refer to V. below for exceptions. Refer to VI. below for rules regarding Sponsored Immigrants.
I-688A I-689	Applicant status for Permanent Resident under SAW or Amnesty Program	Possibly eligible; further documentation is required. (If remains in applicant status with no other status indicated, then not eligible. If another status is indicated, evaluate for eligibility based on that status.)
I-688B coded with: 274a.12(a)(3) 274a.12(a)(4) 274a.12(a)(5) 274a.12(a)(10)	Refugee Paroled as Refugee Granted Asylum Deportation Withheld	Eligible
I-688B coded with: 274a.12(a)13	Family Unity under Section 245A	Not eligible You must request verification from the family member (parent or spouse) from whom the immigrant was granted Family Unity. Refer to V. below for exceptions.
I-688B coded with: 274a 12(c)(11)	Parolee	Eligible if admitted prior to August 23, 1996. If admitted August 23 or after, ineligible for 5 years from date of entry. Eligible after 5 year exclusion period. Refer to V. below for exceptions. Refer to VI. below for rules regarding Sponsored Immigrants.
If a family member has this document:	HIS IMMIGRATION status is:	And HIS WORK FIRST STATUS IS:
I-688B coded with: 274a.12(c)(9)	Applicant for permanent resident status	Possibly eligible; further documentation is required. (If remains in applicant status with no other status indicated, then not eligible. If another status is indicated, evaluate for eligibility based on that status.)
I-688B coded with: 274a.12(c)(8)	Applicant for asylum	Further documentation is required. After further documentation is obtained, then eligible if granted asylum.
274a. 12(c)(16)	Registry (resided in the U.S. since before 01/01/72)	Not eligible

V. THE FIVE-YEAR EXCLUSION FOR RECEIPT OF WORK FIRST FAMILY

ASSISTANCE DOES NOT APPLY TO AN IMMIGRANT WHO:

A. Is lawfully residing in the United States and:

1. A veteran who has been honorably discharged (and not due to immigration status)

2. On active duty (other than active duty for training) in the Armed Forces of the United States

3. The spouse or unmarried dependent child of an individual listed in 1. or 2.

B. Was originally admitted as a refugee under Section 207 of the Immigration and Nationality Act.

C. Was granted asylum under Section 208 of the Immigration and Nationality Act.

D. Whose deportation is being withheld under Section 243(h) of the Immigration and Nationality Act.

E. Was granted status as a Cuban/Haitian entrant.

F. Was admitted as an Amerasian immigrant.

NOTE: An individual's immigration status may have changed since he was admitted as a refugee, granted asylum, or had his deportation withheld. Ask the individual if he had previously been admitted as a refugee, granted asylum, or had his deportation withheld. If so, verify his previous status through original documentation he might possess (See chart in IV. above.) or complete a G-845. If his immigration status was previously one of those listed in B. through D. above, he is eligible.

VI. WHAT IS THE RESTRICTION FOR SPONSORED ?

A. Immigrants sponsored by a public or private agency do not qualify for Work First Family Assistance for a period of three years from the date of the immigrant's lawful permanent residence status into the U.S. This applies unless the sponsoring agency no longer exists or is unable to meet the immigrant's needs.

B. Immigrants sponsored by an individual must have their sponsor's income and resources deemed for a period of three years from the date of the immigrant's lawful permanent residence status into the U.S. Refer to instructions in Income and Needs Assessment for how to count the sponsor's income.

C. Immigrants who are refugees, parolees, political asylees, or Cuban/Haitian entrants are exempt from this provision.

I-151

Prior to 1978, INS issued these documents to lawful permanent resident aliens. Although the card is no longer issued, it is valid indefinitely. This card is commonly referred to as a "green card", though many versions were blue.

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I-327

This document is issued to lawful permanent resident aliens who wish to leave the country for a time and guarantees them re-entry into the U.S. It looks similar to a passport and may have entry/exit stamps from other countries on the pages.

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I-551

There are several versions of this document. Some may say "RESIDENT ALIEN" across the top and others may say "PERMANENT RESIDENT CARD". Some have expiration dates on the front of the card (rose colored cards) and some have expiration dates on the back (white cards). All the versions of the card have the fingerprint and signature of the bearer.

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I-688

INS issues this document to immigrants who are granted temporary resident status. The expiration date is on the front of the card, BUT this document may be extended by placing a sticker on the back of the card. Multiple stickers indicate multiple extensions.

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I-688A

The expiration date for this document is found on the front of the card. The expiration date may be extended by placing a sticker on the reverse side. Two different types of stickers have been used, one that extends the expiration date for 90 days and one that extends the date for one year. Multiple stickers indicate multiple extensions.

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I-688B

This card is issued to aliens who are not permanent residents but who have been granted permission to be employed in the U.S. for a specific period of time. There are a few different versions of this card as well. Earlier versions are polaroid pictures that have been laminated while later versions of the card are made of plastic and have the information and picture printed onto the plastic. Some versions will have the bearer's fingerprint and some will not.

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I-94

INS issues this document to aliens who are granted admission into the country at an authorized Port of Entry. This Arrival/Departure record is stapled to a page in the bearer's passport and explains how long and under what terms the person may remain in the U.S.

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Passport

A passport is issued by the State Department to persons who are citizens of the United States whether by birth, naturalization, or derivation. This is a very reliable document for establishing citizenship, identity, and employment authorization. There are approximately 15 different versions of the passport.

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