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Chapter: 1400 Technical Requirements Program: TCA 39 3. crewmen on shore leave, 4. noncitizens in travel status while traveling directly through the U.S., 5. treaty traders and investors and their families, 6. foreign students, 7. international organization representatives and individuals and their families and servants, 8. temporary workers including agricultural contract workers, or 9. members of foreign press, radio, film, or other information media and their families.

Verification is usually the I-94, Arrival-Departure Record, annotated with the letters “A” through “V”, except “T”. (A-2, B-1, etc.). 1420.0118 Reporting Illegal Noncitizens (TCA) Substantial evidence of unlawful presence in the United States (US) must exist before an individual can be reported to the U.S. Citizenship and Immigration Services (USCIS). Do not attempt to make a determination of unlawful presence in the following situations when:

1. an individual declines to present documentation of immigration status. 2. a VIS-CPS response shows no USCIS record on the individual. 3. a VIS-CPS response shows an immigration status that makes the individual ineligible for benefits. or 4. secondary verification from VIS-CPS shows that the individual’s USCIS status has expired.

Individuals who are not applying for benefits are not to be reported as unlawfully present in the US. Additionally, staff should not seek verification status through VIS-CPS, or through any secondary verification process, for individuals who are not applying for benefits. This is because those applying for TCA may live with others who are not applying for benefits but who may not be lawfully present in the US.

Who must be reported:

Before it is determined that an individual is unlawfully present in the US, the individual must provide a formal non-appealable order of deportation. This document is required because prior to issuing the order of deportation, the case has had a formal review by USCIS or by the Executive Office of Immigration Review.

Reporting:

Region or Circuit Program Offices must make a quarterly report to headquarters if the region or circuit determines there are noncitizen applying for benefits who are unlawfully present in the US. It is only necessary to send a quarterly report to headquarters when noncitizens who are not lawfully present in the United States are identified. When necessary to report, please send the report within 15 days following the quarter ending in March, June, September and December. The headquarters staff will forward the relevant reports to USCIS. If a report is necessary, it must include the name, address and other identifying information, such as how the determination was made that the individual is not lawfully present in the US. 1420.0200 SOCIAL SECURITY NUMBER (TCA) The eligibility specialist must obtain or verify that the individual has applied for a Social Security Number for each individual as a condition of eligibility.

A verbal statement providing the SSN is sufficient if the SSN is validated through data exchange. If the SSN is not validated through Data Exchange, the eligibility specialist must obtain documentation of the individual’s SSN. The following documentation is acceptable: