1805.020.15 Documentation and Verification of Alien or Immigrant Status – DSS Manuals

IM-32 April 23, 2018 ; IM-47 July 18, 2016 ; IM-97 November 9, 2015

All non-citizen applicants for MO HealthNet who declare they are qualified immigrants must provide Department of Homeland Security (DHS) documents to establish immigration status.

If the applicant provides the requested documentation, verify the documentation with the DHS using the SAVE System.

NOTE : MEDES verifies a participant’s citizenship and immigration status by:

Sending a request to the Hub (Federal Data Services Hub) to verify citizenship or immigration status.

If additional verification is needed, the Hub will automatically submit additional data to SAVE requesting DHS verify the status of the case. No action is taken by the ES to verify status.

If citizenship cannot be established, the ES will need to take appropriate action to gather citizenship and immigration documentation for the participant by following the steps outlined in the Verify Lawful Presence guide.

EXCEPTION: The DHS SAVE system does not contain information about victims of severe forms of trafficking. Until further notice, do not contact SAVE concerning these individuals. See 1510.020.00 for more information on victims of trafficking.

If the applicant presents an expired DHS document or is unable to present any documentation of his or her immigration status, refer the person to the local DHS District Office to obtain evidence of status unless he or she can provide an immigrant registration number.

If the applicant provides documentation with an immigrant registration number, use the VLP Scan and Upload process to send documentation to the DHS to verify immigration status. DHS will determine the authenticity of the document and determine whether immigration status is met. If the applicant presents verification he or she has applied to DHS for a replacement document, contact the DHS to verify status by using the SAVE System.

When verification of qualified immigrant status is not available through paper documentation when Step 3 is triggered, and the individual meets all other eligibility requirements, approve the MO HealthNet application based on the applicant’s statement. A period of 90 days from the date of approval is allowed as a reasonable opportunity to provide documentary evidence for individuals stating they are lawfully present in the United States and:

Have been lawfully present for at least five years, or

Meet an exception to the five-year period of ineligibility.

See 1805.020.10.10.05 Qualified Immigrants With No Waiting Period and 1805.020.10.10.10 Qualified Immigrants With a Five-Year Period of Ineligibility for policy on the five-year ineligibility period and exceptions to the five year period of ineligibility.

If requested verification is not provided within 90 days, close the applicant’s benefits by manually sending a Notice of Adverse Action (IM-80) using the code CTV- failed to provide citizenship/alien documentation. At the end of the IM-80 period, manually send a Case Action Notice (IM-33C) using the CTV code and send an email to the COLE.MHNPOLICY@dss.mo.gov for a Program Development Specialist (PDS) to enter an override to end the individuals MO HealthNet benefit.

Each office must manually track the 90-day reasonable opportunity period using the same method offices use today for tracking citizenship reasonable opportunity periods.

Acceptable documentation of qualified immigrant status:

Immigration Status Verification Document (Department of Homeland Security (DHS) U.S. Citizenship and Immigration Services (USCIS) forms unless otherwise noted. Access the Systematic Alien Verification for Entitlements (SAVE) database to verify USCIS documents.) Lawful Permanent Resident (LPR) USCIS Form I-551 (Permanent Resident Card or Alien Registration Receipt Card (Form I-551 also known as a green card) Temporary I-551 stamp in a foreign passport or on Form I-94 for recent arrivals or immigrants who have applied for a replacement I-551 Refugees U.S Customs and Border Protection (CBP) electronic I-94 that can be obtained by the participant at www.cbp.gov/I94 ; and U.S Department of State’s Transportation Boarding Letter with CBP date stamp noting the person has been admitted as a refugee under section 207 NOTE : Newly arriving refugees (as of 8/7/15) are required to provide the Department of Homeland Security electronic I-94 form and the Transportation Boarding letter with a date stamp showing entry as a refugee. A paper USCIS Form I-94 for refugees arriving to the U.S. prior to the use of the electronic format, indicating the person has been admitted as a refugee under section 207 USCIS Form I-766 (Employment Authorization Document) annotated “Valid for Re-entry to the U.S. or Serves as I-512 Advance Parole” USCIS Form I-571 (Refugee Travel Document) NOTE: Refugees usually adjust to Lawful Permanent Resident LPR status after 12 months in the U.S., but are still considered refugees for eligibility purposes. Review the coding on the I-551 for codes RE-6, RE-7, RE-8, or RE-9. Asylee USCIS Form I-94 annotated with stamp showing grant of asylum under 208 of the INA Grant letter from the Asylum Office of the INS Form I-766 annotated “Valid for Re-entry to the U.S. or Serves as I-512 Advance Parole”, with an eligible status code of A05 Afghan Special Immigrants Refer to Documentation for Special Immigrants chart Iraqi Special Immigrants Refer to Documentation for Special Immigrants chart Immigrant with Deportation or Removal Withheld Order of an Immigration Judge showing deportation withheld under 243(h) or 241(b)(3) of the INA and date of the grant Form I-766 annotated “Valid for Re-entry to the U.S. or Serves as I-512 Advance Parole” Immigrant Granted Parole for at Least One Year Form I-94 annotated with stamp showing grant of parole under 212(d)(5) of the INA and a date showing granting of parole for at least one year Immigrant Granted Conditional Entry Form I-94 with stamp showing admission under 203(a)(7) of the INA, refugee-conditional entry Form I-766 annotated “Valid for Re-entry to the U.S. or Serves as I-512 Advance Parole” Cubans and Haitians Form I-94 annotated parole into the U.S. on or after April 21, 1980 or parole at any time as a “Cuban/Haitian Entrant (status pending)” NOTE : The stamp may also include variations of the following (usually handwritten) notations, and may also be stamped in an individual’s passport: Public interest or Lottery To file I-589 Pending final asylum hearing Exclusion proceeding Pending removal hearing CM or CMPP – Cuban parolee processed under medical professional program CP – Cuban Parolee processed under special migration program USCIS Form I-551 with the code CU6, CH6, HA6, or HB6 Cuban or Haitian passport with a 212(d)(5) stamp dated after October 10, 1980 DHS Form I-221; DHS Form I-862; DHS Form I-220A; DHS I-122; DHS Form I-221S; Copy of DHS Form I-589 date stamped by the Executive Office for Immigration Review (EOIR); Copy of DHS Form I-485 date stamped by EOIR; or EOIR-26;Other applications for relief that have been date stamped by EOIR; or Other documentation pertaining to an applicant’s removal, exclusion or deportation proceedings USCIS Form I-766 with an eligible status code C08, C10 or C11 DHS receipt for filing Form I-589 (Application for Asylum and Withhold of Removal) U.S. Visa (with the subheading “Not a Visa” and annotation of “Special Parole for noncurrent Haitian IV Beneficiaries” and USCIS Form I-94 stamped “Parole” with the written code of HF/HPI NOTE: Persons admitted on B2 visas are not qualified immigrants, or lawfully residing in the U.S. under section 214 of CHIPRA and are not eligible for benefits as a Cuban/Haitian Entrant. Battered Immigrant Contact Income Maintenance (IM) Program and Policy for further instructions. EXCEPTION: The battered immigrant will not be a qualified immigrant during any period in which the individual responsible for such battery or cruelty resides in the same household as the individual subjected to such battery or cruelty. American Indian born in Canada (Cross-border Native American) Birth or baptismal certificate issued on a reservation Tribal records Letter from the Canadian Department of Indian Affairs; or School records NOTE: This does not include a spouse or child of such Indian, or a non-citizen whose membership in an Indian tribe or family is created by adoption unless such person is of at least fifty percent (50%) or more Indian by descent. Amerasian Immigrant USCIS Form I-551 coded AM6, AM7, or AM8 Unexpired temporary I-551 stamp in foreign passport or on Form I-94 with the code AM1, AM2, or AM3 Trafficking Victim Department of Health and Human Services (HHS) Office of Refugee Resettlement (ORR) original certification letter or eligibility letter for children. Verify the letter by calling Trafficking Verification 202-401-5510 and notify ORR of the benefits for which the individual has applied. Trafficking victims are not required to provide any additional documentation of their identity or immigration status. U.S. Military Veteran Original or notarized copy of Department of Defense DD Form 214 Separation Document showing at least 2 years of active-duty service and honorable discharge. A character of discharge “Under Honorable Conditions” is not an “Honorable” discharge for these purposes. NOTE: If the applicant cannot provide the DD-214, send a signed authorization requesting a copy of the DD-214 to the Military Personnel Record Center, 9700 Page, St. Louis, MO 63132. U.S. Military Active Duty Personnel (Army, Air Force, Marine Corp, or Coast Guard) Current military ID card (DD Form 2 (Active)) that lists an expiration date of more than one year from the date of issue. If the card will expire within one year, use a copy of his/her military order to document active-duty status. A member of a reserve component shall establish active-duty status by showing a current DD Form 2 (Reserve){red} and military active-duty orders showing such persons is on active duty, but NOT on active duty for training. No other method of verifying this status is currently available. NOTE: If the individual is unable to furnish either of the above, active duty may be verified through the nearest RAPD (Real Time Automated Personnel Identification System) located at many military installations or by requesting verification in writing (which can be transmitted by facsimile) from the DEERS Support Office: DEERS Support Office ATTN: Research and Analysis 400 Gigling Road Seaside, California 93944-6771 FAX Number: 408-655-8317 Spouse, Unmarried Surviving Spouse ,or Child of a Veteran or Active Duty Armed Forces Military Unexpired Uniformed Services Identification and Privilege Card DD1173 showing: the individual is married to a veteran or active-duty member, the individual is a non-married surviving spouse a child is dependent on the veteran or active-duty member of the Armed Forces for his/her support and is under the age of eighteen (18) or if a full-time student, under age twenty-two (22). NOTE: If the Military ID Card is unavailable or further documentation is needed, refer the individual to the Veterans Administration (VA) regional office.