Processing USCIS Documents

Applicants/recipients must provide original USCIS documents as verification of immigration status. Certified copies are acceptable. If the client and/or USCIS cannot provide adequate verification, the application must be denied.

Photocopying/Scanning USCIS Documents

The EW must have a copy of the original documents (front and back) scanned into Imaging for purposes of eligibility determination. Certificates of naturalization and citizenship state on their face: “It is punishable by U.S. law to copy, print, or photograph this certificate”. This statement is derived from 18 USC 1426(h) which provides a criminal penalty to those who reproduce the applicable documents. If questioned by the client, we are allowed to photocopy these documents. Benefit granting agencies such as SSAs have been given lawful authority to photocopy/scan appropriate USCIS documents as verification provided by 104.26 of Section 8 of the CFR.

Lost, Mutilated, or Destroyed Documents

A client who states their USCIS documents are lost, mutilated or destroyed must be referred to USCIS to apply for replacement documents. If the client has a disability (mental or physical impairment, etc.) that limits their ability to provide the required documentation, every effort must be made to help the client obtain the evidence.

Temporary eligibility can be granted as long as the client:

Can give us an USCIS receipt that provides information that the document has been requested to be replaced, and
Knows their alien registration number so that SAVE can be requested.

Reminder: Follow-up on receipt of actual document and scan a copy of the document into Imaging.

For information on how to apply for a new/replacement document, clients can call the USCIS toll-free number, 1-800-375-5283. Information is available in English and Spanish.

Altered or Phony Documents

When a document does not reasonably appear to be genuine the EW must verify the information through SAVE before accepting the document. Resolve all discrepancies by asking for supporting evidence. Does the reported information appear logical? Point out any inconsistencies and ask for clarification.

Incorrect Information on Documents

Clients often present USCIS documents and then state that certain information is not accurate. The most common problem is date of birth. Many immigrants do not have a copy of their birth certificate. Depending on who and where the application for immigration is completed depends on the information that is recorded. Some will accept the clients statement as date of birth and enter that, others will not. The problem arises when an incorrect date is entered for lack of an actual birth certificate.

When the client arrives here with inaccurate information, USCIS can only correct a date of birth up to a certain point in their process. If the client arrives in the U.S. and goes to court to correct the date, USCIS can probably correct it. If they wait until they apply for residency it is too late. They have to have the information corrected prior to their request for their I-551. USCIS is under no obligation to correct a birthdate when the client has a court order. When the client has gone to court and corrected the information our agency will accept the information provided by the court order. This is an instance where conflicting information is allowed.

Expired Documents

Lawful Permanent Resident (LPR)

An immigrant who has attained LPR status and has one of the following older documents (I-151, AR3 or AR 103) remains an LPR even if the document has expired. An expired document does not change their permanent status for purposes of receiving public benefits.

Any Other Immigration Status

USCIS documents showing “Conditional” status with an overdue expiration date cannot be accepted. When documents are expired, the client must be referred to USCIS to secure current documentation.

Exception: The I-94 that states “Processed for I-551” may have a time limit that has passed. This is still acceptable verification due to the time lag with USCIS processing. Refer to I-94 “Arrival-Departure Form.” Public Interest Parolee’s documents may also expire pending LPR status from USCIS due to the time lag with USCIS processing. Refer to Rule.