kalvar said:
I have tried unsucefully to get an unrestricted SS card but they won't issue me one.
I don't have an I-94 and I take responsibility for that because I never thought it was so important. I tried to get one recently but I was refused the issuance because USCIS officer said it's against the law to do that sinceI have a pending I-485.
The customer service numbers on their web site have an automated service that never allows you to actually speak to a real person.
I really need to get in touch with someone so that the local office can be instructed on my case.It clearly says on their web site that the IJ letter or an EAD catogory A5 is enough.They just won't do it though.
Kalvar,
Go to local office and show them a copy of the following letter issued by INS in 2001. If they say they haven't seen this letter ask them to verify with their central office. This is the document that helped me get an unrestricted SSN.
Good luck!
Juxhin
FILE NO: EM-01061
DATE: April 4, 2001
TO: ALL RCs/ARCs/ADs/FOs/TSC/RPAOs
FROM: SSA, ODISP, OPB
SUBJECT: Processing SSN Card Requests From Asylees--Information
The Immigration and Naturalization Service (INS) now considers aliens granted asylum to have permanent employment authorization incident to asylee status and requests that for enumeration purposes SSA treat them as permanent resident aliens. This means that when an individual granted asylum submits appropriate documentation with an SS-5, SSA will process the application to issue the asylee an unrestricted SSN card.
Like refugees, asylees are eligible for assistance and services from the Office of Refugee Resettlement for a limited period of time starting with the date asylum is granted. Because asylees need to be enrolled in certain programs within 31 days of the date they are granted asylum, it is important that SSA assign them SSNs and issue their SSN cards quickly.
The Executive Office for Immigration Review (EOIR), a separate office from INS, also processes requests for asylum and may grant asylum.
NOTE: This instruction does not apply to an individual who has applied for asylum or who has been recommended for asylum.
What Document Does an Asylee Need to Show to Get an SSN Card?
When an asylee applies for an original or replacement SSN card, accept as proof of alien status any of the following:
• An I-94 with a stamp showing the individual is granted asylum under section 208 of the Immigration and Nationality Act (INA);
NOTE: Some I-94s issued to asylees are stamped or annotated “EMPLOYMENT AUTHORIZED,” and some are not. An individual who has been granted asylum does not need an annotation on the I-94 or an employment authorization document (EAD) to be issued an SSN card for work purposes.
• An EAD (either Form I-688B showing “274A.12(a)(5)” on the face of the card under Provision of Law or Form I-766 showing “A5” on the face of the card under Category); or
• An order of an Immigration Judge granting asylum under the INA. The document must be the original decision (not a copy) printed on paper stock bearing the letterhead “United States Department of Justice, Executive Office for Immigration Review, Immigration Court” and show the city where the immigration court is located.
If the order states INS has waived appeal rights, accept it. The appeal information appears at the very bottom of Immigration Judge order.
If the order states that INS has reserved appeal rights, accept it if more than 30 days have passed since the date on the Order AND a call to the EOIR case status line (at 800-898-7180) confirms that INS has NOT appealed. (See section, “How Do I Get Information Using the EOIR Case Status Line?,” for further information.)
Are All Asylees Authorized to Work?
Yes. All individuals granted asylum are authorized to work based on that status. An asylee does not need to show an EAD as proof of employment authorization when applying for an SSN card. However, some asylees may have EADs and will provide an EAD as an evidence document supporting the SSN card application.
Should I Use SAVE to Verify Asylee Status?
Yes. When the individual applying for an SSN card presents an INS document showing he or she has been granted asylum, always verify the asylee status with INS.
(RM 00203.740C.)
If the individual has an A number, query SAVE online (a primary query of the ASVI data base). If the ASVI response confirms asylee status as explained below in section, “What Will the Online SAVE Query Response Show for an Asylee?,” process the application to assign an SSN.
If the ASVI online response shows “institute secondary verification” or does not confirm asylee status and employment authorization, call the EOIR case status line (800-898-7180) and follow the instructions below in section, “How Do I Get Information Using the EOIR Case Status Line?” If the EOIR case status line confirms asylum status granted with no appeal pending on the case, process the application to assign an SSN.
If the EOIR case status line does not confirm asylee status, complete a G-845, include a copy of the documentation submitted, and send it to the appropriate INS SAVE office. In other words, only send the G-845 if:
• The individual does not have an A number; or
• The EOIR case status line does not confirm asylum was granted; or
• The EOIR case status line confirms asylum was granted but there is an appeal pending on the case.
When INS returns the G-845 and it confirms the individual has been granted asylum, process the SSN application to assign an SSN.
What Will the Online SAVE Query Response Show for an Asylee?
When data for an individual granted asylum is in the system, the “INS Status” field on the online ASVI query response will show one of these codes: AS1, AS2, or AS3. The “Eligibility Statement” field will show “Asylee—Employment Authorized.”
How Do I Get Information Using the EOIR Case Status Line?
Dial 1-800-898-7180.
Press 1 for instructions in English.
Enter the 8-digit A number assigned to the person.
The case status system will read back the number you entered. Press 1 if correct. Press 2 to reenter the A number.
When there is information for the person assigned the A number, the case status system will spell out the person’s name. Press 1 if the name agrees with the name shown on the document submitted to SSA. Press 2 if you need to reenter the A number.
The case status system will list several choices. Press 3 to get the asylum decision information.
The case status system will provide a message giving information about the case. If the message is “The Immigration Judge granted relief on your case at (address of immigration court) on (date of order),” an Immigration Judge granted the individual asylum under section 208 of the INA. When the EOIR case status line gives this message and there is no appeal pending, annotate the “Evidence Submitted” block of the SS-5 “EOIR case status line verification.”
Press 4 for information about any appeal pending on the case. If an appeal is pending on the case, complete a G-845 and send it to INS (see instructions above in section “Should I Use SAVE to Verify Asylee Status?”).
NOTE: Using the EOIR case status line is a new procedure. Call this number only when you have an asylee applying for an SSN and the SAVE online query response is “institute secondary verification.”
Must an Asylee Submit Two Documents as Evidence for an Original SSN Card?
Not always. Sometimes an asylee has only his or her INS document here in the U.S. and has no other documents. If that is the case, accept the INS document alone and annotate the “Evidence Submitted” block on the SS-5 “no other evidence available.” If the asylee has another evidence document (other than the INS document) here in the U.S., ask him or her to submit it.
Can I Accept the INS Document as Evidence of Age Even When It Is Less Than One Year Old?
Maybe. Accept the INS document as evidence of age when it is less than one year old, only when you establish the asylee has no other evidence available here in the U.S. which he or she can submit to establish age.
How Do I Code the PRA Field on the SS-5?
The entry in the PRA field on the SS-5 is based on the applicant’s answer in item 3, “Citizenship.” Enter a “Y” in the PRA field when an asylee checks the block “legal alien allowed to work” in item 3, “Citizenship,” on the SS-5 AND the document(s) submitted establishes the person was granted asylum. This ensures that MES will print a card without any legend.
These instructions will be placed in POMS later this year.
If you have questions about this Emergency Message, call your Regional Office. Regional Office Staff only may contact Kay Bernstein via E:Mail at HQ-Exchange.
POMS Affected: RM 00202.230B.5., RM 00203.460B.3., and RM 00203.500C.
RETENTION DATE: April 15, 2002
