Cross-Border American Indian Tribes and Cuban/Haitians

Cross-Border American Indian Tribes

Definition

Indian tribes refer to a federally recognized Indian tribe, band, nation or other organized group or community. Cross-Border American Indians, born in Canada or Mexico, are entitled to freely cross the U.S. border into Canada or Mexico.

Rule

Members of an Indian tribe must present proof of membership in a tribe.

Documents

In the absence of appropriate USCIS documents “Memorandum of Creation of Record of Lawful Permanent Residence” (I-181) members of an Indian tribe must present a membership card or other tribal document demonstrating membership in an Indian tribe. If the member has no document evidencing tribal membership, the agency will contact the Indian tribe for verification of membership.

Cuban/Haitians

Definition

Cuban/Haitians are noncitizens from Cuba or Haiti who:

Have never been granted parole status as a Cuban/Haitian (Status Pending), or
Have never been granted any other special status subsequently established under the immigration laws for nationals, or
Are nationals of Cuba or Haiti AND:
- Were paroled into the U.S. and have not acquired any other status under the Immigration and Nationality Act, or
- Are the subject of removal proceedings under the Immigration and Nationality Act, or
- Have an application for asylum pending; and
For whom no final order of removal has been entered by USCIS.

Note: Some Cuban/Haitians who arrived prior to November 5, 1988 are eligible to apply for LPR under IRCA. Refer to Amnesty (IRCA) for more information.

Rule

Applicants who meet the definition of Cuban/Haitians and have the proper documents are entitled to receive ECA and EMA while they are time eligible. The beginning date of eligibility for ECA is based on the date of release from USCIS custody as verified by acceptable USCIS documentation, not the date of entry into the U.S. Once the time period for ECA/EMA has expired, Cuban/Haitians are qualified aliens for other public benefits. Cuban/Haitians are not sponsored.

Documents

Use the following table to determine who is a Cuban/Haitian and what documents are required:

Identification	Documents
Any national of Haiti granted parole status as a Cuban/Haitian (Status Pending) or granted any other special status subsequently established under the immigration laws for nationals of Haiti. This is regardless of the status of the individual at the time assistance or services are provided.	I-94 (“Arrival/Departure Record”) endorsed “Cuban/Haitian (Status Pending)” issued prior to 10/10/80.
Any other national of Haiti who: Was paroled into the U.S. and has not acquired any other status under the INA, OR Is the subject of exclusion or deportation proceedings under the INA, OR Has an application for asylum pending with USCIS, AND Has no final, non-appealable, and legally enforceable order of deportation or exclusion against them.	A Haitian national paroled into the U.S. for humanitarian reasons or in the public interest. I-94 states “parole” or is referenced Section 212(d)(5). Individuals in this category (Students, Tourists, Workers) need additional documentation along with the I-94. Letters or notices in their possession which indicate ongoing exclusion or deportation proceedings are sufficient. A Haitian national who has filed a claim for political asylum. The I-94 includes the notation “Form I-589 Filed.”
Cuban and Haitian Nationals from Guantanamo and Havana who have been admitted under Section 212(d)(5)(A) of the INA WITH special presidential protocol.	I-94 stamped with “Public Interest Parolee per Presidential Policy dated 10/14/94.”

Cross-Border American Indian Tribes and Cuban/Haitians