Iowa Admin. Code r. 282-7.3

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 282-7.3 - Acceptable evidence

The board shall accept as proof of lawful presence in the United States documents outlined in Lists A and B below. The board will not routinely retain the evidence sent and will not return the evidence once submitted. Documents may be retained by the board in computer "imaged" format. Legible copies of documents will be accepted. Original documents will not be required unless a question arises concerning the documentation submitted.

(1)List A-acceptable documents to establish U.S. citizenship.

a. A copy of a birth certificate issued in or by a city, county, state, or other governmental entity within the United States or its outlying possessions.

U.S. Certificate of Birth Abroad (FS-545, DS-135) or a Report of Birth Abroad of U.S. Citizen (FS-240).

c. A birth certificate or passport issued from:

(1) Puerto Rico, on or after January 13, 1941.

(2) Guam, on or after April 10, 1989.

(3) U.S. Virgin Islands, on or after February 12, 1927.

(4) Northern Mariana Islands after November 4, 1986.

(5) American Samoa.

(6) Swain's Island.

(7) District of Columbia.

d. A U.S. passport (expired or unexpired).

e. Certificate of Naturalization (N-550, N-570, N-578).

f. Certificate of Citizenship (N-560, N-561, N-645).

U.S. Citizen Identification Card (1-79,1-197).

h. An individual Fee Register Receipt (Form G-711) that shows that the person has filed an application for a New Naturalization or Citizenship Paper (Form N-565).

i. Any other acceptable document which establishes a U.S. place of birth or indicates U.S. citizenship.

(2)List B-acceptable documents to establish alien status.

a. An alien lawfully admitted for permanent residence under the Immigration and Naturalization Act (INA). Evidence includes:

(1) EMS Form 1-551 (Alien Registration Receipt Card, commonly known as a "green card"); or

(2) Unexpired Temporary 1-551 stamp in foreign passport or on EMS Form 1-94.

b. An alien who is granted asylum under Section 208 of the EMA. Evidence includes:

(1) EMS Form 1-94 annotated with stamp showing grant of asylum under Section 208 of the INA.

(2) EMS Form 1-668B (Employment Authorization Card) annotated "274a. 12(a)(5)."

(3) INS Form 1-776 (Employment Authorization Document) annotated "A5."

(4) Grant Letter from the Asylum Office of INS.

(5) Order of an immigration judge granting asylum.

c. A refugee admitted to the United States under Section 207 of the INA. Evidence includes:

(1) EMS Form 1-94 annotated with stamp showing admission under Section 207 of the INA.

(2) EMS Form 1-668B (Employment Authorization Card) annotated " 274a. 12(a)(3)."

(3) EMS Form 1-766 (Employment Authorization Document) annotated " A3."

(4) EMS Form 1-571 (Refugee Travel Document).

d. An alien paroled into the United States for at least one year under Section 212(d)(5) of the EMA. Evidence includes EMS Form 1-94 with stamp showing admission for at least one year under Section 212(d)(5) of the INA.

e. An alien whose deportation is being withheld under Section 243(h) of the EMA (as in effect immediately prior to September 30, 1996) or Section 241(b)(3) of such Act (as amended by Section 305(a) of Division C of Public Law 104-2-8 ). Evidence includes:

(1) EMS Form 1-668 (Employment Authorization Card) annotated " 271a. 12(a)(10)."

(2) INS Form 1-766 (Employment Authorization Document) annotated "AlO."

(3) Order from an immigration judge showing deportation withheld under Section 243(h) of the INA as in effect prior to April 1, 1997, or removal withheld under Section 241(b)(3) of the INA.

f. An alien who is granted conditional entry under Section 203(a)(7) of the INA as in effect prior to April 1, 1980. Evidence includes:

(1) INS Form 1-94 with stamp showing admission under Section 203(a)(7) of the INA.

(2) EMS Form 1-668 (Employment Authorization Card) annotated "274a. 12(a)(3)."

(3) INS Form 1-776 (Employment Authorization Document) annotated "A3."

g. An alien who is a Cuban or Haitian entrant (as defined in Section 501(e) of the Refugee Education Assistance Act of 1980). Evidence includes:

(1) EMS Form 1-551 (Alien Registration Receipt Card, commonly known as a "green card") with the code CU6, CU7, or CH6.

(2) Unexpired temporary 1-551 stamp in foreign passport or on INS Form 1-94 with code CU6 or CU7.

(3) EMS Form 1-94 with stamp showing parole as "Cuban/Haitian Entrant" under Section 212(d)(5) of the INA.

h. An alien paroled into the United States for less than one year under Section 212(d)(5) of the INA. Evidence includes INS Form 1-94 showing this status.

i. An alien who has been declared a battered alien. Evidence includes EMS petition and supporting documentation.

j. Any other documentation acceptable under the BMA to establish alien status.

Iowa Admin. Code r. 282-7.3