1805.020.10 Qualified Immigrant

1805. Qualified Immigrants With No Waiting Period

IM-97 November 9, 2015

Qualified immigrants entering the U.S. on or after August 22, 1996 who are members of one of the groups listed below have no waiting period:

  • American Indians born in Canada
  • Amerasian Immigrant
  • Asylees under 208 of INA
  • Cubans and Haitian entrants defined in Section 501(e) of the Refugee Education Assistance Act of 1980
  • Immigrants for whom deportation or removal has been withheld under either 243(h) or 214(b)(3) of the INA
  • Iraqi and Afghan Special Immigrants
  • Refugees under 207 of INA
  • Trafficking Victim, as defined by the Trafficking Victims Act of 2000
    • Department of Health and Human Services (HHS) Office of Refugee Resettlement (ORR) has been delegated the authority to conduct certifications for victims for trafficking. To receive a certification, a victim of trafficking must be willing to assist with the investigation and prosecution of trafficking cases AND either (1) have made a bona fide application for a T visa OR (2) be an individual whose continued presence the Attorney General is ensuring to effectuate a trafficking prosecution.
    • When a victim of trafficking applies for benefits, record the “entry date” which is considered the certification date. Record the expiration dates of the certification/eligibility letter for children.
    • Redeterminations of eligibility as a victim of trafficking must be completed when the certification/eligibility letter expires.
    • Victims of trafficking may not possess standard identity documents, such as driver’s licenses or social security cards. Do not automatically deny the applications but call the Trafficking Verification line at 202-401-5510 for assistance.