Appendix A: Eligible Noncitizen Status Chart

Qualified Non c itizens USCIS Document Five Year Bar Non c itizens 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 Immigration and Nationality Act , ( additional information may be found in Supplemental Handbook Chapter 730) Form I-94 Arrival/Departure Record or passport stamped "...admitted under section 207 of the INA..." or any of the following class of admission codes: RE1, RE2, RE3, RE4, RE5, Visa 93 or V93; Form I-688B or I-766 Employment Authorization Document (EAD) coded 274a.12(a)(3) or A03; Refugee Travel Document (USCIS Form I-571 ); Form I-551 with category codes RE6, RE7, RE8 or RE9; Foreign passport stamped to show unexpired, temporary evidence of LPR or "I-551" status and codes RE6, RE7, RE8 or RE9 No Non c itizens granted Asylum under section 208 of the Immigration and Nationality Act Form I-94 or passport referencing "...section 208 of the INA..." or class of admission codes AS1, AS2, AS3, Visa 92 or V92; Order granting asylum under section 208 of the INA issued by the USCIS Asylum Office, an Immigration Judge, the Board of Immigration Appeals (BIA), or a Federal court; Form I-688B or I-766 EAD coded 274a.12(a)(5) or A05; Refugee Travel Document (USCIS Form I-571 ); I-730 Approval Letter from the USCIS Asylum Office; Form I-551 with c lass of admission codes AS6, AS7, AS8, GA6, GA7, or GA8; Foreign passport stamped to show unexpired, temporary evidence of the LPR or "I-551" status and class of admission codes AS6, AS7, or AS8 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 , I-220A (whether expire or current) No Non c itizens 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 c itizens 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 c itizens 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 noncitizens 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 N otarized letter from ACF/Office on Trafficking in Persons (OTIP) certifying victim of severe form of trafficking status; If the victim is a child, a letter from ACF/Division of Anti-trafficking in Persons (ATIP) stating that the child is a victim of a severe form of trafficking; or Derivative T Visa marked T-2, T-3, T-4, or T-5. No Amerasian Immigrants admitted to the U.S. under Section 584 of the Foreign Operation, Export Financing, and Related Programs Appropriation Act of 198 9 Form I-94 with any of the following admission codes: AM1, AM2, or AM3; Form I-551 (Permanent Resident Card) with adjustment code: AM6, AM7, or AM8; Vietnamese Exit Visa with codes AM1, AM2, or AM3 and/or "temporary I-551" stamp; Vietnamese passport with codes AM1, AM2, or AM3 and/or "temporary I-551" stamp; U.S. passport with codes AM1, AM2, or AM3 No Iraqi and Afghan Special Immigrants See Appendix D No COFA migrants For eign Passport from RMI, FSM or Republic of Palau ; I- 94; I- 766 ; I-551 No

Any USCIS document that identifies the noncitizen as being admitted under one of the above provisions or contains the term refugee or asylum is acceptable evidence of noncitizen status.

NOTE: The CAO must ask all noncitizen applicants whose date of entry to the U.S .is less than three years from their date of application if they are sponsored. For noncitizens who are not refugees, see Section 122.4 . For refugees, see Supplemental Handbook Chapter 730 .

55 Pa. Code 149.23

Updated September 27, 2024, replacing March 25, 2009