305.21 Documentation of INS Status SR 04-01, 01/04(FAM-A)

Require noncitizens to provide BCIS documentation of qualified alien status. Family Services Specialists are not required to assist an applicant in verifying status.

Types of BCIS noncitizen documentation include notifications on BCIS letterhead, U.S. stamps on passports, or BCIS computer-printed fee receipts. Verify BCIS documentation following the SAVE primary verification procedures outlined in Section 305.23, Verification of Qualified Alien Status.

If the noncitizen presents an unfamiliar type of documentation, follow the SAVE secondary verification procedures outlined in Section 305.23, Verification of Qualified Alien Status. Accept a document which is not issued by BCIS only when it provides reasonable evidence of immigration status. However, submit all non-BCIS documents to BCIS through the secondary verification process.

Exceptions:

If an individual currently receives Social Security, Supplemental Security Income (SSI) or Medicare benefits, and was approved for the same on or after August 22, 1996, this will be accepted as proof of citizenship or alien status.

Noncitizens claiming qualified alien status due to battering or extreme cruelty must provide verification that:

• the violence occurred while the individual was residing in the United States;

• the batterer was the spouse or parent of the battered noncitizen, or the noncitizen child’s parent was the subject of the battering;

• the battered spouse or child was residing with the batterer at the time of the incident(s); and

• the battered individual no longer resides with the batterer.

Accept any reasonable evidence of physical violence against the individual, such as police reports, information from medical or school personnel, photographs, or signed statements from individuals familiar with the situation.