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 USCIS form does not clearly indicate eligible or ineligible status, the agency is responsible for offering to contact USCIS . The agency does not need to offer to contact USCIS on the non-citizen's behalf when the person does not provide an USCIS document.
2146.2 Non-citizens Unable to Provide Documentation - If the non-citizen is unable to provide any documentation of their status, the agency shall advise the person to contact the nearest USCIS 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 USCIS 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 USCIS , 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 Non-citizen Status through SAVE - The immigration status of all non-citizen 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 non-citizen. 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 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.