Page 188

UPDATED: NOVEMBER 2009 625

OTHER ELIGIBILITY REQUIREMENTS CITZENSHIP AND IMMIGRATION STATUS QUALIFIED ALIENS

BATTERED QUALIFIED ALIENS

• I-797 Notice of Action indicating that the alien is the beneficiary of a pending or approved I-130 Petition for Alien Relative as the battered or abused spouse or child of a U.S. citizen or lawful permanent resident and credible evidence of battery or abuse (Request alien’s permission to refer to the DVL;); or • I-94 Arrival/Departure Record stamped “K3”, “K4”, “V1”, “V2”, or “V3” and credible evidence of battery or abuse (Request alien’s permission to refer to the DVL); or • Any other USCIS document indicating that the alien has a “K” or “V” visa and a pending or approved I-130 Petition for Alien Relative and credible evidence of battery or abuse (Request alien’s permission to refer to the DVL;); or • I-94 Arrival/Departure Record or foreign passport stamped “CR-1”, “CR-2”, “CR-6” or “CR-7" and credible evidence of battery or abuse (Request alien’s permission to refer to the DVL); or • I-688B Employment Authorization Card coded “274a.12(a)(9),” “274a.12(a)(15)” or “274a.12(c)(10)” and credible evidence of battery or abuse (Request alien’s permission to refer to the DVL); or • I-766 Employment Authorization Document coded “A9”, “A15” or “C10” and credible evidence of battery or abuse (Request alien’s permission to refer to the DVL).

Districts must determine if the USCIS or the EOIR has approved an applicant’s I-360 self- petition or has found that an applicant’s pending petition set-forth a prima facie case by reviewing the applicant’s documents. • The worker must carefully examine the documents provided by the immigrant applicant. • If based on the documentation provided to show citizenship, immigration or qualified alien status the worker can conclude that the applicant is not a "qualified alien" (i.e. the applicant presents documents such as a tourist visa or other documents that do not make them eligible for Medical Assistance), the worker does not need to verify the applicant's status. • If the documentation provided does not appear on its face to be genuine or does not appear to relate to the person presenting it, this should not serve as a basis to conclusively deny benefits without first checking with the USCIS. (Through SAVE or by filing a G-845 “Verification Request” [non-SAVE agencies] with USCIS. Refer to 04 ADM-7). (MRG)