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West Virginia Income Maintenance Manual Chapter 15

West Virginia Income Maintenance Manual Page 65 Chapter 15 Noncitizens, Refugees, and Citizenship

15.8.2.A Asylee Status of Applicant 15.8.2.A.1 Documentation In order to determine an asylee’s eligibility in accordance with the Office of Refugee Resettlement (ORR) regulations, the Worker must confirm the individual’s status and date of entry through appropriate USCIS documentation. The following documents will confirm both status and date of entry for asylees: • USCIS Form I-94 Arrival/Departure Card, noting that the individual has been admitted under Section 208 of the Immigration and Nationality Act (INA) • USCIS Form I-94 Arrival/Departure Card with the admission codes AS-1, AS-2 or AS-3 • USCIS Form I-94 Arrival/Departure Card with Visa 92 (or V-92) • Order of an Immigration Judge granting asylum under Section 208 of the INA will serve as proof of asylee status if the USCIS has waived the right to appeal the case; the date on the Immigration Judge Order will serve as the date the individual was granted asylum • Asylum Approval Letter from an USCIS Asylum Office • I-730 Approval Letter • Written Decisions from the Board of Immigration Appeals (BIA) 15.8.2.A.2 Recommended Asylum Approval Letter Recommended Asylum Approvals are not proof of asylee status. This letter is a notification from USCIS advising the applicant that his application has been recommended for approval and that an investigation of his identity and background will be conducted before final approval is issued. NOTE: If the Immigration Judge Order shows the USCIS has reserved its right to appeal, there is a 30-day waiting period from the date of the order before an approval consideration can be made. The Worker must submit copies of the Immigration Judge Order to the SAVE Coordinator. The SAVE Coordinator will complete an inquiry on or after the 31st day from the date on the Immigration Judge Order to find out whether the USCIS has appealed the case, and then notify the Worker of the eligibility status of the individual.