TN 22 (06-96)

RM 00203.450 Evidence of Nonimmigrant Status for an SSN Card

A. POLICY - GENERAL

Each alien lawfully admitted as a nonimmigrant should have an unexpired INS document as evidence of his/her status. An INS letter, receipt, copy of an application form or any document not listed in this subchapter is not acceptable evidence of alien status in lieu of the appropriate INS document.

(See RM 00203.430 for those aliens who may be lawfully admitted without INS documentation.)

B. DESCRIPTION OF I-94 EVIDENCE DOCUMENTS

The I-94 evidence documents are described below.

1. I-94 Arrival/Departure Record

The versions of Form I-94 which FOs might encounter are described below:

a. Thin onion skin version

The thin, onion skin I-94 is the manifold copy of INS Form I-213. The form:

Is issued to deportable aliens to keep until they leave the U.S.
May have stamped, typed, or written the notation: “UNDER DOCKET CONTROL”.
Has no admission number or alien classification shown.

(See exhibit in 3. below.)

b. White card stock version

Carriers of passengers seeking admission into the U.S. and using the I-94 manifest procedure use this edition.

The form:

Is on white card stock.
Was issued after 4/14/86 (the 04/15/86 edition).
Shows the alien's admission number as the departure number on the Departure Record (the part the alien retains).
Has the admission stamp in the upper right corner.
May be in the predominant language of the carrier's base of operation, if printed by the transportation carrier (e.g., Japan Air Lines prints I-94s in Japanese and Lufthansa prints I-94s in German).

(See exhibit in 4. below.)

c. Green card stock version (I-94W)

The green card stock form (I-94W, Nonimmigrant Visa Waiver Arrival/ Departure Form) is used by carriers which have entered into a Visa Waiver Program Agreement.

The form:

Is generally a pale green (some may be a darker mint green).
Shows the alien's admission number as the departure number on the Departure Record (the part the alien retains).
Has the admission stamp in the upper right corner.
May be printed in the predominant language of the carrier's base of operation, if printed by the transportation carrier (e.g., Lufthansa prints I-94Ws in German and Japan Air Lines prints I-94Ws in Japanese).

An alien with an I-94W has been admitted as a visitor for pleasure (W-T) or business (W-B) for up to 90 days.

The alien using this card must be a citizen of Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, or United Kingdom.

NOTE: INS periodically designates additional countries as visa waiver countries. If the applicant is not a citizen of one of the above countries, contact your RO staff for further information.

(See exhibit in 5. below.)

d. Tear-off I-94 Portion of I-797A

The tear-off computer-generated I-94 portion of the I-797A approval notice is used by an alien granted either an extension of his/her current nonimmigrant status or a change of nonimmigrant status to another nonimmigrant status by INS.

The form:

Is a tear-off portion Form I-797A.
Is printed on security paper. The paper is the same as that used for naturalization certificates.
Does not have an admission stamp.
Has an admission number in the upper left hand portion of the form.
Does not show the alien classification code. (It is shown on the tear-off portion of the I-94 that the alien is to retain for his/her records.)
Does not show country of citizenship (the item is blank).

NOTE: The tear-off I-94 portion of the I-797A does not need to be accompanied by the I-797A Approval Notice form to be valid or acceptable.

(See exhibit in 6. below.)

e. Computer-Generated INSPASS I-94

The INSPASS computer-generated I-94 printout form is used by an alien who is a frequent traveler to the U.S. and is an INSPASS card holder.

The form:

Is issued to frequent B-1, D-1, E-1, E-2, L-1, TC, TN, and WB travelers to facilitate their entry into the U.S.
NOTE: The alien classification code is shown after the word “ADMITTED” on the right hand side of the form.
Does not have an admission stamp.
Has the admission/departure number in the upper left hand portion of the form.

The alien using this version of the I-94 must be a citizen of Andorra, Austria, Belgium, Bermuda, Brunei, Canada, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, San Marino, Spain, Sweden, Switzerland, or the United Kingdom.

NOTE: INS may designate additional countries as appropriate. If the applicant is not a citizen of one of the above countries, contact your RO staff for further information.

(See exhibit in 7. below.)

2. Admission Stamp

A valid admission stamp contains:

Information about the alien's port of entry, date of inspection, and the inspection officer's identification number.
A stamp identification number which usually appears on the same line as the port of entry.
The alien's class of admission and the validity date (i.e., the date admitted until) are endorsed in ink by the admitting inspector.

EXCEPTION: See RM 00203.460 for evidence of status for refugees, parolees and asylees.

NOTE: Beginning in the summer of 2003, admission stamps used in some ports of entry will show "Customs and Border Protection" as the header, replacing the former "U.S. Immigration" header. The general contents of the stamp remain the same as does the use of the same security ink. These admissions stamps are temporary as CBP and the Bureau of Citizenship and Immigration Services (BCIS) are working on new designs with the Department of Homeland Security. Below is a copy of Alert 2003A-98 dated July 30, 2003, from the DHS Forensic Document Lab, which describes and illustrates the features of the new temporary stamp.

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3. Exhibit - Onion Skin Form I-94

This is an example of the onion skin I-94.

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4. Exhibit - White Card Stock I-94 (04/15/86 edition)

This is an exhibit of the white card stock I-94 (04/15/86 edition).

Front:

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Back:

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5. Exhibit - Green Card Stock I-94W (05/29/91 edition)

This is an exhibit of the I-94W (05/29/91 edition).

Front:

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Back:

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6. Exhibit - Tear-off I-94 Portion of I-797A

This is an exhibit of the tear-off I-94 portion of Form I-797A.

Back:

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7. Exhibit - Computer-Generated INSPASS I-94

This is an exhibit of a computer-generated INSPASS I-94.

Issued to B-1, D-1, E-1, E-2, L-1, TC, TN, and WB travelers:

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Issued to WB travelers:

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8. I-94 with parole stamp

This is an exhibit of an I-94 with a parole stamp.

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9. Exhibit - I-94 with refugee stamp

This is an exhibit of an I-94 with a refugee stamp.

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10. Exhibit — I-94 with asylum stamp

This is an exhibit of an I-94 with an asylum stamp.

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C. POLICY - EVIDENCE OF LAWFUL TEMPORARY ADMISSION

An alien who does not have an I-94 is lawfully admitted if he/she submits one of the following documents.

CAUTION: Aliens presenting any of these documents do not have employment authorization.

DOCUMENT	TITLE/DESCRIPTION
I-95A	Crewman's Landing Permit (for foreign crewmen between trips).
I-184	Alien Crewman Landing Permit and Identification Card (for temporary shore leave while in port).
I-185	Nonresident Alien Canadian Border Crossing Card. This card is not subject to any time/distance limitations.
I-186	Nonresident Alien Mexican Border Crossing Card. Bearer authorized to enter the U.S. for 72 hours or less, travel up to 25 miles from the U.S. - Mexican border. (Issued prior to 3/1/80.)
I-444	Mexican Border Visitor's Permit. Issued to Mexican nationals to travel more than 25 miles from the border but within the five State area of Arizona, California, Nevada, New Mexico and Texas only, for a period of more than 72 hours but less than 30 days. If the bearer is outside the above States or if the form is expired, the document is invalid.
I-586	Nonresident Alien Border Crossing Card. This document replaces the I-186 and is subject to the same 72 hour/25 mile limitation. (INS began issuing this form in 1980.)
Mica	U.S. Border Crossing Identification Card and Visa. This card is issued by the Department of State through posts in Mexico. (“Mica” means “card.”) The card looks like a visa but the holder can use it in lieu of the I-586 to travel in the U.S for up to 72 hours within 25 miles of the U.S. - Mexico border.

D. PROCEDURE

Handle evidence for SSN cards as follows:

1. Evaluating Documents

Check both sides of documents issued to nonimmigrants for expiration dates and /or extensions.

2. Expired Documents

Do not process the SS-5 when an expired document is submitted since no SSN can be assigned. Return the SS-5 to the applicant and refer the individual to INS. Return mailed-in applications with an SSA-L676 denial notice.

3. INS Receipts

Do not process the SS-5 when an INS receipt is submitted since the alien must submit the appropriate INS document issued. (A receipt showing the alien applied for the document is not acceptable.)