305.21 Documentation of INS Status SR 97-43, 12/97 (FSM-A)

Require non-citizens to provide INS documentation of qualified alien status. Case technicians are not required to assist an applicant in verifying citizenship.

Exception: Non-citizens claiming qualified alien status due to battering or extreme cruelty must provide verification that:

• The violence occurred while the individual was residing in the United States;

• The batterer was the spouse or parent of the battered non-citizen, or the non-citizen child’s parent was the subject of the battering;

• The battered spouse or child was residing with the batterer at the time of the incident(s); and

• The battered individual no longer resides with the batterer.

Accept any reasonable evidence of physical violence against the individual, such as police reports, information from medical or school personnel, photographs, or signed statements from individuals familiar with the situation.

Other types of INS non-citizen documentation include notifications on INS letterhead, U.S. stamps on passports, or INS computer-printed fee receipts. If the non-citizen presents an unfamiliar type of documentation, follow the SAVE secondary verification procedures outlined below. Accept a document which is not issued by INS only when it provides reasonable evidence of immigration status. However, submit all non-INS documents to INS through the secondary verification process.