Amnesty (IRCA)

Definition

Amnesty noncitizens are unauthorized or illegal noncitizens who were given the opportunity to legalize their immigration status. The IRCA was enacted in 1986 to grant certain individuals amnesty.

The IRCA Amnesty program has expired. However, there still may be IRCA individuals whose USCIS status has not been resolved.

IRCA allowed certain noncitizens residing unlawfully in the U.S. to apply for permanent residency status if they could otherwise qualify as legal residents under USCIS guidelines. IRCA included:

Pre-1982 Amnesty Aliens — INA Section 245A (general amnesty)
SAWS — INA Section 210 (farmworkers)
RAWs — INA Section 210A
Cuban/Haitian — INA Section 212
Registry Aliens Pre-1972 Amnesty — INA Section 249.

After the initial interview for legalization, the noncitizen was given an “Employment Authorization Card” (I-688A). The I-688A was valid for six (6) months from the date of issuance, then expired if not given a one (1) year extension by USCIS. Noncitizens granted temporary resident status were issued a “Temporary Resident Card” (I-688). The expiration date is printed on the card. Effective May 5, 1992, amnesty noncitizens that completed the five-year period of ineligibility were granted PRS and issued a “Resident Alien Card” (I-551).

Filing Dates

The following table shows the filing dates for IRCA noncitizens.

IRCA Category	Filing Date	5-Year Period End Date
Amnesty	5/5/87	5/5/92
TRS under IRCA	5/1/87–5/4/88	5/4/93
SAWS only	11/30/88	11/30/93
Zambrano v. INS	12/29/89	12/29/94

Section 245A - “Pre-1982 Amnesty Aliens”

Section 245A amnesty noncitizens are also known as the “Pre-1982 Amnesty Aliens”. Noncitizens who lived in the U.S. illegally before January 1, 1982, could apply for TRS from May 5, 1987 to May 4, 1988. Noncitizens who were granted TRS under Section 245A were given a time-limited I-688 when amnesty was granted. They were eligible to apply for PRS after serving 18 months in TRS. In order to remain legally in the U.S., a TRS noncitizen had to request adjustment of status by the end of the 30th month. USCIS was required to then issue an I-551.

Note: If USCIS attached a label to the back of the I-688 noting: “PRS processed for I-551”, it means the noncitizen has been granted PRS. USCIS may also have attached a sticker(s) or a card may be attached which has holes punched to indicate month/year of expiration extending the validity of the card past the 5-year limit if they are still processing the paperwork. The client must have a current sticker or card with holes punched indicating appropriate extension to be eligible.

Follow these rules to determine current status:

If...	Then...
USCIS did not grant PRS,	The noncitizen is now undocumented.
USCIS did not extend the TRS expiration date,	The noncitizen is now undocumented.
The I-688 sticker states “Processed for I-551”	The noncitizen has been granted PRS.
The I-688 sticker states “USCIS Valid for One (1) Year from Expiration Date,”	The noncitizen's TRS has been extended.
The I-688 has a hole punched card extending the expiration date,	The noncitizen's TRS has been extended.
The I-688 states “USCIS Valid for 90 Days from Expiration Date,”	The noncitizen's TRS has been extended.

Section 210 - SAWS

Section 210 amnesty aliens are the SAWS. Noncitizens who lived in the U.S. and worked in perishable crop agriculture, under certain criteria, were eligible to apply for TRS. SAWS noncitizens were issued the I-688A while approval for TRS was pending. USCIS then issued the I-688 to SAWS noncitizens who have had their status legalized. USCIS issued an I-551 with class code 210 to SAWS noncitizens who have had their status adjusted to PRS.

Section 210A - RAWs

The RAWs program was never needed in California and was not implemented by USCIS. Proposed regulations were issued to officially end this program.

Section 212(d)(5) - Immigrants/Asylees prior to Jan. 1, 1982

Cuban-Haitians admitted to the U.S. prior to January 1, 1982 as immigrants or asylees, and persons who received a Cuban-Haitian designation before November 6, 1986, under INA Section 212(d)(5), could apply for immediate adjustment to PRS under Section 202 of IRCA. An I-551 is issued when PRS is granted.

Section 249 - “Registry Aliens” pre-1972

Persons in undocumented status prior to 1/1/72, who lived continuously in the U.S. since that time, could apply for immediate adjustment to PRS. Registry noncitizens are issued an I-551 when PRS has been granted.

Rule

Effective 5/5/92, amnesty aliens who completed the five-year period of ineligibility and are granted PRS are eligible to receive CalWORKs, GA, CalFresh and Medi-Cal benefits, if otherwise eligible.

Exception: Section 210 noncitizens, see table below.

The five-year moratorium begins with the person's “Date of Adjustment” to TRS. When the moratorium ends five years later, the following applies:

Section 210	Sections 212, 245A and 249
Amnesty aliens DO NOT have to show proof of PRS to be eligible for public benefits.	Amnesty aliens MUST show proof that PRS has been granted to be eligible for public benefits.

Date of Adjustment

The noncitizen's five-year period of ineligibility began with the date the noncitizen was granted lawful TRS. On USCIS documents this date is referred to as the “Date of Adjustment”. This date was used to determine the five-year period of ineligibility. The “Date of Adjustment” was established when the noncitizen paid their fees when originally applying for amnesty. Ask the client to provide one of the following documents (if not already on file) to determine the “Date of Adjustment.”

I-551

Two different versions of the I-551 were issued during the time frame that affects amnesty aliens. Earlier examples of the I-551 show the date as “temporary resident adjustment date”. This date is shown on the bottom line of the back of the card and reads: “TEMP RES ADJ DATE —, followed by the date. Use this date to calculate the five-year period of ineligibility.

Key to information on the I-551:

“TEMP RES ADJ DATE” - Month, day and year when the person became a temporary resident. This date is back-dated to the date the noncitizen filed for temporary residency. If there is no TEMP RES ADJ DATE line, the person did not get lawful permanent status through amnesty
Code indicates whether the person became legalized under INA Section 245A or Section 210 of the SAWS program
Date adjusted to lawful permanent status.

I-689

When the amnesty fees are paid, USCIS form I-689 is issued to the noncitizen as a receipt. The date of this receipt is the “Date of Adjustment” to TRS and can be used to calculate the five-year period of ineligibility.

Note: Form I-688 does NOT provide verification of the “TRS adjustment date”.

Unable to Determine Adjustment Date

If the I-551 or I-689 is not available or does not provide the “Date of Adjustment”, the EW must use Secondary SAVE “Document Verification Request” (G-845) to request verification of the TRS adjustment date for individual requests. USCIS form G-845 does not have a specific space for requesting the date of adjustment. USCIS has provided the following instructions for EWs when requesting this information:

At the top of the G-845, in the right column, is a large box headed “8. (Benefit)”. The bottom 1/3 of the box provides a blank space where the EW should insert the following message:

“Status Verifier: Please provide the date of adjustment to temporary resident status.”