TN 22 (05-95)

A. Policy

INS has jurisdiction for determining who is lawfully admitted to the U.S. but is not LAPR.

B. Kinds Of Aliens with Temporary Alien Status

1. Aliens who have some documentary evidence of their status (refer to RM 10210.810 for information about employment authorization by class of admission), but do not meet alien requirements for Special Age 72, uninsured HI/SMI or SSI benefits include:

   • Foreign government representatives on official business and their families and servants,

   • Visitors for business or pleasure, including exchange visitors,

   • Aliens in travel status while traveling directly through the U.S.,

   • Crewmen on shore leave,

   • Treaty traders and investors and their families,

   • Foreign students,

   • International organization representatives and personnel and their families and servants,

   • Temporary workers including agricultural contract workers, workers of distinguished merit and intra-company transferees,

   • Members of foreign press, radio, film or other information media and their families.

2. Temporary aliens who meet alien eligibility requirements under PRUCOL criteria for SSI include, but are not limited to:

   • Parolees. These aliens, who are not otherwise admissible, are sometimes permitted to remain in the U.S. at the discretion of the government. (See SI 00501.440.)

   • Legalized aliens under the IRCA (see SI 00501.430.). SAWs are considered LAPR for benefit purposes. (See GN 00303.420A.3.)

NOTE: Permanent nonimmigrants, while not technically LAPR, are lawfully permitted to permanently reside and work in the U.S. (See SI 00501.420.)