210 R.I. Code R. 210-RICR-10-00-3.9

Current through December 3, 2024

Section 210-RICR-10-00-3.9 - Evidence Accepted for Verification Purposes

A. Accepted forms of documented evidence for each non-financial eligibility factor is set forth below:

1. Identity - The State accepts the following as proof of identity, provided such document has a photograph or other identifying information sufficient to establish identity, including, but not limited to, name, age, sex, race, height, weight, eye color, or address:

a. Driver's license issued by a State or Territory;

b. School identification card;

c. U.S. military card or draft record;

d. Identification card issued by the Federal, State, or local government;

e. Military dependent's identification card;

f. U.S. Coast Guard Merchant Mariner card;

g. For children under the age of nineteen (19), a clinic, doctor, hospital, or school record, including preschool or day care records;

h. Two (2) other documents containing consistent information that corroborates an applicant's identity. Such documents include, but are not limited to, employer identification cards; high school, high school equivalency and college diplomas; marriage certificates; divorce decrees; and property deeds or titles.

i. Finding of identity from a Federal or State governmental agency. The State may accept as proof of identity a finding of identity from a another government agency, federal or state, including but not limited to a public assistance, law enforcement, internal revenue or tax bureau, or corrections agency, if the identity of the applicant has been verified and certified.

j. If the applicant does not have any of the documentation cited herein, the State accepts an affidavit signed, under penalty of perjury, by a person other than the applicant who can reasonably attest to the applicant's identity. Such affidavit must contain the applicant's name and other identifying information establishing identity. The affidavit does not have to be notarized.

2. Social Security Number - The following are accepted forms of proof of Social Security Number:

a. Social Security Card

b. Social Security Records

c. Tax return or other document showing SSN and identity.

3. Date of Birth/Age - In addition to a birth certificate, the State accepts the following evidence of date of birth:

U.S. Passport	Naturalization Certificate
Hospital Birth Records	Social Security Administration Award Letter if DOB is included
Adoption Records	Affidavit of a Third Party
School Records	Military Service Records
Physician Records	USCIS Immigration Documents
Driver's License or State-issued Photo ID	Church Records (Baptismal Certificate, Confirmation Papers, Marriage Certificate)
Social Security Card or Records	Voter Registration Card
Life Insurance Policy	Family Bible
Marriage License	State/Federal Census Record

4. Citizenship - The evidence accepted as proof of citizenship varies in accordance with the following:

a. Stand-alone evidence of citizenship. The State accepts the following as sufficient evidence of citizenship:

(1) A U.S. passport, including a U.S. Passport Card issued by the Department of State, without regard to any expiration date as long as such passport or Card was issued without limitation;

(2) A Certificate of Naturalization;

(3) A Certificate of U.S. Citizenship;

(4) A valid State-issued driver's license if the State issuing the license requires proof of U.S. citizenship, or obtains and verifies a SSN from the applicant who is a citizen before issuing such license;

(5) Documentary evidence issued by a federally-recognized Indian Tribe identified in the Federal Register by the Bureau of Indian Affairs within the U.S. Department of the Interior, and including Tribes located in a State that has an international border, which identifies tribe that issued the document; the applicant by name; and; confirms the applicant's membership, enrollment, or affiliation with the Tribe;

(6) A data match with the Social Security Administration.

b. Secondary evidence - If primary evidence of citizenship is unavailable, the following must be accepted as satisfactory evidence to establish citizenship if also accompanied by an identity document listed in § 3.10(A)(3) of this Part:

(1) A U.S. public birth certificate showing birth in one of the fifty (50) States, the District of Columbia, Guam, American Samoa, Swain's Island, Puerto Rico (if born on or after January 13, 1941), the Virgin Islands of the U.S. or the CNMI (if born after November 4, 1986, (CNMI local time)). The birth record document may be issued by a State, Commonwealth, Territory, or local jurisdiction. If the document shows the application was born in Puerto Rico or the Northern Mariana Islands before the applicable date referenced in this paragraph, the applicant may be a collectively naturalized citizen. In such instances, the State accepts the evidence identified in 42 C.F.R. § 435.945;

(2) At State option, a cross match with a State vital statistics agency documenting a record of birth;

(3) A Certification of Report of Birth, issued to U.S. citizens who were born outside the U.S;

(4) A Report of Birth Abroad of a U.S. Citizen;

(5) A Certification of birth in the United States;

(6) A U.S. Citizen I.D. card;

(7) A Northern Marianas Identification Card issued by the U.S. Department of Homeland Security (or predecessor agency);

(8) A final adoption decree showing the child's name and U.S. place of birth, or if an adoption is not final, a Statement from a State-approved adoption agency that shows the child's name and U.S. place of birth;

(9) Evidence of U.S. Civil Service employment before June 1, 1976;

(10) U.S. Military Record showing a U.S. place of birth;

(11) A data match with the SAVE Program or any other process established by USCIS to verify that an applicant is a citizen;

(12) Documentation that a child meets the requirements of §101 of the Child Citizenship Act of 2000 as amended (8 U.S.C. § 1431);

(13) Medical records, including, but not limited to, hospital, clinic, or doctor records or admission papers from a nursing facility, skilled care facility, or other institution that indicate a U.S. place of birth;

(14) Life, health, or other insurance record that indicates a U.S. place of birth;

(15) Official religious record recorded in the U.S. showing that the birth occurred in the U.S.;

(16) School records, including pre-school, Head Start and daycare, showing the child's name and U.S. place of birth;

(17) Federal or State census record showing U.S. citizenship or a U.S. place of birth;

(18) If the applicant does not have one of the documents listed in §§ 3.9(A)(4)(b)(1) through (17) of this Part herein, he or she may submit an affidavit signed by another person under penalty of perjury who can reasonably attest to the applicant's citizenship, and that contains the applicant's name, date of birth, and place of U.S. birth. The affidavit does not have to be notarized.

c. Verification of citizenship by a Federal agency or another State. The State may rely, without further documentation of citizenship or identity, on a verification of citizenship made by a Federal agency or another State, if such verification was done on or after July 1, 2006.

5. Satisfactory Immigration Status - In the event that electronic data sources fail, the State may require an applicant to provide the appropriate form of evidence to prove status, as listed below:

Immigration Status

Birth Certificate (if born in the U.S.) - otherwise this does not show immigration status in the U.S.

U.S. Passport

Naturalization Certificate

Military Service Records

Alien Resident Card (I-155) (also known as a "Green Card")

Employment Authorization Card (I-688B)

For recent arrivals, a temporary I-551 stamp in a foreign passport or on USCIS Form I-94

Unexpired Re-entry Permit (Form I-327)

Forms AR-3 and AR-3a, Alien Registration Receipt Card

USCIS Form I-94 with stamp showing admission under 203(a)(7) of the INA, refugee conditional entry

USCIS Form I-688B (or USCIS employment authorization card) annotated 274a.12(a)(3);

USCIS Form I-766 annotated A3.

For lawful permanent residents who are victims of domestic violence - IRS form I551 or I551B coded IB1 through IB3, IB6 through IB8, B11, B12, B16, B17, B20 through B29, B31 through B33, B36 through B38, BX1 through BX3, BX6, BX7 or BX 8

For victims of domestic violence petitioning for legal status who are considered as "qualified aliens" under PROWORA - IRS Form 797 showing an approved 1-360 or 1-13 selfpetitioning as a spouse or child of a U.S. citizen or lawful permanent resident; OR USCIS Form 797 showing a Notice of Prima Facie Determination

USCIS Form I-94 with date of admission and annotated with unexpired status as listed in §0304.05.45.05

Dated USCIS letter or court order indicating a lawfully residing status listed in §0304.05.45.05

An unexpired USCIS employment authorization document (I-688-B) annotated with status code

Applicants for asylum: I-94, I-589 on file, I-688B coded 274a.12(c)(8)

Applicants for suspension of deportation: I-94, I-256A on file, I-688B coded 274a.12(c)(10)

Non-citizens granted stays of deportation by court order statute or Regulation or by individual determination of USCIS whose departure the USCIS does not contemplate enforcing: letter or Granted a stay of deportation, I-688B coded 274.12(c)(12)

Non-citizens granted suspension of deportation pursuant to §244 of INA (8 U.S.C. § 1254) whose departure the USCIS does not contemplate enforcing: letter/order from the immigration judge and a Form I-94 showing suspension of deportation granted

Non-citizens residing in the United States pursuant to an Order of Supervision: USCIS Form I-220B, I-688B coded 274a.12(c)(18)

Temporary Protected Status: I-94 "Temporary Protected Status" and/or I-688B employment authorization coded 274a.12(a)(12)

Deferred Enforced Departure: Letter from USCIS; I-688B coded 274a.12(a)(11)

Family Unity: USCIS approval notice, I-797, and/or I-688B coded 274a.13

Non-citizens granted deferred action status: Letter indicating that the non-citizen's departure has been deferred and/or I-688B coded 274a.12(c)(14)

Non-citizens who have filed applications for adjustment of status whose departure the USCIS does not contemplate enforcing: Form I-94 or I-181 or passport stamped with either of the following: "adjustment application" or "employment authorized during status as adjustment applicant"; and/or I-688B coded 274a.12(c)(9)

USCIS Form I-94 annotated with stamp showing entry as a refugee under §207 of the INA and date of entry

USCIS Form I-688B (or USCIS Employment Authorization Card) annotated 274a.12(a)(3)

USCIS Form I-766 annotated A3

USCIS Form I-571

USCIS Form 551 (Resident Alien Card) coded RE-6, RE-7, RE-8, or RE-9

USCIS Form I-94 annotated with stamp showing a grant of asylum

Grant letter from the Asylum Office of the USCIS

USCIS Form I-688B annotated with 274a.12(a)(S)

USCIS Form I-766 annotated

Order from Immigration Judge granting asylum

Order from an Immigration Judge showing the date of a grant of deportation withheld under §243(h) of the INA

USCIS Form I-688B (or USCIS employment authorization card) annotated 274a.12(a)(10)

USCIS Form I-766 annotated A10

USCIS Form 551 with codes CU6, CU7, or CH6

Unexpired temporary I-551 stamp in a foreign passport or USCIS Form I-94 with codes CU6 or CU7

USCIS Form I-94 with stamp showing the individual paroled as a Cuban/Haitian Entrant under §212(d)(5) of the INA

An USCIS Form I-94 annotated with a stamp showing grant of parole under §212(d)(5) of the INA and a date showing granting of parole for at least one (1) year is acceptable verification of this status

ORS issues a certification letter to adults and a letter of benefit eligibility pursuant to §107(b) of the Trafficking Victims Protection Act of 2000 to children under eighteen (18) years of age: For adult, the ORS certification letter is proof of qualified non-citizen status; For children under age eighteen (18), the ORS letter of benefit eligibility is proof of qualified non-citizen status.

B. The State accepts a photocopy, facsimile, scanned or other copy of a document that must be accepted to the same extent as an original document identified as accepted evidence under this Part, unless information on the copy submitted is inconsistent with other information available to the State or the State otherwise has reason to question the validity of, or the information in, the document.

210 R.I. Code R. 210-RICR-10-00-3.9

Adopted effective 12/29/2022