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West Virginia Income Maintenance Manual Chapter 15

West Virginia Income Maintenance Manual Page 23 Chapter 15 Noncitizens, Refugees, and Citizenship

15.2.3.K.6 How to Read an Amnesty Noncitizen’s I-551 The Immigration Reform and Control Act of 1986 (IRCA) created two amnesty programs to enable undocumented noncitizens to legalize their status. The Section 245A program legalized noncitizens unlawfully in the U.S. prior to January 1, 1982. The Section 210 program, also called the SAW program, legalized certain farm workers. Noncitizens who legalize their status under IRCA are issued I-551 cards after final adjustment to LPR status. Ordinarily, the I-551 issued to amnesty noncitizens was a pinkish color and had no expiration date (the “old card” example below.) The USCIS then began issuing a salmon-colored I-551 with the person’s name, date of birth, alien number, and an expiration date. The salmon card expires 10 years after it is issued. After 10 years, the person does not automatically lose his status; instead, he must simply renew the card. • “TEMP RES ADJ DATE” – month, day, and year when the person became a temporary resident (date on the example is November 16, 1876.) This is backdated to the date the noncitizen filed for temporary residency. Add five years to calculate when the disqualification for receipt of certain benefits ends. If there is not TEMP RES ADJ DATE line, the person did not get LPR status through amnesty. • Code that tells whether the legal status came under the 245A or the 210 SAW program. 245A – codes W16, W26, or W36 210/SAWs – code S16 or S26. • Data adjusted to LPR status. On new card: month, day, year (in example: May 8, 1990). On old card: month, day, year (in example: February 18, 1989). Use this date to calculate when the person will be eligible for naturalization. An LPR is eligible for naturalization five years after being granted LPR status (three years if married to a U.S. citizen.) For §245A amnesty noncitizens, this date is calculated from the date the noncitizens applied for permanent resident status. For SAWs, it dates from either December 1, 1989, or December 1, 1990. The application for naturalization can be submitted three months before the five-year (or three-year) period expires.