2146  Documentation of Legal Status - Applicants/recipients who are identified as non-citizens on their application shall be required to document and verify their non-citizens status. The agency shall determine, from documentation obtained, if the person is a non-citizen who may be eligible to receive assistance. Only those non-citizens who are residents and meet one of the categories of qualifying non-citizens status described in 2142 or 2143 may participate.

 

For the categories listed in 2142 or 2143 , the person may also present other documents which indicate the person's immigration status and which the agency may determine are reasonable evidence of immigration status. For persons who can qualify based on a date of entry on or before August 22, 1996, documentation such as employment or school records can be used to demonstrate that the person was in the country if they did not have legal status or documentation during that time period. Also refer to the status and documentation on the chart and the Guidance on Noncitizen Verification in the Appendix.

 

NOTE: Mexican Consulates have started issuing Matricula Consular ID cards (also known as Matricula Consular de Alta Seguridad (MCAS) or Certificate of Consular Registration) to Mexican foreign nationals that reside in the US. For a card to be issued, the person must appear in person at the consular office and present several documents showing proof of nationality and address. These cards are sufficient to identify the individual and as proof of nationality. These cards are NOT sufficient to verify an immigrant legal immigration status in the US or eligibility for any program benefits. Appropriate documents as listed above and in the chart in the Appendix must be provided to establish eligibility for program benefits.

 

2146.1 Documentation Not Clear - If the appropriate BCIS form does not clearly indicate eligible or ineligible status, the agency is responsible for offering to contact BCIS. The agency does not need to offer to contact BCIS on the non-citizen's behalf when the person does not provide an BCIS document.

 

2146.2 Non-citizens Unable to Provide Documentation - If the alien is unable to provide any documentation of their status, the agency shall advise the person to contact the nearest INS office for verification. (Also see instructions in SAVE User Handbook, Appendix Item A-10.) In these situations, the agency has no responsibility to offer to contact BCIS on the non-citizen's behalf.

 

While awaiting acceptable documentation, the person whose status is questionable shall be ineligible but the eligibility of the remaining members (if any) shall be determined in accordance with the procedures listed in 4113 and 4212. If the Noncitizen does not wish to contact INS, the family or household shall be given the option of withdrawing its application or receiving assistance without that member.

 

2146.3 Documentation Obtained Later - If documentation of qualifying status is received at a later date, the specialist shall act on the information as a reported change in accordance with timeliness standards for these changes. See 9121.1 and 9122.7 as appropriate.

 

2146.4 Verification of Alien Status through SAVE - The immigration status of all alien clients must be verified through the Systematic Alien Verification for Entitlements (SAVE) program which is operated by Department of Homeland Security (DHS). Detailed instructions on primary and secondary verification procedures are contained in the SAVE User Handbook. (See Appendix, Item A-10.) No action to deny, reduce, or terminate benefits may be taken based solely on information obtained from DHS through the SAVE primary verification system.

 

NOTE: Secondary verification should be requested when the persons entrance date is in question. For persons adjusting status to legal permanent resident, the primary web-based verification system will communicate the date of adjustment rather than the original date of entrance. The secondary system will always provide the original date of entrance.

 

The results of SAVE verification queries shall be recorded on the SAVE Verification and Cost Avoidance Report (IM-3120.6) which must be retained indefinitely in the case record along with copies of the immigration status documentation provided by the alien. In addition, in response to a secondary verification request, DHS will attach a copy of a Cost Avoidance Report to the DHS (Form G-845). This report is to be completed and returned to DHS as soon after receipt as possible.

 

2146.5 Verification of 40 Qualifying Quarters of Coverage (For Food Assistance Only) - The Social Security Administration (SSA) is the primary source of quarters of coverage information. While some immigrants will already have 40 quarters clearly established in their SSA records, others may have been employed in jobs covered by Social Security, but earnings may not have been appropriately reported. Many immigrants, particularly migrant specialists, may have difficulty obtaining verification of employment and SSA will have to work with them in establishing quarters.

 

SSA has developed an automated system to provide state agencies, on an overnight basis, with information on quarters of coverage. Refer to the SSA 40 Qualifying Quarters of Coverage User Instructions issued in May 1997, and the Guidance on 40 Qualifying Quarters. (See Appendix.)

 

The procedures are for legal immigrants who believe that they have a work history that meets the 40 quarters exemption in the law. These procedures need not be followed for those legal immigrants who qualify for other exemptions in the law (refugees, asylees, deportees, or applicants with a claim to eligibility based on military service).

 

2146.6 Reasonable Opportunity to Provide Documentation (Medical Assistance Only) – The following provisions apply when an applicant or recipient declares legal non-citizen status, but is unable to provide verification of the status.

The agency may not request verification of legal non-citizen status from the applicant or recipient if that information is available through an available resource. The agency shall make every effort to verify the legal non-citizen status through those resources. The following automated and manual verification resources shall be utilized:

Tier 1 – Systematic Alien Verification for Entitlements (SAVE). The agency shall verify legal non-citizen status through the primary and secondary SAVE processes described in 2146.4. Should the agency be unable to verify non-citizen status in this manner, additional research is required.

Tier 2 –
Research by the agency. If the agency has been unable to verify legal non- citizen status through the available automated and manual interfaces, staff shall review the case file and imaged documents to determine whether a hard copy has already been provided.

Tier 3 –
Contact with the applicant or recipient. If the agency is unable to verify legal non-citizen status via any of the means above, verification shall initially be waived and a reasonable opportunity period applied as described below. The individual shall be contacted to provide verification and notified of the reasonable opportunity period.

An application shall not be delayed or denied because the agency was unable to verify legal non-citizen status. If otherwise eligible, the application shall be processed and approved granting a reasonable opportunity period to the individual to provide the verification. The reasonable opportunity period shall be three (3) calendar months commencing from the date the case is authorized. If the individual fails to provide verification (or the agency is unable to independently verify) by the end of the reasonable opportunity period, coverage shall end allowing for timely notification. If verification is provided within the month after the month coverage ends, eligibility may be reinstated without a new application/request. The following examples illustrate:

Example 1: The agency is unable to verify legal non-citizen status for an applicant for medical assistance. Since the individual is otherwise a qualifying non-citizen and eligible, assistance is approved on 08/07/2014 with notification that verification must be provided by 11/07/2014. Verification is provided within the reasonable opportunity period on 09/30/2014. Eligibility continues without interruption. If the individual failed to provide verification (and the agency was unable to independently verify) by 11/07/2014, coverage would end effective 11/30/2014 (assuming action was taken by timely notice deadline).


Example 2: The agency is unable to verify legal non-citizen status for an applicant for medical assistance. Since the individual is otherwise a qualifying non-citizen and eligible, assistance is approved on 09/29/2014 with notification that verification must be provided by 12/29/2014. The recipient fails to provide verification within the reasonable opportunity period. Coverage ends effective 01/31/2015.

If the individual provides verification by 02/28/2015 (the month after the month coverage ends), eligibility may be reinstated without a new application/request for assistance. If verification is provided after 02/28/2015, a new application/request is required.

Note: The reasonable opportunity period may be extended in situations where the individual is making a bona fide effort to obtain the verification but circumstances outside his/her control are delaying the effort. A decision to extend the period must be thoroughly documented and supported in the case file.

 

2146.7 Verification of Iraqi and Afghani Special Immigrant Status (Food Assistance, TANF and Child Care Only) – Iraqi and Afghani aliens and family members who claim special immigrant status must provide verification that they have been admitted under section 101(a)(27) of the INA. The following documents will confirm both status and date of entry for Iraqi and Afghani special immigrants.


  1. Iraqi Special Immigrants

    1. Principal Applicant Iraqi Special Immigrant - Iraqi passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI1 or SQ1 and DHS stamp or notation on passport of I-94 showing date of entry.

    2. Spouse of Principal Applicant Iraqi Special Immigrant: Iraqi passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI2 or SQ2 and DHS stamp or notation on passport or 1-94 showing date of entry.

    3. Unmarried Child Under 21 Years of Age of Iraqi Special Immigrant: Iraqi passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI3 or SQ3 and DHS stamp or notation on passport of I-94 showing date of entry.

    4. Principal Applicant Iraqi Special Immigrant Adjusting Status in the U.S.: DHS Form I-551 (“green card”) showing Iraqi nationality (or Iraqi passport), with an IV (immigrant visa) code for this category SI6 or SQ6.

    5. Spouse of Principal Applicant Iraqi Special Immigrant Adjusting Status in the U.S.: DHS Form I-551 (“green card”) showing Iraqi nationality (or Iraqi passport), with an IV (immigrant visa) code for this category SI7 or SQ7.

    6. Unmarried Child Under 21 of Principal Applicant Iraqi Special Immigrant h. Adjusting Status in the U.S.: DHS Form I-551 (“green card”) showing Iraqi nationality (or Iraqi passport), with an IV (immigrant visa) code for this category SI9 or SQ9.

  2. Afghani Special Immigrants

    1. Principal Applicant Afghani Special Immigrant: Afghan passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI1 and DHS stamp or notation on passport of I-94 showing date of entry.

    2. Spouse of Principal Applicant Afghani Special Immigrant: Afghan passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI2 and DHS stamp or notation on passport of I-94 showing date of entry.

    3. Unmarried Child Under 21 Years of Age of Afghani Special Immigrant: Afghan passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI3 and DHS stamp or notation on passport of I-94 showing date of entry.

    4. Principal Applicant Afghani Special Immigrant Adjusting Status in the U.S.: DHS Form I-551 (“green card”) showing Afghani nationality (or Afghani passport), with an IV (immigrant visa) code for this category SI6.

    5. Spouse of Principal Applicant Afghani Special Immigrant Adjusting Status in the U.S.: DHS Form I-551 (“green card”) showing Afghani nationality (or Afghani passport), with an IV (immigrant visa) code for this category SI7.

    6. Unmarried Child Under 21 of Principal Applicant Afghani Special Immigrant Adjusting Status in the U.S.: DHS Form I-551 (“green card”) showing Afghani nationality (or Afghani passport), with an IV (immigrant visa) code for this category SI9.