A. Privacy in Customer Service

1. Background

Broadly stated, the purpose of the Privacy Act is to balance the government’s need to maintain personal information with the rights and protections against unwarranted invasions of privacy stemming from federal agencies’ collection, maintenance, use, and disclosure of personal information. [1] See 5 U.S.C. 552a.


​Under the Privacy Act, a federal agency must provide certain protection
s for personally identifiable information (PII) that it collects, disseminates, uses, or maintains. In particular, the Privacy Act covers systems of records that an agency maintains and retrieves by a person’s name or other personal identifier (for example, Social Security number). The Privacy Act requires that privacy information in the custody of the federal government be protected from unauthorized disclosure; violations of these requirements may result in civil and criminal penalties.

2. Application of the Privacy Act in Customer Service

The Department of Homeland Security (DHS) defines PII as any information that permits the identity of a person to be directly or indirectly inferred, including any information which is linked or linkable to that person regardless of whether the person is a U.S. citizen, lawful permanent resident, visitor to the United States, or a DHS employee or contractor.

Sensitive PII is defined as information which, if lost, compromised, or disclosed without authorization, could result in substantial harm, embarrassment, inconvenience, or unfairness to a person. Some examples of PII that USCIS customer service personnel may encounter include:

Name

A-number

Address

Date of birth

Social Security number

Certificate of Naturalization or Citizenship number

USCIS employees have a professional and legal responsibility to protect the PII the agency collects, disseminates, uses, or maintains about persons. All USCIS employees must exercise due care when handling all PII and all information encountered in the course of their work. All USCIS employees processing PII must know and follow the policies and procedures for storing, handling, and sharing PII. Specifically, USCIS employees must:

Collect PII only when authorized;

Limit the access and use of PII;

Secure PII when not in use;

Share PII, only as authorized, with persons who have a need to know; and

Complete and remain current with all PII training mandates.

Providing information to a customer about his or her case often involves releasing information covered under the Privacy Act. It is imperative that USCIS employees and contractors verify the identity of the customer, his or her authorized representative, or both, and ensure that they are entitled to receive case information. USCIS employees and contractors should never release PII over the phone until the identity of the caller and his or her need to know the information have been confirmed.

In addition, written responses to Service Requests or other inquiries are sent to the address of record. If the customer provides an address for a response that is different than the address listed in USCIS systems or in the applicant’s or petitioner’s file, the response should indicate that the customer must update his or her address before USCIS is able to send any correspondence to that address.

3. Congressional and Other Third-Party Releases

Numerous laws, regulations, and policies limit the disclosure of information contained in USCIS files and USCIS data systems. While the Privacy Act is limited to the protection of information regarding a lawful permanent resident or U.S. citizen, by policy, this protection is extended to all persons. In addition, specific statutory, regulatory, and policy protections may apply to certain cases, such as Violence Against Women Act (VAWA), T, and U cases.

Information from other agencies, such as U.S. Immigration and Customs Enforcement (ICE) or the Federal Bureau of Investigation (FBI), may be located in USCIS files and systems. This information must not be released in response to an inquiry, although it may be appropriate to refer the inquiry to another agency.

Case inquiries from Congressional offices are covered by guidance provided by the USCIS Office of Legislative Affairs (OLA) and any such inquiries must be handled by OLA or a designated congressional liaison in accordance with the OLA Standard Operating Procedures.

Generally speaking, the Privacy Act prohibits the disclosure of information subject to the protections of the Act without the consent of the person to whom the information relates. There are enumerated exceptions of the Act that may apply.

One of those exceptions authorizes disclosure to either House of Congress, or any Congressional committee or subcommittee, joint committee, or subcommittee of a joint committee if the matter is within their jurisdiction. For all other requests from members of Congress, such as constituent requests, USCIS requires that a written, signed, and notarized privacy release be obtained from the applicant or petitioner before any information is released.

Similarly, prior to responding to a non-Congressional third-party case inquiry, a written, signed, and notarized privacy release must be obtained from the applicant or petitioner.

4. Requests from Law Enforcement Agencies (LEAs)

Information may be shared with other DHS components under the existing DHS information sharing policy, which considers all DHS components one agency. Requests from LEAs outside of DHS should be referred to the Fraud Detection and National Security (FDNS) supervisor for the office. For requests from federal, state, or local government agency representatives who want to review or want copies of documents from an A-file, USCIS employees should refer to USCIS records procedures regarding outside agency requests for USCIS files.

If an Office of Personnel Management (OPM) or DHS Office of Inspector General (OIG) investigator requests information, the USCIS employee should provide the information upon verifying the requestor’s identity. USCIS employees and contractors are also reminded that they must provide prompt access for auditors, inspectors, investigators, and other personnel authorized by the OIG to any files, records, reports, or other information that may be requested either orally or in writing, and this cooperation may not be impeded by supervisors.

B. Maintaining Confidentiality of VAWA, T, and U Cases

1. Background

Applicants and recipients of immigration relief under the Violence Against Women Act of 1994 (VAWA) [2] See Pub. L. 103-322 (Sept. 13, 1994). and the Victims of Trafficking and Violence Prevention Act of 2000 [3] See Pub. L. 106-386 (Oct. 28, 2000). (T and U nonimmigrant status for victims of trafficking and other serious crimes) are entitled to special protections with regard to privacy and confidentiality. The governing statute prohibits the unauthorized disclosure of information about VAWA, T, and U cases to anyone other than an officer or employee of DHS, the Department of Justice (DOJ), or the Department of State (DOS) who has a need to know. [4] See 8 U.S.C. 1367.

This confidentiality provision is commonly referred to as “Section 384” because it originally became law under Section 384 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996, [5] See Pub. L. 104-208, 110 Stat. 3009-546, 3009-652 (September 30, 1996). which protects the confidentiality of victims of domestic violence, trafficking, and other crimes who have filed for or have been granted immigration relief.

Because an unauthorized disclosure of information regarding a VAWA, T, or U case can have significant consequences, it is imperative that USCIS employees maintain confidentiality in these cases. Victims of domestic violence, victims of trafficking, and victims of crimes can be put at risk, as can their family members, if information is provided to someone who is not authorized. Anyone who willfully uses, publishes, or permits any information pertaining to such victims to be disclosed in violation of the above-referenced confidentiality provisions may face disciplinary action and be subject to a civil penalty of up to $5,000 for each violation.

2. Scope of Confidentiality

Duration of Confidentiality Requirement

By law, the confidentiality provisions apply while a VAWA, T, or U case is pending and after it is approved, and ends when the application for immigration relief is denied and all opportunities for appeal of the denial have been exhausted. However, as a matter of policy, USCIS has extended the confidentiality to include denied petitions.

Disclosure of Information

USCIS cannot release any information regarding VAWA, T, and U cases until the identity of the requestor of information is verified and that person’s authorization to know or receive the protected information is verified. Such identity and eligibility verification must be done before responding to any inquiry, expedite request, referral, or other correspondence.

Exceptions for Disclosure of Information

USCIS is permitted to disclose information pertaining to VAWA, T, and U cases in certain, limited circumstances. These circumstances include:

Census InformationDisclosure of information may be made in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce. [6] See 13 U.S.C. 8.

Legitimate Law Enforcement PurposesDisclosure of information may be made to law enforcement officials to be used solely for a legitimate law enforcement purpose.

Judicial Review Information can be disclosed in connection with judicial review of a determination provided it is in a manner that protects the confidentiality of the information.

Applicant Waives Confidentiality Adults can voluntarily waive the confidentiality provision; if there are multiple victims in one case, they must all waive the restrictions.

Public Benefits Information may be disclosed to federal, state, and local public and private agencies providing benefits, to be used solely in making determinations of eligibility for benefits. [7] See 8 U.S.C. 1641(c).

Congressional Oversight Authority (for example, Government Accountability Office audits)The Attorney General and the Secretary of Homeland Security can disclose information on closed cases to the chairmen and ranking members of Congressional Committees on the Judiciary, for the exercise of Congressional oversight authority. The disclosure must be in a manner that protects the confidentiality of the information and omits PII (including location-related information about a specific person).

Communication with Non-Governmental Organizations (NGO) – Government entities adjudicating applications for relief [8] This applies to application for relief under 8 U.S.C. 1367(a)(2). and government personnel carrying out mandated duties under the Immigration and Nationality Act (INA) [9] See INA 101(i)(1). may, with the prior written consent of the foreign national involved, communicate with nonprofit NGO victims’ service providers for the sole purpose of assisting victims in obtaining victim services. Agencies receiving referrals are bound by the confidentiality provisions.

National Security Purposes The Secretary of Homeland Security, the Secretary of State, or the Attorney General may provide in their discretion the disclosure of information to national security officials to be used solely for a national security purpose in a manner that protects the confidentiality of such information.

3. Providing Customer Service in VAWA, T, and U Cases

When an applicant for VAWA, T, or U benefits requests customer service, USCIS employees must handle the request with care to ensure confidentiality is maintained.

Change of Address

A change of address can be made by submitting a written request with an original signature to the Vermont Service Center (VSC). Applicants with VAWA, T, or U related cases should not use change of address resources online. Instead, these applicants should submit a Change of Address (Form AR-11), or call the USCIS Contact Center to change their address.

If the case has been transferred to a USCIS field office, the VSC transfers the change of address request to the appropriate office. A change of address in VAWA, T, or U cases that has been transferred to a field office can only be made by a supervisor.

An applicant may also appear in person at a USCIS field office to request a change of address. The applicant’s identity must be verified prior to making the requested change. If the case is at the VSC, the field office must also notify the VSC of the change of address.

Telephonic Inquiries to the USCIS Contact Center

As previously noted, the identity of the person inquiring about a confidential case must be verified and that person’s eligibility to receive information must also be verified. Such verification cannot be effectuated telephonically.

C. Asylum, Refugees, Credible Fear Determinations, and Reasonable Fear Determinations

1. Background

Federal regulations generally prohibit the disclosure to third parties of information contained in or pertaining to asylum applications, credible fear determinations, and reasonable fear determinations. [10] See 8 CFR 208.6. This includes information contained in the Refugee and Asylum Processing System (RAPS) or the Asylum Pre-Screening System (APSS), except under certain limited circumstances. As a matter of policy, this regulation is extended to Registration for Classification as Refugee (Form I-590) as well as Refugee/Asylee Relative Petitions (Form I-730).

These regulations safeguard information that, if disclosed publicly, could subject the claimant to retaliatory measures by government authorities or non-state actors in the event the claimant is repatriated, or could endanger the security of the claimant’s family members who may still be residing in the country of origin.

Moreover, public disclosure might give rise to a plausible protection claim by the claimant where one would not otherwise exist by bringing an otherwise ineligible claimant to the attention of the government authority or non-state actor against which the claimant has made allegations of mistreatment.

Confidentiality is breached when information contained in or pertaining to an asylum application (including information contained in RAPS or APSS), refugee application, or I-730 petition is disclosed to a third-party in violation of the regulations, and the unauthorized disclosure is of a nature that allows the third-party to link the identity of the applicant to:

The fact that the applicant or petitioner has applied for asylum or refugee status;

Specific facts or allegations pertaining to the individual asylum or refugee claim contained in an asylum or refugee application; or

Facts or allegations that are sufficient to give rise to a reasonable inference that the applicant has applied for asylum or refugee status.

The same principles generally govern the disclosure of information related to credible fear and reasonable fear determinations, as well as to applications for withholding or deferral of removal under Article 3 of the Convention Against Torture, which are encompassed within the asylum application. As mentioned above and as a matter of policy, USCIS extends the regulatory safeguards to include refugee case information as well as Form I-730 information.

In the absence of the asylum or refugee applicant’s written consent or the Secretary of Homeland Security’s specific authorization, disclosure may be made only to U.S. government officials or contractors and U.S. federal or state courts on a need-to-know basis related to certain administrative, law enforcement, and civil actions.

The release of information relating to an asylum or refugee application, credible fear determination, or reasonable fear determination (including information contained in RAPS or APSS) to an official of another government or to any entity for purposes not specifically authorized by the regulations without the written consent of the claimant requires the express permission of the Secretary of Homeland Security.

2. Inquiries Related to an Asylum or Refugee Application or Credible or Reasonable Fear Determination

Information contained in, or pertaining to, any asylum or refugee application must not be disclosed to any third-party without the written consent of the applicant, except as permitted by regulation or at the discretion of the Secretary of Homeland Security. [11] See 8 CFR 208.6.

This includes neither confirming nor denying that a particular person filed:

Application for Asylum and Withholding of Removal (Form I-589);

Registration for Classification as Refugee (Form I-590); or

Refugee/Asylee Relative Petition (Form I-730).

USCIS employees should respond to inquiries related to Form I-589, Form I-590, and Form I-730 applications in different ways depending on the inquiry:

Request for Disability Accommodation at an Upcoming Form I-589 Interview

Tier 2 officers may create a Service Request Management Tool (SRMT) request and submit the request to the asylum office with jurisdiction over the pending asylum application. The asylum office then contacts the applicant to arrange for disability accommodation at the interview. While officers must not confirm or deny the existence of a pending asylum application, those making disability accommodation requests for upcoming asylum interviews should be told that the request is being recorded and will be forwarded to the appropriate office for follow-up.

Change of Address Request

Tier 2 officers may create a Service Request and submit it to the asylum office or service center with jurisdiction over the pending asylum application or Form I-730 petition. The office then fulfills the Service Request. While officers must not confirm or deny the existence of a pending asylum application, those making address change requests should be told that the request is being recorded and will be forwarded to the appropriate office.

USCIS Contact Center Status Inquiries for Form I-589 Applications and Form I-730 Petitions

USCIS Contact Center personnel may not respond to any status inquiries, and may not confirm or deny the existence of an application or petition. Instead, USCIS Contact Center personnel should direct the caller to the local office with jurisdiction over the application. The office with jurisdiction over the application must respond to the inquiry.

USCIS Contact Center Status Inquiries for I-590 Applications

USCIS Contact Center personnel may not respond to any status inquiries and may not confirm or deny the existence of an application or petition. Instead, USCIS Contact Center personnel should obtain all relevant information from the inquirer and refer the inquiry to the USCIS Headquarters Refugee Affairs Division (RAD) for response.

Inquiries Regarding Subsequent Applications or Petitions Based on Underlying Form I-589, Form I-590, or Form I-730

Officers may respond to inquiries regarding subsequent applications or petitions that are based on an underlying Form I-589, Form I-590, or Form I-730 (including Application for Travel Document (Form I-131), Application for Employment Authorization (Form I-765), or Application to Register Permanent Residence or Adjust Status (Form I-485) applications or petitions). Officers may not confirm or deny the existence of the underlying application.

General Inquiries

USCIS employees may respond to general questions about the asylum program, the U.S. Refugee Admission Program (USRAP), and credible and reasonable fear screenings. [12] Examples of general inquiries include: Who can apply for asylum or refugee status, how to apply for asylum or access the USRAP, bars to protection, whether applicants are eligible for work authorization, number of days it normally takes before an interview is scheduled. However, for all specific case status questions relating to I-589 applications or I-730 petitions, the inquirers must be directed to contact the local asylum office or service center with jurisdiction over the application. For specific case status questions relating to I-590 refugee applications, the inquiry must be referred to RAD for response.

Asylum offices may accept case inquiries from the applicant or the applicant’s attorney or representative with a properly completed Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28) on file.

Asylum offices may receive case inquiries in a variety of ways, such as by mail, email, phone, fax, or in person. When it is possible to verify the identity of the applicant or attorney or representative inquiring, offices may respond using any of those communication channels. If it is not possible to verify the identity of the inquirer, asylum offices should respond to inquiries by providing a written response to the last address the applicant provided.

RAD does not respond to inquiries over the phone, but instead asks the inquirer to put his or her request in writing so that the signature and return address can be compared to information on file. RAD responds to an inquiry received by email only if the email address matches the information the applicant submitted to the Resettlement Support Center.

D. Temporary Protected Status (TPS)

1. Background

Like refugee and asylum cases, information pertaining to TPS cases may not be disclosed to certain third parties because unauthorized disclosure of information may put the applicant or the applicant’s family at risk. [13] See INA 244(c)(6). See 8 CFR 244.16.

The law prohibits the release of information contained in the TPS application or in supporting documentation to third parties without the written consent of the applicant. A third party is defined as anyone other than:

The TPS applicant;

The TPS applicant’s attorney or authorized representative (with a properly executed Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28) on file);

A DOJ officer, which has also been extended to include a DHS officer following the transfer of certain immigration functions from DOJ to DHS; or

Any federal or state law enforcement agency.

2. Inquiries Related to TPS

USCIS may not release any information contained in any TPS application and supporting documents in any form to any third party, without a court order or the written consent of the applicant. [14] See 8 CFR 244.16 for exceptions.

Status inquiries may not confirm or deny the existence of a TPS application, or whether a person has TPS, until the identity of the inquirer has been confirmed and it has been determined the inquirer is not a third party to whom information may not be released.

USCIS employees must adhere to these same TPS confidentiality provisions regarding the disclosure of information to third parties even if the information is contained in a TPS-related form such as the Application for Employment Authorization (Form I-765), which every TPS applicant must file; a TPS-related waiver requested on Application for Waiver of Grounds of Inadmissibility (Form I-601); or a TPS-related Application for Travel Document (Form I-131). With respect to confidentiality, employees must treat these records as they do other TPS supporting documentation in the TPS application package.

USCIS employees may respond to general questions about the TPS program. [15] Examples of general inquiries include: Who can apply for TPS, how to apply for TPS, bars to TPS, whether applicants are eligible for work authorization, and the number of days it normally takes to adjudicate an application for TPS. However, for all case-specific questions relating to Form I-821 applications, identity must first be confirmed and eligibility to receive such information must first be established.

Offices must not take or respond to inquiries about the status of a TPS application made by telephone, fax, or email because it is not possible to sufficiently verify the identity of the inquirer. Offices may accept written status requests signed by the applicant (or the applicant’s attorney or representative with a properly completed Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28) on file).

3. Exceptions for Disclosure

Information about TPS applications and information contained in supporting documentation can be disclosed to third parties in two instances:

When it is mandated by a court order; or

With the written consent of the applicant.

Information about TPS cases can be disclosed to officers of DOJ, DHS, or any federal or state law enforcement agency since they are not considered third parties. [16] See 8 CFR 244.16. Information disclosed pursuant to the requirements of the TPS confidentiality regulation may be used for immigration enforcement or in any criminal proceeding.

E. Legalization

1. Background

Statutory and regulatory provisions require confidentiality in legalization cases and Legal Immigration Family Equity (LIFE) Act legalization cases, prohibiting the publishing of any information that may be identified with a legalization applicant. [17] See INA 245A(c)(4)-(5). See 8 CFR 245a.2(t), 8 CFR 245a.3(n), and 8 CFR 245a.21. The laws also do not permit anyone other than sworn officers and employees of DHS and DOJ to examine individual applications.

Information contained in the legalization application can only be used in the following circumstances:

To make a determination on the legalization application;

For criminal prosecution of false statements violations; [18] See INA 245A(c)(6). or

In preparation of certain reports to Congress.

A breach in confidentiality of legalization cases can result in a $10,000 fine.

2. Exceptions for Disclosure of Information

USCIS is permitted to disclose information pertaining to legalization cases in certain, limited circumstances. These circumstances include:

Law Enforcement Purposes

USCIS is required to disclose information to a law enforcement entity in connection with a criminal investigation or prosecution, when that information is requested in writing.

Requested by an Official Coroner

USCIS is also required to disclose information to an official coroner for purposes of affirmatively identifying a deceased person (whether or not the person died as a result of a crime).

Census Information

Disclosure of information may be made in the same manner and circumstances as census information may be disclosed by the Secretary of Commerce. [19] See 13 U.S.C. 8.

Available from Another Source

USCIS may disclose information furnished by an applicant pursuant to the legalization application, or any other information derived from the application, provided that it is available from another source (for example, another application or if the information is publicly available).

3. Inquiries Related to Legalization

Case-specific information may be provided to the applicant and the applicant’s attorney or authorized representative (with a properly completed Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28) on file) after the inquirer’s identity has been verified. No others are authorized to receive legalization information unless one of the enumerated exceptions to disclosure noted above applies.

F. Special Agricultural Workers (SAW)

1. Background

Material in A-files filed pursuant to the SAW program is protected by strict confidentiality provisions. [20] See INA 210. This pertains to the 1987-1988 SAW program. The statute provides that the employee who knowingly uses, publishes, or permits information to be examined in violation of the confidentiality provisions shall be fined not more than $10,000. In general, USCIS may not use information furnished by the SAW applicant for any purpose other than to make a determination on the application, for termination of temporary residence, or for enforcement actions relating to false statements in applications. [21] See INA 210(b)(7). The applicant may not waive the confidentiality provisions and they even survive the death of the applicant.

2. Exceptions for Disclosure and Use of Information

It is appropriate for DHS and DOJ employees to have access to SAW material. The materials are subject to the above mentioned penalties for unlawful use, publication, or release. USCIS is permitted to disclose information pertaining to SAW cases in certain, limited circumstances. These circumstances include:

Law Enforcement Purposes

USCIS is required to disclose information to a law enforcement entity in connection with a criminal investigation or prosecution, when that information is requested in writing.

Requested by an Official Coroner

USCIS is also required to disclose information to an official coroner for purposes of affirmatively identifying a deceased person (whether or not the person died as a result of a crime).

Criminal Convictions

Information concerning whether the SAW applicant has at any time been convicted of a crime may be used or released for immigration enforcement or law enforcement purposes.

3. Inquiries Related to Special Agricultural Workers

In general, it is permissible to disclose only that an applicant has applied for SAW and the outcome of the adjudication. Case information may be provided to the applicant and the applicant’s attorney or authorized representative (with a properly completed Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28) on file) after the inquirer’s identity has been verified. No others are authorized to receive SAW information unless one of the enumerated exceptions to disclosure noted above applies.

G. Nonimmigrants under S Visa Category

Nonimmigrants under the S visa category are foreign national witnesses or informants. An S nonimmigrant is not readily identified in USCIS systems. However, if a USCIS employee discovers that a customer is an S nonimmigrant or has applied for such status, the case must be handled carefully. Inquiries regarding an Interagency Alien Witness and Informant Record (Form I-854) as well as inquiries regarding an Application for Employment Authorization (Form I-765) filed on the basis of being a principal nonimmigrant witness or informant in S classification, and qualified dependent family members should come from a law enforcement entity. [22] See 8 CFR 274a.12(c)(21).

If a customer makes an inquiry regarding the status of a Form I-854 or a Form I-765 filed as an S nonimmigrant, the USCIS employee must neither confirm nor deny the existence of such applications and should inform the customer that inquiries on these applications must be submitted through appropriate law enforcement channels.

Also, under no circumstances may USCIS employees ask questions about the S nonimmigrant’s role in cooperating with law enforcement, the type of criminal activity for which the nonimmigrant is an informant or witness, or any specific information about the case in which the S nonimmigrant may be involved.

H. Applicants in the Witness Security Program

Applicants in the Witness Security Program (commonly known as the Witness Protection Program) are not identifiable in USCIS systems. Such applicants should not tell anyone, including USCIS employees, that they are participants in the program. Identities of foreign nationals in the program must be in separate immigration files. However, one file will have documentation of a legal name change.

If an applicant indicates that he or she is in the Witness Security Program, the applicant should be referred to the U.S. Marshals Service. Also, under no circumstances should USCIS employees ask questions about why or how the applicant was placed in the Witness Security Program or any specific information about the case which resulted in the applicant being placed in the Witness Security Program.

Footnotes


2. [^]

See Pub. L. 103-322 (Sept. 13, 1994).

3. [^]

See Pub. L. 106-386 (Oct. 28, 2000).

5. [^]

See Pub. L. 104-208, 110 Stat. 3009-546, 3009-652 (September 30, 1996).

6. [^]

See 13 U.S.C. 8.

8. [^]

This applies to application for relief under 8 U.S.C. 1367(a)(2).

10. [^]

See 8 CFR 208.6.

11. [^]

See 8 CFR 208.6.

12. [^]

Examples of general inquiries include: Who can apply for asylum or refugee status, how to apply for asylum or access the USRAP, bars to protection, whether applicants are eligible for work authorization, number of days it normally takes before an interview is scheduled.

14. [^]

See 8 CFR 244.16 for exceptions.

15. [^]

Examples of general inquiries include: Who can apply for TPS, how to apply for TPS, bars to TPS, whether applicants are eligible for work authorization, and the number of days it normally takes to adjudicate an application for TPS.

16. [^]

See 8 CFR 244.16.

18. [^]

See INA 245A(c)(6).

19. [^]

See 13 U.S.C. 8.

20. [^]

See INA 210. This pertains to the 1987-1988 SAW program.

21. [^]

See INA 210(b)(7).