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Chapter: 1400 Technical Requirements Program: MFAM 10 There cannot be any delay in the authorization of an application or request for additional assistance while awaiting verification to establish battery or extreme cruelty. If it is later discovered that the noncitizen does not meet these criteria, a Benefit Recovery referral must be made.

Note: These individuals are subject to the five-year ban if entry is after 8/22/96 except lawfully residing children up to age 19.

Note: The eligibility determination does not need to include if the battered noncitizen meets the three criteria listed above for noncitizens who meet one of the other qualified noncitizen statuses unless it is to the noncitizen's advantage such as sponsored noncitizens. 1430.0114 Verification Requirements for Noncitizens (MFAM) The eligibility determination must include verification of the immigration status of all non citizens applying for or receiving Medicaid through the U.S. Citizenship and Immigration Services (USCIS) if the information was not verified through the HUB. The Verification Information System- Customer Processing System (VIS-CPS) is used to verify the immigration status.

If a noncitizen does not want the agency to contact USCIS to verify immigration status, the household has the option of withdrawing the application or excluding that individual from the assistance group. If the individual is excluded as technically ineligible, we will not attempt to obtain any documentation of status for that individual. If a noncitizen is unable to provide any documentation to verify immigration status the eligibility specialist is not responsible for contacting USCIS on the noncitizen's behalf unless the individual requests assistance in obtaining documentation or verification of immigration status.

An expired noncitizen registration card does not necessarily mean that the noncitizen lost their immigration status. If VIS-CPS does not indicate the noncitizen has an acceptable status, the noncitizen should be referred to USCIS to obtain current USCIS documentation. If obtaining USCIS documentation would place an undue hardship on the noncitizen, or the noncitizen is hospitalized or suffers from a medical disability, the eligibility specialist must have the noncitizen declare their noncitizen status and continue to process the application. The USCIS documentation provided will be manually verified with USCIS.

Examples of undue hardship include, but are not limited to, living a distance from the USCIS office, lack of transportation, or a several months waiting period for an appointment with USCIS.

If a noncitizen does not have any documentation of immigration status, but can provide the "noncitizen registration number", the eligibility specialist will verify the number using the VIS-CPS system. If the number is verified, and VIS-CPS indicates the individual has an immigration status, this is acceptable documentation of the noncitizen's immigration status for all programs. However, the individual's identity must be verified to ensure the noncitizen registration number belongs to the individual.

Note: If a noncitizen provides any form of USCIS documentation, regardless of the expiration date, showing an eligible Immigration Act section, the eligibility specialist must accept the documentation and verify the individual's status through the VIS-CPS system. When the VIS- CPS system requests secondary verification, benefits may not be withheld pending response from the secondary verification, providing all other technical eligibility factors are met.

If the secondary verification shows that the noncitizen no longer has an eligible immigration status, a Benefit Recovery referral will be initiated for the total amount of assistance received during the interim investigation period.