TN 18 (12-12)

A. Definition of asylee

An asylee is an alien granted asylum by the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS) or the Department of Justice (DOJ), Executive Office for Immigration Review (EOIR).

SSN applicants who have applied for asylum but have not yet been granted asylum are NOT asylees.

See Also:

• RM 10211.001B.6, definition of asylee

• RM 10211.205D, policy when an applicant has applied for asylum

B. Evidence requirements for asylees

Asylees may submit one of the following documents as evidence of asylum granted status:

• Form I-94 (Arrival/Departure Record) with asylum granted stamp, see RM 10211.207;

• Form I-766 (Employment Authorization Document) with Category "A5", "A05", or "A-5", see RM 10211.209; or

• Order of the Immigration Judge granting asylum, see RM 10211.211.

If an asylee submits more than one unexpired immigration document, enter the most recently issued document on the "Proof of Legal Alien Status" screen in the Enumeration System per RM 10211.510A. If an asylee presents both the I-94 and unexpired foreign passport select “I-94 w/NO Foreign Passport” on the SSNAP Proof of Legal Alien Status screen per RM 10211.140B.

NOTE: On rare occasions, asylees applying for an original SSN may submit only one document to prove age, identity, and immigration status for an SSN card. For information on the exception to providing two documents when an asylee submits only one, see RM 10210.020D.

C. Employment authorization for asylees

Treat SSN applicants who submit evidence of asylee status as permanent resident aliens with permanent employment authorization. The Social Security Administration (SSA) issues asylees unrestricted SSN cards (cards without a legend).

D. Policy when SSN applicant has applied for asylum

When the evidence submitted or SAVE response shows the SSN applicant has applied but not yet been granted asylum, do not process the SSN application under the evidence of asylee status policy.

Generally, aliens who have applied but not yet been granted asylum:

• have an I-766 showing Category "C8", "C08", or "C-8";

• may get a SAVE response with the COA field code "AS";

• are NOT treated as permanent resident aliens with permanent employment authorization;

• are issued SSN cards with the legend, "VALID FOR WORK WITH DHS AUTHORIZATION" when the alien submits evidence of non-permanent work-authorized status;

• are subject to the two document requirement described in RM 10210.020; and

• are subject to the evidence requirements in RM 10211.420 when the alien submits an I-766 that does not meet the criteria in RM 10211.209A
  

While the applicant’s I-766 card with Category “C8”, “C08”, or “C-8” is not evidence of asylum granted status, it is evidence of immigration status and employment authorization per RM 10211.420.