A-300, Citizenship
A-310, General Policy
Revision 13-2; Effective April 1, 2013
All Programs
U.S. citizens and certain legally-admitted alien residents are
eligible for benefits if they meet all other eligibility criteria.
A person born in the 50 states, District of Columbia, Puerto Rico,
Guam, the U.S. Virgin Islands, America Samoa, Swain's Island or Northern
Marianna Islands is considered a U.S. citizen.
A person born abroad to at least one U.S. citizen parent may claim derivative citizenship. See How to Verify Citizenship, A-351.4.
Exception: Undocumented aliens applying for Emergency Medicaid do not have to meet citizenship status eligibility requirements.
A-311 Alien Status Policies
Revision 22-2; Effective April 1, 2022
All Programs
Before certifying any alien resident, ensure that the U.S. Citizenship and Immigration Services (USCIS):
- legally admitted the person to live in the United States; and
- they meet the definition of a "qualified immigrant".
Review the person's USCIS document(s) and the Qualified Alien Status Eligibility charts to determine the programs where the person is potentially eligible. Disqualify a person who does not have acceptable alien status. Check USCIS documents for expiration dates. An expired document is not acceptable.
Exception:
Do not disqualify the person:
- if the person provides an expired USCIS document; and
- the Systematic Alien Verification for Entitlements (SAVE) response indicates the person is a Lawful Permanent Resident – Employment Authorized; and
- the ‘Date Admitted To’ response shows ‘Indefinite’, the person meets alien status criteria.
Notes:
- Use the TANF and Medical Programs Alien Status Eligibility Charts to determine Emergency Medicaid eligibility for aliens without acceptable status.
- Before disqualifying a person with an expired document, check the expiration date of the document in SAVE. USCIS automatically extends certain I-766, Employment Authorization Documents, for up to 180 days when USCIS receives a renewal application for the document. When this occurs, SAVE displays the new expiration date. Do not disqualify the person if SAVE shows the I-766 is current.
Related Policy
Definition of Qualified Immigrant, A-311.1
Qualified Alien Status Eligibility Charts, A-340
Verification of Alien Status, A-352
Verifying Alien's USCIS Documents, A-355
A-311.1 Definition of Qualified Immigrant
Revision 22-2; Effective April 1, 2022
All Programs
The USCIS defines a qualified immigrant as an alien in one of the following categories:
- Asylee;
- Battered Alien;
- Conditional Entrant;
- Cuban or Haitian Entrant;
- Deportation (or Removal) Withheld;
- Iraqi and Afghan Special Immigrants (SIV);
- Lawful Permanent Resident (LPR);
- Parolee;
- Refugee;
- Special Immigrant Conditional Permanent Resident (SI CPR); or
- Trafficking Victims.
Note: The Qualified Alien Status Eligibility Charts list all the above categories.
Related Policy
Qualified Alien Status Eligibility Charts, A-340
How to Determine Eligibility for Battered Aliens, A-343
A-312 Contact with the U.S. Citizenship and Immigration Services (USCIS)
Revision 15-4; Effective October 1, 2015
TANF and SNAP
An illegal alien is one who has received a final deportation order. Advisors must report applicants who are illegal aliens to USCIS in writing. The supervisor must sign a written notification and send it to the nearest USCIS office, which can be found at https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=LO.
Except for using the SAVE Verification Information System (VIS), advisors may contact USCIS on behalf of an alien only at the individual’s written request. If the alien does not wish to contact USCIS or give the advisor permission, the advisor must advise the household that the household may be certified without the alien (that is, disqualify the alien).
A-313 Absence of Proof of Alien Status
Revision 15-4; Effective October 1, 2015
SNAP and TANF
Advisors must disqualify a household member from the certified group if the member does not have or refuses to provide proof of alien status. The remaining members of the group are certified if they meet all eligibility requirements.
Related Policy
TANF — Budgeting for a Legal Parent Disqualified for Alien Status, Failure to Prove Citizenship, Noncompliance with the Unmarried Minor Parent Domicile Requirement or State Time Limits, A-1362.1
SNAP — Budgeting for Members Disqualified for Citizenship, 18-50 Work Requirement or Noncompliance with Social Security Number Requirements, A-1362.3
TANF
If the applicant cannot provide proof of eligible alien status for a child, the child is considered ineligible rather than disqualified.
Medical Programs
If the applicant cannot provide proof of eligible alien status after the period of reasonable opportunity explained in A-351.1, Reasonable Opportunity, the applicant is ineligible for benefits.
Household members are included in the budget group even if the member does not have proof of alien status. See A-241.1, Who Is Included.
A-314 Re-verification of Alien Status Due to a USCIS Document's Expiration Date
Revision 18-1; Effective January 1, 2018
All Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
Advisors must re-verify the alien's USCIS card if the:
- USCIS document has expired; and
- alien wants to continue receiving or reapplies for benefits.
Advisors must allow an alien 10 days to update the card with the USCIS. If the individual cannot provide an updated document or proof within 10 days, the alien is disqualified until the individual provides a valid USCIS card or proof of application for a new card.
Exception: If the individual’s USCIS document is expired and the SAVE response shows the individual is a Lawful Permanent Resident - Employment Authorized and the Date Admitted To response is Indefinite, the individual meets alien status criteria. These individuals must not be disqualified.
TANF and Medical Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
When a certified alien's USCIS document expires before the periodic review date, the advisor must schedule a special review the month the document expires.
SNAP
Advisors must set the certification period to end the same month the USCIS document expires or schedule a special review for the month the document expires.
For streamlined reporting (SR) households, the advisor must not set a special review for the month the document expires. A document that expires during the SR certification period does not cause an individual to lose eligibility. The advisor may assume that the household will renew the document upon expiration and re-evaluate at the next certification.
Related Policy
Alien Status Policy, A-311
A-315 Definition of Public Charge
Revision 15-4; Effective October 1, 2015
All Programs
A public charge is defined by law as an alien who has applied for and received public cash assistance for income maintenance, such as Temporary Assistance for Needy Families (TANF) cash assistance, Supplemental Security Income (SSI) or institutionalization for long-term care at government expense, such as nursing home care.
A-315.1 Providing Information to Immigrants Regarding Public Charge
Revision 15-4; Effective October 1, 2015
TANF
If an immigrant inquires, staff must inform the individual that receipt of TANF cash benefits places the immigrant at risk of being considered a public charge and the individual may lose his or her immigrant status.
Exception: According to USCIS, the following individuals are exempt from public charge:
- refugees,
- asylees,
- asylum applicants,
- refugees and asylees applying for adjustment of permanent resident status,
- Cuban/Haitian entrants and parolees,
- Special Immigrant Visa holders from Iraq and Afghanistan,
- Amerasian immigrants (for their initial admission),
- individuals granted relief under the Cuban Adjustment Act (CAA),
- individuals granted relief under the Nicaraguan and Central American Relief Act (NACARA),
- individuals granted relief under the Haitian Refugee Immigration Fairness Act (HRIFA),
- individuals applying for a T Visa,
- individuals applying for a U Visa,
- individuals who possess a T Visa and are trying to become a permanent resident,
- individuals who possess a U Visa and are trying to become a permanent resident,
- individuals who have been certified by the Office of Refugee
Resettlement as a victim of trafficking (prior to being issued a T Visa
by USCIS), - applications for Temporary Protected Status (TPS), and
- certain applicants under the LIFE Act Provisions.
SNAP and Medical Programs
If an immigrant inquires, the advisor must assure the individual that receipt of Supplemental Nutrition Assistance Program (SNAP) and/or medical program benefits does not place the immigrant at risk of becoming a public charge.
A-315.2 Receiving Other Benefits
Revision 15-4; Effective October 1, 2015
All Programs
There are other public assistance programs that immigrants may apply for that do not result in public charge considerations. These programs
include: Special Supplemental Nutrition Program for Women, Infants and Children (WIC), immunizations, prenatal care, testing and treatment of communicable diseases, emergency medical assistance, emergency disaster relief, housing assistance, and child care.
A-316 Sponsored Alien
Revision 15-4; Effective October 1, 2015
All Programs
A sponsored alien is an individual who has been sponsored by a person who signed an affidavit of support (USCIS Form I-864 or I-864-A)on or after December 19, 1997, agreeing to support the alien as a condition of the alien's entry into the U.S.
A sponsor is someone who brings family-based or certain employment-based immigrants to the U.S. and demonstrates that he or she can provide enough financial support to the immigrant so that the individual does not rely on public benefits.
If necessary, advisors use the SAVE system to verify whether an alien has a sponsor. The SAVE system, through additional verification, can provide the sponsor's name and address.
A-316.1 Providing Verification of the Alien's Sponsor Income and Resources
Revision 16-2; Effective April 1, 2016
TANF, SNAP, TP 08, TP 43, TP 44, TP 48, TP 40, TP 07, TP 20, TP 56, TP 70, TA 84 and TA 85
For cases involving aliens and their sponsors, the alien is responsible for getting all verification from the sponsor and sponsor's spouse.
Request the following information from the alien if not otherwise available through Systematic Alien Verification for Entitlement (SAVE) or Texas Integrated Eligibility Redesign System (TIERS) inquiry or case documentation:
- Alien sponsor name,
- Alien sponsor date of birth,
- Alien sponsor Social Security number,
- Alien sponsor earned income,
- Alien sponsor unearned income,
- Alien sponsor self-employment income,
- Alien sponsor resources (if applicable, as explained in A-1245, Resources of an Alien’s Sponsor), and
- Alien sponsor citizenship status or alien number if the sponsor is a lawful permanent resident.
The income and resources (if applicable) of an alien's sponsor (and the sponsor's spouse if the spouse also signed an affidavit of support, USCIS Form I-864) must be counted (deemed) as belonging to the sponsored alien, regardless of actual availability when determining the sponsored alien's eligibility and benefit amounts.
Deeming of the sponsor’s income and resources (if applicable) to the sponsored alien lasts until the:
- sponsored alien becomes a naturalized citizen,
- sponsored alien can be credited with 40 qualifying quarters of work, or
- sponsor dies.
Sponsored aliens not subject to sponsor deeming are:
- children under age 18;
- sponsored aliens who are ineligible for benefits (examples include
those who are disqualified from getting benefits or those considered
non-members, such as students who do not meet SNAP student eligibility
criteria); - battered spouses or children;
- refugees, parolees, asylees, people granted withholding of
deportation, Amerasians, trafficking victims, and Iraqi and Afghan
special immigrants; - aliens whose sponsor has not signed an affidavit of support;
- aliens whose sponsor is in the same household/Modified Adjusted Gross Income (MAGI) household composition; and
- indigent aliens.
TANF, TP 08, TP 43, TP 44, TP 48, TP 40, TP 07, TP 20, TP 56, TP 70, TA 84 and TA 85
If the sponsored alien fails to provide sponsor verification by the required date in B-115, Pending Verification on Applications, the alien's application is denied.
Note: Resources of an alien sponsor must only be verified if resources are counted for that program, as explained in A-1245.
SNAP
If the sponsored alien fails to provide sponsor verification by the required date in B-115, the sponsored alien is disqualified until the alien provides the proof. If eligible, remaining household members may participate while the alien is disqualified. If the disqualified alien later provides the proof, the advisor processes it as a reported change. The Eligibility Determination Group (EDG) is denied if the household fails to provide proof of the disqualified alien's own income.
Related Policy
Resources of an Alien's Sponsor, A-1245
Alien Sponsor's Income, A-1361
A-320, Definitions of Military Connection
Revision 12-4; Effective October 1, 2012
A-321 Veteran
Revision 15-4; Effective October 1, 2015
All Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
A veteran is eligible for benefits because of a military connection if the veteran is:
- "honorably discharged" from the armed service, and
- meets the minimum active duty requirement of:
- 24 months of continuous active duty, or
- the full period the person was called or ordered to active duty.
Individuals who served in the Philippine Commonwealth Army during World War II, or as Philippine scouts following the war, are veterans for purposes of eligibility.
Related Policy
Verification of Veteran Status, A-353.1
A-322 Active Duty Military Member
Revision 15-4; Effective October 1, 2015
All Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
An active duty military member is eligible for benefits because of a military connection if currently on full-time duty in the U.S. Army, Navy, Air Force, Marine Corps or Coast Guard. It does not include full-time National Guard duty.
Active duty training as a member of the Reserves, Army National Guard, or Air National Guard does not establish eligibility for the individual. The advisor must determine that training is not the reason the reserve member is on active duty.
Related Policy
Verification of Active Duty Military, A-353.2
A-323 Spouse or Minor Unmarried Dependent Child of Veteran or Active Duty Military Member
Revision 15-4; Effective October 1, 2015
All Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
A spouse is eligible for benefits because of a military connection if the individual is currently married to a veteran or active duty military member. A minor unmarried dependent child under age 18 is eligible.
Related Policy
Verification of a Spouse or Minor Unmarried Dependent Child of a Veteran or Active Duty Military Member or Unmarried Surviving Spouse of a Deceased Veteran or Active Duty Military Member, A-353.3
A-324 Unmarried Surviving Spouse of a Deceased Veteran or Active Duty Military Member
Revision 15-4; Effective October 1, 2015
All Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
To meet the alien eligibility status as a surviving spouse of a deceased veteran or an active-duty military member, the spouse must not have remarried, and the marriage to the veteran or active duty military member must fulfill one of the following requirements:
- lasted at least one year;
- occurred within 15 years after the period of service in which the
injury or disease that resulted in the death of the veteran or active
duty member ended; or - a child was born between the surviving spouse and the veteran or active duty member, either during or before the marriage.
Related Policy
Verification of a Spouse or Minor Unmarried Dependent Child of a Veteran or Active Duty Military Member or Unmarried Surviving Spouse of a Deceased Veteran or Active Duty Military Member, A-353.3
SNAP
If a currently certified surviving spouse remarries, the spouse retains eligible alien status through the end of the current certification period.
A-330, Lawful Permanent Resident and 40 Qualifying Quarters of Social Security Coverage
Revision 18-1; Effective January 1, 2018
TANF and Medical Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
LPRs admitted prior to Aug. 22, 1996, meet the alien eligibility requirement by having 40 qualifying quarters of social security coverage. LPRs admitted on or after Aug. 22, 1996, meet the alien eligibility requirement by having 40 countable qualifying quarters of social security coverage, if five years have passed since the legal date of entry. An LPR does not have to meet the 40-quarter requirement, including the five-year wait, if any of the following apply.
The alien:
- has a military connection;
- entered the U.S. with a status described in Chart C of A-342, TANF and Medical Programs Alien Status Eligibility Charts, and meets the eligibility criteria for refugees, asylees, etc., or meets the criteria in A-343, How to Determine Eligibility for Battered Aliens; and
- is a qualified immigrant or non-immigrant child age 18 and under who lawfully resides in the U.S. with a status described in Chart D of A-342, TANF and Medical Programs Alien Status Eligibility Charts.
SNAP
LPRs with 40 qualifying quarters meet the alien eligibility requirement. An LPR does not have to meet the 40-quarter requirement if the alien:
- lawfully resided in the U.S. as a qualified immigrant for five years from the date of entry;
- was admitted to the U.S. on or before Aug. 22, 1996, and was age 65 or older on Aug. 22, 1996;
- meets the definition of disability in B-432, Definition of Disability (regardless of when the alien acquired a disability or entered the U.S.);
- is currently under age 18 (regardless of when the alien entered the U.S.);
- has a military connection; or
- qualifies as a refugee, asylee, etc., as shown in Chart A of A-341, SNAP Alien Status Eligibility Charts.
Related Policy
Verifying 40 "Qualifying Quarters," A-354
A-331 Whose Quarters Can Be Considered
Revision 15-4; Effective October 1, 2015
All Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
For purposes of establishing eligibility through the use of the 40 "qualifying quarters" requirement, LPRs are credited with quarters of earnings for the:
- LPR,
- LPR's current spouse or deceased spouse regardless if the spouse is an LPR or a U.S. citizen, and
- LPR's parent before the LPR turned age 18. This includes adoptive parents or stepparents.
Note: All of the quarters earned by the LPR's parents through the quarter the LPR turns age 18 are counted.
When determining whether to credit the quarters to an individual's spouse, the advisor must count quarters earned:
- beginning with the quarter from the date of marriage, and
- by a deceased spouse only if the marriage was not terminated before the spouse died.
Quarters earned by divorced spouses for either ex-spouses do not count. LPRs who divorce after certification retain their eligible alien status through the end of the current certification period. This also applies to stepchildren.
Until the quarter a child turns age 18, to meet the 40-quarter requirement, a child may use quarters earned by:
- natural or adoptive parents;
- stepparents from the date of marriage to the legal parent; and
- deceased parents.
Related Policy
Verifying 40 "Qualifying Quarters," A-354
A-340, Qualified Alien Status Eligibility Charts
Revision 18-1; Effective January 1, 2018
An alien's eligibility is based on the USCIS status and other criteria as shown in A-341, SNAP Alien Status Eligibility Charts, and A-342, TANF and Medical Programs Alien Status Eligibility Charts.
A-341 SNAP Alien Status Eligibility Charts
Revision 22-2; Effective April 1, 2022
| If the qualified alien was admitted as a/an … | and the USCIS document provided is a/an … | then the alien is … |
|---|---|---|
| Refugee |
|
eligible from date of entry. |
| Asylee |
|
eligible from date of entry. |
| Deportation Withheld |
|
eligible from date of entry. |
| Cuban/Haitian Entrant |
|
eligible from date of entry. |
| Haitian Orphan |
|
eligible from date of entry. |
| Amerasian |
|
eligible from date of entry. |
| Victim of Severe Trafficking |
|
eligible up to four years from date of entry or until the law enforcement extension expires. |
| Afghan or Iraqi Special Immigrant | Passport with a stamp noting that the person has been admitted under a special immigrant visa (IV) category with one of the following codes: SI-1 or SQ-1 for the principal applicant; SI-2 or SQ-2 for the spouse of principal applicant; SI-3 or SQ-3 for the unmarried child under 21 of principal applicant; and a Department of Homeland Security(DHS) stamp or notation on passport or I-94, showing date of entry. This includes a DHS/CBP or DHS/USCIS temporary Form I-551 Alien Documentation Identification and Telecommunication (ADIT) stamp. Or *I-551 annotated with an IV code for category SQ-1, SQ-2 or SQ-3. For special immigrants who are Special Immigrant Parolees: I-94 noting Special Immigrant Status (SI/SQ) Parole Section 602 (B)(1) AAPA/Sec 1059(a) NDAA 2006 or SQ4/SQ5 SI Parolee notation signed and dated by USCIS officer:
For special immigrants who are adjusting their status to LPR status in the U.S.: *I-551, Permanent Resident Card, annotated with one of the following status codes:
For special immigrants who are conditional permanent residents (CPRs) adjusting their status to LPR status in the U.S.: Passport with a DHS/CBP stamp noting admission under IV Category with one of the following codes:
a DHS stamp or notation on passport or I-94, showing date of entry. This includes DHS/CBP or DHS/USCIS temporary Form I-551 Alien Documentation Identification and Telecommunication (ADIT) stamp. Or *I-551 with an IV code for category CQ1, CQ2, or CQ3. |
eligible from date of entry. |
*An I-551, Permanent Resident Card, does not always include the holder's signature.
Note: The category of aliens listed in Chart A are eligible for SNAP benefits from the date they adjust to any of the specific statuses listed in the chart. For example, once an alien is granted asylee status, they are potentially eligible for SNAP benefits.
Use the following chart to determine the eligibility of these qualified aliens. Their eligibility is indefinite regardless of their date of entry into the U.S.
| If the alien was admitted as a … | and the USCIS document provided is an … | then the alien is eligible if the alien … |
|---|---|---|
| Parolee |
|
|
| Conditional Entrant |
|
|
Use the chart below to determine eligibility for Legal Permanent Residents.
| If the qualified alien was admitted as a … | and the USCIS document provide is an … | then the alien is eligible if the alien … |
|---|---|---|
| Legal Permanent Resident |
|
Note: To qualify for SNAP as a surviving spouse of a deceased veteran or an active duty military member, the surviving spouse must not have remarried. |
*An I-551, Permanent Resident Card, does not always include the holder's signature.
| If the alien was admitted as a … | and the USCIS document provided is an … | then the alien is … |
|---|---|---|
| Native American born in Canada who is entitled by treaty to reside in the U.S. |
|
eligible. |
| Hmong or Highland Lao tribe member when the tribe assisted the U.S. Armed Forces during the Vietnam War, or their spouses, unmarried dependent children, and the unmarried widow(er)s of those who are deceased |
|
eligible if the immigrant:
|
*An I-551, Permanent Resident Card, does not always include the holder's signature.
Related Policy
Verifying 40 "Qualifying Quarters," A-354
Verifying Alien's USCIS Documents, A-355
Definition of Disability, B-432
A-342 TANF and Medical Programs Alien Status Eligibility Charts
Revision 22-2; Effective April 1, 2022
Use the following chart to determine eligibility for qualified aliens who were admitted into the U.S. before Aug. 22, 1996.
| If the qualified alien was admitted as a/an … | and the USCIS document is a/an … | then the alien is … |
|---|---|---|
| Refugee |
|
|
| Asylee |
|
|
| Deportation Withheld |
|
|
| Cuban/Haitian Entrant |
|
|
| Haitian Orphan |
|
|
| Amerasian |
|
|
| Parolee |
|
|
| Conditional Entrant |
|
|
| Legal Permanent Resident |
|
|
| Native American born in Canada who is entitled by treaty to reside in the U.S. |
|
|
Compact of Free Association (COFA) citizens residing in the U.S.
|
I-94 or I-766 annotated with the following Class of Admission (COA) Codes:
I-766 Employment Authorization Document (EAD) annotated with the following Category Code:
An unexpired passport annotated with one of the following:
|
|
*An I-551, Permanent Resident Card, does not always include the holder's signature.
Use the following chart to determine eligibility for TANF and Medicaid for qualified aliens admitted into the U.S. on or after Aug. 22, 1996.
| If the qualified alien was admitted as a/an … | and the USCIS document provided is a/an … | then the alien is … |
|---|---|---|
| Refugee |
|
Notes:
|
| Asylee |
|
Notes:
|
| Deportation Withheld |
|
Notes:
|
| Cuban/Haitian Entrant |
|
Notes:
|
| Haitian Orphan |
|
Notes:
|
| Amerasian | *I-551, Permanent Resident Card, annotated with one of the following status codes: AM-1, AM-2, AM-3, AM-6, AM-7 or AM-8 |
Notes:
|
| Afghan or Iraqi Special Immigrant | Passport with a stamp noting that the person has been admitted under a special immigrant visa (IV) category with one of the following codes:
OR *I-551 annotated with an IV code for category SQ-1, SQ-2 or SQ-3. For special immigrants who are Special Immigrant Parolees: I-94 noting Special Immigrant Status (SQ/SI) Parole Section 602(B)(1) AAPA/Sec 1059(a) NDAA 2006 or SQ4/SQ5 SI Parolee notation signed and dated by USCIS officer: For special immigrants who are adjusting their status to LPR status in the U.S.:
Special immigrants also may demonstrate nationality with an Afghan or Iraqi passport. For special immigrants who are conditional permanent residents (CPRs) adjusting their status to LPR status in the U.S.: Passport with a DHS/CBP stamp noting admission under IV Category with one of the following codes:
OR *I-551 annotated with an IV code for category CQ1, CQ2 or CQ3. Note: The entry date for an Afghan special immigrant must be Dec. 26, 2007, or later. The entry date for an Iraqi special immigrant must be Jan. 26, 2008, or later. |
Notes:
|
| Victim of Severe Trafficking |
|
eligible up to four years from date of entry or until the law enforcement extension expires. Note: Qualified aliens retain this eligibility even if they have adjusted to LPR status. |
| Native American born in Canada who is entitled by treaty to reside in the U.S. |
|
eligible. |
| Member of a federally recognized Indian tribe | Letter — A letter or other tribal document that verifies membership of a federally recognized Indian tribe as defined in United States Code (U.S.C.), Title 25, Chapter 14, Subchapter II, §450b(e) | eligible. |
Compact of Free Association (COFA) citizens residing in the U.S.
|
I-94 or I-766 annotated with the following Class of Admission (COA) Codes:
I-766 Employment Authorization Document (EAD) annotated with the following Category Code:
An unexpired passport annotated with one of the following:
|
|
*An I-551, Permanent Resident Card, does not always include the holder's signature.
Note: Click on the federal regulatory language hyperlink for a list of the Indian tribes recognized by the United States Bureau of Indian Affairs.
Use the following chart to determine eligibility for all LPRs and Parolees applying for TANF and adult LPRs and Parolees applying for Medicaid who were admitted into the U.S. on or after Aug. 22, 1996.
| If the qualified alien was admitted as a/an … | and the USCIS document provided is a/an … | then the alien is … |
|---|---|---|
| Legal Permanent Resident |
Notes:
"Processed for *I-551, Temporary Evidence of Lawful Admission for Permanent Residence, valid until ______, Employment Authorized." |
not eligible. Note: A qualified alien retains the refugee eligibility period even if they have adjusted to LPR status. Exceptions: An LPR meets the eligibility requirements if the person:
|
| Parolee |
|
not eligible. Exceptions: A Parolee meets the eligibility requirements if the person:
|
| Native American born in Canada who is entitled by treaty to reside in the U.S. |
|
eligible. |
| Member of a federally recognized Indian tribe | Letter — A letter or other tribal document that verifies membership of a federally recognized Indian tribe as defined in 25 U.S.C. §450b(e) | eligible. |
*An I-551, Permanent Resident Card, does not always include the holder's signature.
Notes:
- If the alien is ineligible for Medicaid because of citizenship or alien status, determine the alien's eligibility for Emergency Medicaid.
- The federal regulatory language (external link) provides a list of the Indian tribes recognized by the United States Bureau of Indian Affairs.
Medical Programs
Certain additional qualified immigrant and non-immigrant children age 18 and under who are lawfully residing in the U.S. may qualify for Medicaid regardless of their date of entry.
Use the following chart to determine eligibility for qualified immigrant and non-immigrant children.
Note: The documents, immigration statuses, or both listed in the chart are not all inclusive. All lawfully residing children with a valid immigration status are eligible. Follow policy clearance request, procedures for questions about documents or immigration statuses not listed in this chart.
Exceptions:
- Healthy Texas Women (HTW) recipients who turn 19 during their certification period will continue to receive HTW until their next redetermination. Review the HTW recipient's alien status at redetermination.
- Medicaid for Transitioning Foster Care Youth (MTFCY) recipients qualify through the month of their 21st birthday.
- Medicaid for Former Foster Care Children (FFCC) recipients qualify through the month of their 21st birthday.
- Medicaid for Breast and Cervical Cancer (MBCC) recipients who applied before their 19th birthday remain eligible for Medicaid through the duration of their cancer treatment or until they no longer meet all the other eligibility criteria, whichever is earlier.
| If the qualified immigrant and non-immigrant's USCIS document is a/an … | then the qualified immigrant and non-immigrant is eligible if the annotation is … |
|---|---|
| I-94 |
|
| I-797C, or USCIS referral notice, or hearing notice or order from an immigration judge | 241(b)(3):
|
| *I-551 Note: If the LPR loses the *I-551, the LPR may present either an I-94 or a passport with the following annotation:
|
Any status code that appears on the *I-551 is acceptable. |
| I-766 |
|
| I-797 |
|
| Visa |
|
| USCIS letter | A person who is a spouse or child of a U.S. citizen, whose visa petition has been approved, and who has a pending application for adjustment of status as described in 8 CFR INA Section 103.12(a)(4) |
| USCIS letter | Person under Deferred Enforced Departure pursuant to a decision made by the president |
| Letter | A letter or other tribal document certifying at least 50 percent American Indian blood, as required by INA Section 289, combined with a birth certificate or other satisfactory evidence of birth in Canada |
| USCIS document | Family Unity beneficiaries pursuant to Section 301 of Pub. L. 101-649, as amended |
| USCIS document | An alien who is lawfully present in the Commonwealth of the Northern Mariana Islands under 48 U.S.C. Section 1806(e) |
| USCIS document | A person who is lawfully present in American Samoa under the immigration laws of American Samoa |
*An I-551, Permanent Resident Card, does not always include the holder's signature.
TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
Aliens residing in the U.S. who do not meet the citizenship or immigration status requirements for Medical Programs may be eligible for Emergency Medicaid. These people include non-immigrants, undocumented aliens and certain legal permanent resident aliens.
Do not follow SAVE verification requirements for aliens applying for Emergency Medicaid.
Notes:
- To be eligible for Emergency Medicaid, a person must meet all other eligibility requirements.
- A person must be caring for a deprived child who meets citizenship or alien status requirements to be eligible for TA 31 as a caretaker or second parent.
Related Policy
How to Determine Eligibility, A-343
Verifying 40 "Qualifying Quarters," A-354
Verifying Alien's USCIS Documents, A-355
A-343 How to Determine Eligibility for Battered Aliens
Revision 18-1; Effective January 1, 2018
All Programs
Qualified aliens with a battered alien status do not need to be credited with 40 qualifying quarters of social security coverage, nor do they have a seven-year limited eligibility period.
SNAP
Advisors follow the steps in the chart below to determine whether an alien claiming battered status is potentially eligible for SNAP.
| Step | Yes | No |
|---|---|---|
Note: Once the alien has provided proof that |
Go to Step 2. | Stop — The alien is not eligible. |
|
Go to Step 3. | Stop — The alien is not eligible. |
|
Stop — The alien is not eligible. | Go to Step 4. |
|
The alien is eligible if the alien meets all other eligibility factors. |
Stop — The alien is not eligible. |
* Examples of acceptable USCIS documents include:
- I-551, Permanent Resident Card, annotated with one of the following status codes: IB-1 through IB-3 or IB-6 through IB-8;
- I-797, Action Notice, that identifies the alien as a self-petitioning battered alien; or
- a final order from an immigration judge or the Board of Immigration Appeals granting suspension of deportation under Section 244(a)(3) of the Immigration and Nationality Act.
TANF and Medical Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
Follow the steps in the chart below to determine if an alien claiming battered status is potentially eligible for TANF and/or Medical Programs.
| Step | Yes | No |
|---|---|---|
| 1. Can the alien provide USCIS documentation* that identifies the alien, the battered alien's child or the parent of a battered alien child as the self-petitioning spouse and/or child of an abusive U.S. citizen or LPR? |
Go to Step 2. | Stop — The alien is not eligible. |
| 2. Is the battered alien living with the spouse, ex-spouse, parent or other family member who abused or battered the alien? | Stop — The alien is not eligible. | Go to Step 3. |
|
3. Did the alien:
|
The alien is eligible if the alien meets all other eligibility factors. | Stop — The alien is not eligible. |
A-350, Verification Requirements
Revision 13-2; Effective April 1, 2013
A-351 Verification of Citizenship
Revision 15-4; Effective October 1, 2015
All Programs
Items used to verify citizenship for TANF can be used for SNAP and vice versa. Items used to verify citizenship for Medical Programs can also be used for TANF and SNAP. For Medicaid Programs, only verification sources listed in A-358.1, Citizenship, can be used to verify citizenship.
TANF
Advisors verify citizenship for all household members applying for benefits. Individuals are allowed 10 days to provide proof. Advisors must document the type of proof provided. Advisors do not reverify citizenship at complete or incomplete reviews unless questionable.
If the applicant or recipient refuses or fails without good cause to provide proof, the individual is disqualified until proof is provided.
Related Policy
TANF — Budgeting for a Legal Parent Disqualified for Alien Status, Failure to Prove Citizenship, Noncompliance with the Unmarried Minor Parent Domicile Requirement or State Time Limits, A-1362.1
SNAP — Budgeting for Members Disqualified for Citizenship, 18-50 Work Requirement or Noncompliance with Social Security Number Requirements, A-1362.3
SNAP
Advisors must verify U.S. citizenship for certified members if questionable or if a regional requirement.
If an individual fails to provide verification of citizenship for Medical Programs, the claim of U.S. citizenship is not considered questionable for SNAP based solely on this reason.
A person with a questionable claim is disqualified until proof of citizenship is received.
Related Policy
SNAP — Budgeting for Members Disqualified for Citizenship, 18-50 Work Requirement or Noncompliance with Social Security Number Requirements, A-1362.3
Medical Programs Except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
Before certifying an individual who has declared that they are a U.S. Citizen, the advisor must verify that the applicant or recipient is a U.S. citizen. Once verified, citizenship does not need to be verified again unless questionable.
Applicants requesting three months prior Medicaid coverage must provide citizenship verification before prior coverage can be provided.
Exception: Current Medicare and SSI recipients are exempt from the verification requirement. Individuals who are receiving Retirement, Survivors and Disability Insurance (RSDI) based on disability, and who are in a 24-month waiting period to receive Medicare, are considered Medicare recipients for the citizenship and identity verification requirement.
Related Policy
At Application, A-611
Reasonable Opportunity, A-351.1
Using State Online Query (SOLQ) or Wire Third-Party Query (WTPY) to Verify Citizenship, A-351.2
A-351.1 Reasonable Opportunity
Revision 20-4; Effective October 1, 2020
Medical Programs except TA 31, TP 32, TP 33, TP 34, TP 35, TP 36, TP 45 and TA 85
Medicaid applicants who declare themselves to be U.S. citizens or declare to have an eligible alien status, but for whom verification of citizenship or alien status is unavailable, must be allowed a period of reasonable opportunity to provide verification of citizenship or alien status. Reasonable opportunity is defined as the 95-day period a person is allowed to provide this verification beginning the day the Form TF0001 is generated.
At application and when adding a person during a redetermination or change, if the person does not provide proof of citizenship or alien status and:
- no other information is required to determine eligibility, certify the person for Medicaid if all other eligibility requirements are met, send Form TF0001, Notice of Case Action, and provide a period of reasonable opportunity.
- other information is required to determine eligibility, request verification of the other information in addition to citizenship or alien status prior to providing a period of reasonable opportunity. If the other information is not returned, deny the person. If the person returns the other information but does not provide proof of citizenship or alien status, certify the person for Medicaid, send Form TF0001, and provide a period of reasonable opportunity.
Form TF0001 informs the person that verification of citizenship or alien status is required within 95 days and lists the names of each person who must provide citizenship verification. The period of reasonable opportunity begins the day Form TF0001 is generated.
All new applicants must be given a period of reasonable opportunity even if they have received a previous reasonable opportunity period.
The reasonable opportunity period may be triggered under the following conditions:
- the person cannot provide a Social Security number (SSN) needed to electronically verify citizenship with the Social Security Administration (SSA);
- the data available from an electronic data source and the person’s declaration of citizenship or alien status are inconsistent; or
- electronic verification is unsuccessful, including agency efforts to resolve any inconsistencies, and additional documentation is still needed.
The day the reasonable opportunity period expires (the 95th day), TIERS generates an alert that creates a task. If verification of citizenship or alien status has not been provided, deny the person. 30 days advance notice of adverse action is provided to the household after informing them of the denial of ongoing benefits using Form TF0001, Notice of Case Action.
Related Policy
How to Take Adverse Action if Advance Notice Is Required, A-2343.1
Medicaid Suspension, B-520
Reasonable Opportunity after a Medicaid Suspension and Reinstatement, B-533
Reasonable Opportunity to Provide Citizenship and Alien Status Verification, D-441.1
A-351.2 Using State Online Query (SOLQ) or Wire Third-Party Query (WTPY) to Verify Citizenship
Revision 15-4; Effective October 1, 2015
Medical Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
If an applicant has an SSN, use SOLQ or WTPY to verify citizenship.
The system attempts to verify citizenship using SOLQ through Electronic Data Sources (ELDS). If the SOLQ system is unresponsive or unavailable due to system failure, advisors must attempt to verify using WTPY.
If the SSN is verified, WTPY provides a response code for verification of citizenship. Advisors follow the steps in the chart below to determine the required advisor action for each response code. These response codes are only provided for Medicaid or CHIP requests.
| If the WTPY response code is… | then staff must … |
|---|---|
| A SSN is verified, there is no indication of death, and the allegation of citizenship is consistent with SSA data, |
|
| B SSN is verified, there is no indication of death, and the allegation of citizenship is NOT consistent with SSA data, |
|
| C SSN is verified, there is indication of death, and the allegation of citizenship is consistent with SSA data, |
|
| D SSN is verified, there is indication of death, and the allegation of citizenship is NOT consistent with SSA data, |
|
If unable to, Advisors should attempt to verify citizenship using the Birth Verification System (BVS).
- If staff is unable to verify citizenship using BVS and additional information is required to determine eligibility, request the additional information and verification of citizenship and allow the individual at least 10 days to provide proof.
- If the client does not return the additional information by the final due date, the advisor must deny the case for failure to provide required information.
- If the client provides the additional information, but does not provide verification of citizenship, the advisor must allow the individual a period of reasonable opportunity (explained in A-351.1, Reasonable Opportunity) to provide the verification of citizenship.
- If staff is unable to verify citizenship using BVS and no other information is required to determine eligibility, the advisor must allow the individual a period of reasonable opportunity to provide the verification without pending the EDG.
After allowing reasonable opportunity, if the recipient refuses or fails to provide proof, the advisor must deny the individual until proof of citizenship is provided.
SOLQ or WTPY responses may also include information on the receipt of SSI or RSDI. Advisors can find more information on the treatment of RSDI and SSI income explained in A-1324, Government Payments.
If the WTPY system is unresponsive or unavailable due to system failure, advisors must not deny or delay certification of Medicaid or CHIP coverage for failure to verify SSN or citizenship. Advisors must:
- enter the SSN as provided by the applicant into TIERS and allow the automated SSA interface to verify the SSN; and
- allow the individual a period of reasonable opportunity (explained in A-351.1) to provide the verification of citizenship.
A-351.3 Good Cause Determination
Revision 15-4; Effective October 1, 2015
TANF
Good cause exists when the Texas Health and Human Services Commission (HHSC) determines that circumstances beyond the individual's control prevent proving U.S. citizenship. The individual's statement that proof is delayed is acceptable.
At initial application and when adding a person, good cause is allowed until the next complete review. The individual must be advised that the verification must be provided by the next complete review or the individual will be disqualified.
A-351.3.1 Referrals to OIG
Revision 15-4; Effective October 1, 2015
TANF
Advisors must disqualify and refer an individual to the Office of Inspector General (OIG) if:
- the individual previously claimed to be a U.S. citizen but could not provide proof after allowing good cause; and
- other information indicates the individual's claim of citizenship is questionable.
A-351.4 How to Verify Citizenship
Revision 15-4; Effective October 1, 2015
All Programs
Advisors may refer to A-358.1, Citizenship, for common sources used to verify U.S. citizenship. For Medical Programs, advisors use the most reliable level of verification available from the sources listed as acceptable for Medical Programs. An affidavit is used only as a last resort when other verification is not available.
Advisors should explore derivative citizenship for any applicant born abroad to at least one U.S. citizen parent. If the applicant claims derivative citizenship, the applicant must provide a Certificate of Citizenship issued by the U.S. Citizenship and Immigration Services.
Related Policy
Reasonable Opportunity, A-351.1
Questionable Information, C-920
Providing Verification, C-930
TANF and SNAP
If the applicant cannot obtain the requested proof but can reasonably explain why it is not available, the advisor must obtain an affidavit signed by someone who knows the applicant's history. The advisor should advise signers that the affidavit is a sworn statement; signers can certify only those facts of which they have personal knowledge. The affidavit must state that the signer:
- is a U.S. citizen;
- knows that the applicant is a U.S. citizen; and
- may be fined, imprisoned or both if false information is given.
Through supervisory channels, the advisor must ask the regional attorney to make a determination if the applicant:
- does not have proof of citizenship and cannot obtain an affidavit as described above; or
- claims derivative citizenship and does not have a Certificate of Citizenship.
TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
Verification requirements do not apply for undocumented aliens in the Emergency Medicaid certified group.
A-352 Verification of Alien Status
Revision 18-1; Effective January 1, 2018
All Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
Advisors must verify alien status by:
- obtaining documentation of alien status, as explained in A-340, Qualified Alien Status Eligibility Charts; and
- accessing the USCIS SAVE VIS, as explained in A-355, Verifying Alien's USCIS Documents.
Advisors pend the EDG to allow an alien to update the alien's status with USCIS. An alien who does not have acceptable status is disqualified. If a certified alien’s document expires before the next redetermination, the alien’s immigration status must be re-verified following policies and procedures in A-313, Absence of Proof of Alien Status.
Advisors use the SAVE VIS:
- at application;
- when adding a new household member identified as an alien; or
- when the client’s USCIS document has expired.
Notes: If the alien’s USCIS document is expired and the SAVE response shows;
- The individual is a Lawful Permanent Resident - Employment Authorized and the Date Admitted is “Response is Indefinite,” the individual meets an alien status criteria. These individuals must not be disqualified.
- The individual's I-766, Employment Authorization Document, is not expired. These individuals must not be disqualified due to having an expired document.
SAVE does not contain information about victims of severe trafficking or nonimmigrant alien family members. At application, advisors must call the trafficking verification toll-free number at 866-401-5510 to confirm the validity of the certification letter or Derivative T Visa and to notify the Office of Refugee Resettlement of the benefits for which the individual is applying.
Medicaid and CHIP applicants or recipients who declare an alien status, but for whom verification of alien status is unavailable, must be allowed a period of reasonable opportunity to provide verification of alien status as explained in A-351.1, Reasonable Opportunity.
TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
Do not follow the SAVE VIS verification procedures.
A-353 Verification of Military Connections
Revision 13-2; Effective April 1, 2013
A-353.1 Verification of Veteran Status
Revision 15-4; Effective October 1, 2015
All Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
Advisors must verify an individual's eligible veteran status by:
- a discharge certificate; or
- Form DD-214 or equivalent that shows the individual previously met active duty status in the armed forces.
Note: Discharge certificates that show character of discharge as anything but "honorable" are not acceptable. A character of discharge "Under Honorable Conditions" is not an "honorable" discharge for purposes of eligibility.
If the veteran does not have proof of discharge status, the veteran is referred to the Veteran's Administration to obtain verification.
A-353.2 Verification of Active Duty Military
Revision 15-4; Effective October 1, 2015
All Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
Individuals who claim they are currently on active duty in the military must provide a:
- current Military Identification Card, Form DD-2 (Active); or
- copy of their current military orders.
If the active duty military member does not provide proof of active duty status, the advisor must request other forms of proof.
A–353.3 Verification of a Spouse or Minor Unmarried Dependent Child of a Veteran or Active Duty Military Member or Unmarried Surviving Spouse of a Deceased Veteran or Active Duty Military Member
Revision 15-4; Effective October 1, 2015
All Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
Staff must verify whether an alien meets the eligibility requirements as:
- a spouse or minor unmarried dependent child of a veteran or active duty military member; or
- an unmarried surviving spouse of a deceased veteran or active duty military member.
To verify, advisors may use one of the following methods:
- view Form DD-214 for the discharged veteran;
- view the Military Identification Card (DD-2) that shows that the
alien is married to or is a minor unmarried dependent child of a veteran
or active duty military member; or - refer the individual to the Veteran's Administration for verification.
A–354 Verifying 40 "Qualifying Quarters"
Revision 15-4; Effective October 1, 2015
All Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
Advisors must verify 40 qualifying quarters for LPR applicants or household additions that must meet this requirement. Advisors use the WTPY 40 Quarters Verification System to verify covered wages. Once verified, this information does not have to be reverified.
A–354.1 Response from Social Security Administration's (SSA) WTPY System
Revision 15-4; Effective October 1, 2015
All Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
SSA does not complete the posting of covered earnings quarters for any one year until the following year (around August). Example: Quarters earned in 2012 may not be posted on the WTPY system until August 2013. These quarters are referred to as “Lag” quarters.
A response from SSA on the 40 quarters verification request takes approximately 48 hours to receive.
Advisors base the quarters of covered earnings on the calendar year’s total earnings. Each year, the amount of income needed to earn a quarter changes. State office advises staff of the change each year.
For 2012, an individual must earn $1,130 to earn one quarter. If the individual earned at least $4,520 for 2012 ($1,130 x 4), the client has four qualifying quarters for the year.
Note: Advisors must not allow credit for an incomplete or future quarter. Example: The quarter of July to September 2012 cannot be counted until October
2012, even though the individual earned enough income by March 2012 to receive credit for three quarters in 2012.
A–354.2 Non-Covered Wages
Revision 18-1; Effective January 1, 2018
All Programs Except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
Non-covered wages are those earned by an individual whose employer was not required to pay into the Social Security system (such as certain city, federal, school or religious organization employees).
If the LPR cannot meet the 40 qualifying quarter requirement using covered earnings verified by the SSA, advisors must then obtain sufficient income verification from the individual's employer to determine the earned quarters for the period in question.
Use the chart below to determine if the individual has earned sufficient money to earn a quarter.
| 1984 | $390 | 1995 | $630 | 2006 | $970 | 2017 | $1,300 |
| 1985 | $410 | 1996 | $640 | 2007 | $1,000 | ||
| 1986 | $440 | 1997 | $670 | 2008 | $1,050 | ||
| 1987 | $460 | 1998 | $700 | 2009 | $1,090 | ||
| 1988 | $470 | 1999 | $740 | 2010 | $1,120 | ||
| 1989 | $500 | 2000 | $780 | 2011 | $1,120 | ||
| 1990 | $520 | 2001 | $830 | 2012 | $1,130 | ||
| 1991 | $540 | 2002 | $870 | 2013 | $1,160 | ||
| 1992 | $570 | 2003 | $890 | 2014 | $1,200 | ||
| 1993 | $590 | 2004 | $900 | 2015 | $1,220 | ||
| 1994 | $620 | 2005 | $920 | 2016 | $1,2060 |
Example: A former custodian worked for a school district from 2008 through 2011. The school district did not pay into the Social Security system. The advisor requested that the former custodian provide verification of their earnings for this particular period.* They brought a statement from the school district verifying their wages showing they earned $9,000 for 2008. Using the chart above, the income required to earn a quarter for 2008 is $1,050. This person can be credited with four quarters for 2008 ($1,050 x 4 = $4,200).
*If HHSC already has proof of income earned, advisors do not request that the individual provide additional verification.
Note: Credit for an incomplete or future quarter is not allowed.
A-354.3 Quarters Earned On or After January 1, 1997
Revision 15-4; Effective October 1, 2015
All Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
Federal law requires that quarters earned on or after January 1, 1997, cannot be credited if the person who earned the quarters received means-tested public benefits.
When determining the total amount of quarters earned by an LPR,
advisors do not allow any quarters earned after January 1, 1997, if the
person received TANF, SNAP, Medicaid or SSI benefits for the quarter.
The WTPY system response does not reflect receipt of these benefits.
The SSA defines a quarter as a period of three calendar months:
- Quarter 1: January, February, March
- Quarter 2: April, May, June
- Quarter 3: July, August, September
- Quarter 4: October, November, December
A-354.4 Procedures for Verifying 40 Quarters
Revision 15-4; Effective October 1, 2015
All Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
Advisors must:
| Step | Action |
|---|---|
| 1 | Ensure that the alien's LPR status has been verified. |
| 2 | Determine whose quarters of earnings have to be verified. |
| 3 | Obtain a consent of release before verifying quarters of coverage through the WTPY system or SSA. Use one of the following forms: Note: A consent form or signature is not required for spouses or parents who are deceased.
Example: A husband, wife and their four children have applied for SNAP benefits. Both spouses and two of the children are LPRs (advisor has verified LPR status). The husband has worked in the U.S. for about six years, and the wife has worked about five years. The advisor must verify the quarters of earnings for both spouses. Since the husband was the one who signed the application, he does not have to sign Form SSA-3288; however, a signed Form SSA-3288 is required for the wife. The advisor must also complete Form H1079, Qualifying Quarters of Social Security Earnings, for both spouses. |
| 4 | If the household signed Form SSA-3288, submit Form H1079 to the appropriate WTPY data entry staff with the following information:
If the household signed Form SSA-513, send the completed form to the following address: |
| 5 | If you are awaiting the verification from SSA's WTPY system (normally WTPY provides a response within 48 hours), issue Form H1020, Request for Information or Action, and pend the EDG. If you sent Form SSA-513, disqualify the individual until you receive the response from SSA. |
| 6 | Use the WTPY or Form SSA-513 response to determine how many countable quarters are in the SSA records for the LPR, spouse and parent. Verify any recent earnings through the employer or case record if not yet posted on the WTPY system or not listed on Form SSA-513. Compute the quarters of covered earnings. |
| 7 | Disallow any quarters in which the wage earner received TANF, SNAP, Medicaid or SSI after January 1, 1997. |
| 8 | If the LPR:
|
| 9 | If the individual disagrees with SSA's records for quarters of covered earnings, provide the individual with Form H1020. On Form H1020, explain that HHSC will certify the LPR if proof is provided that SSA was contacted to resolve the record of earnings. Provide the LPR copies of the WTPY response(s). If the LPR needs to resolve a disagreement about a parent's or spouse's SSA record, advise the LPR that the spouse or parent must go to SSA to reconcile the individual's record. The LPR can resolve the SSA records for a deceased spouse or parent. |
| 10 | If the LPR contacts SSA to resolve the disagreement, SSA provides the individual with a document or Form SSA-7008, Request for the Correction of Earnings. The document or Form SSA-7008 verifies the action being taken to resolve the disagreement about the individual's SSA record. When the LPR provides the verification, submit the verification for imaging. Consider the LPR an eligible alien for TANF, SNAP and Medical Programs for one of the following time periods:
Note: On a denied application, if the LPR provides the needed proof by the 60th day after the file date, reopen the application using the date the LPR provided the information as the file date. |
A-355 Verifying Alien's USCIS Documents
Revision 20-2; Effective April 1, 2020
A-355.1 SAVE Program's Verification Information System (VIS)
Revision 20-2; Effective April 1, 2020
All Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
The Systematic Alien Verification for Entitlements (SAVE) program's Verification Information System (VIS) is a web-based application that provides alien status information using the applicants' alien registration number.
The SAVE System provides the following types of responses:
- Initial Verification Results: First Name, Last Name, Country, Date of Entry, Date of Birth, Class of Admission (COA) and System Response; and
- Additional Verification Results: Department of Homeland Security (DHS) Response, Expires On, Response Date and DHS Comments.
If the alien’s USCIS document is expired and the SAVE response shows the individual is a Lawful Permanent Resident - Employment Authorized and the Date Admitted is “Response is indefinite,” they meet alien status criteria.
Use the SAVE Verification Information System:
- at application;
- when adding a new household member identified as an alien; or
- if a person's alien documentation has expired.
Exceptions:
When SAVE does not contain information about victims of severe trafficking or non-alien family members, call the trafficking verification toll-free number at 866-401-5510 to:
- confirm the validity of the certification letter or Derivative T Visa; and
- notify the Office of Refugee Resettlement of the benefits for which the person is applying.
SAVE does not normally contain information about American Indians born outside of the U.S.
Related Policy
American Indians Born Outside the U.S., D-8420
A-355.2 How to Request an Initial Verification
Revision 15-4; Effective October 1, 2015
All Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
Supervisors complete and route Form 4743, Request for Applications
and System Access, to the regional security officer for employees who
need access to the SAVE system.
Advisors must follow these steps to access the SAVE system:
- Open the VIS web site at https://save.uscis.gov/Web/vislogin.aspx?JS=YES.
- Enter your User ID and password.
- Select Initial Verification from the Case Administration menu.
- Enter the document type that the applicant provided.
- Enter the applicant's information as it appears on the document:
- Alien Number — Do not include the letter A when entering the information in SAVE. If the A number has fewer than nine digits, add leading zeroes to make it a nine-digit number. USCIS# is used on the new I-551 cards instead of Alien Number.
- I-94 Identification Number — known as the admission number, consists of an 11-digit field. Enter leading zeroes if the I-94 number provided has less than 11 digits.
- Card Number — Card numbers for I-551 cards issued before November 2004 are at the bottom of the card toward the right-hand side. Card numbers for newer versions of I-551 are on the back of the
card. - Last name.
- First name.
- Date of birth.
- Document expiration date, if applicable.
- Required benefits — Select the benefit type from the Benefits List (SNAP, Medicaid, TANF).
- Select Submit Initial Verification. The response appears in the Initial Verification Results section of the same page.
- The screen displays one of the following messages:
- Lawful Permanent Resident – Employment Authorized;
- Institute Additional Verification; or
- Temporary Resident/Temporary Employment Authorized.
Note: If the response is Temporary Resident/Temporary Employment Authorized, the alien does not meet eligibility requirements.
- Review the results and select Print Case Details.
- Select Complete and Close Case to close the case (only if
additional verification is not necessary). Once a case is closed, the
user can view it for an additional 90 days.
A-355.3 How to Request Additional Verification – Online Process
Revision 15-4; Effective October 1, 2015
All Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
To request additional verification:
- In the Initial Verification Results section, select Request Additional Verification. The Enter Additional Verification Data section appears.
- Edit the default information if necessary, enter required information, and include as much information as possible. Use the Special Comments box to enter additional information to the Immigration Status Verifier (ISV) staff.
- Submit the request by selecting Submit Additional Verification. The response section appears indicating that the request is in process and will return the response within three working days.
- To view the status of the case, select View Cases from the Case Administration menu. The Case Search page appears.
- Enter the Case Search Criteria to search for cases based on the following case status:
-
- all open cases;
- cases requiring action;
- cases with additional verification responses;
- cases in process; and
- closed cases.
-
Select Display Case Summary List to open the Case Summary List page. The list displays the Case Status for cases that require action, cases in process, and closed cases. Click the Verification Number to view the Case Details. The user is able to print the case details, request additional verification, and close the case.
When the system is unable to verify the immigration status with the information provided by the user in the automated additional verification request, or the document appears counterfeit, altered, or expired, staff may use the manual process in A-355.4, How to Request Additional Verification – Manual Process.
A-355.4 Secondary Verification of Alien Immigration Status
Revision 20-2; Effective April 1, 2020
All Programs except TA 31, TP 32, TP 33, TP 34, TP 35, and TP 36
If staff are unable to verify an alien's immigration status through primary verification procedures, use SAVE to request additional information from USCIS by requesting a Data Broker Combined Report through TIERS or the Data Broker Portal.
Once a request from USCIS is obtained for verification of immigration status, the information received must be processed. Staff receive one of the following responses from SAVE via the Combined Report in TIERS or in the Data Broker Portal:
- First level verification - initial verification request in TIERS.
- Second level verification - situations that require additional (secondary) verification in the Data Broker Portal.
- Third level verification - situations that require staff to upload documents for verification in the Data Broker Portal via SAVE.
For the first level verification, staff enter the information provided by the person into TIERS. Once the information is entered and SAVE is requested, SAVE will return an immediate response back indicating if the information entered was able to be verified with USCIS or if more information is needed.
If the information entered can be verified on the first level verification, staff will see the alien status, category code, and entry date. If the information entered is unable to be verified against USCIS records, then staff will have to proceed to second or third level verification responses to correctly verify the person’s citizenship and alien status.
For second level verification and third level verification responses, Data Broker automatically requests additional verification from SAVE. Once obtained from SAVE, staff receive an email from the Data Broker vendor notifying them that the verification requested has been returned from SAVE.
For second level verification responses:
- The Data Broker vendor sends a subsequent email notifying staff that the verification has been returned from SAVE.
- Staff must then:
- login to the Data Broker Portal to retrieve the information; and
- update the Alien/Refugee Details page in TIERS accordingly.
For third level verification responses:
- Staff must:
- upload the verification documents requested into the Data Broker Portal;
- not mail the documents to USCIS; and
- ensure only one PDF file containing all required verification documents is uploaded.
- The Data Broker vendor sends a subsequent email notifying staff SAVE has returned the verification.
- staff must then login to the Data Broker Portal to retrieve the information; and
- update the Alien/Refugee Details page in TIERS accordingly.
Note: SAVE only populates alien sponsor information into TIERS for the additional verification response. This is unlike initial verification that populates the response data for the applicant in the appropriate ELDS tables on the TIERS Alien/Refugee-Details page.
Related Policy
Filing an Overpayment Referral, B-770
Referrals for Intentional Program Violation (IPV), B-900
A-356 Verifying Alien's Date of Entry
Revision 15-4; Effective October 1, 2015
TANF and Medical Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
The date on the alien's immigration document often represents the alien's first date of entry into the United States. In some instances, an alien may be present in the United States without a qualified status. The individual may then depart and then return to the U.S. as an LPR. For these aliens, the date on their immigration document reflects the date of entry with LPR status, rather than the alien's original date of entry.
Advisors use immigration documents to verify date of entry. Advisors must allow aliens with a USCIS document showing an entry date on or after August 22, 1996, who claim to have entered before that date, an opportunity to submit evidence of their claimed date of entry. This evidence may include pay stubs, a letter from an employer, or a lease or utility bill in the alien's name.
A-357 Verifying Alien's Continuous Presence
Revision 20-1; Effective January 1, 2020
TANF and Medical Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
The USCIS maintains a record of arrivals to and departures from the country for most legal entrants.
To verify continuous presence in the U.S., submit the Form G-845, Verification Request, and Form G-845S, Supplement Verification Request, electronically through the Data Broker system to the USCIS.
Other entrants, including aliens who entered the U.S. without USCIS documents, must provide documentary evidence showing proof of continuous presence, such as a letter from an employer, a series of pay stubs, or utility bills in the alien's name spanning the period in question.
Note: The alien does not have to remain continuously present in the U.S after obtaining qualified immigrant status.
Related Policy
How to Request Additional Verification – Online Process, A-355.3
How to Request Additional Verification – Manual Process, A-355.4
A-358 Verification Sources
Revision 13-2; Effective April 1, 2013
A-358.1 Citizenship
Revision 15-4; Effective October 1, 2015
TANF and SNAP Verification Sources:
- Birth Verification System automated process (for individuals born in Texas)
- Birth certificate (see Note)
- Naturalization papers (N-560 or N-561)
- Hospital record of birth
- Baptismal record with date and place of birth
- U.S. passport or U.S. passport card
- Military service papers
- Census records showing name, U.S. citizenship or U.S. place of birth, and date of birth or age
- Voter registration card (SNAP only)
- Local, state or federal records showing birthplace in the U.S.
- Regional attorney
- Civil service employment by the U.S. government
- American Indian Card
- Report of birth abroad (FS-240)
- Certificate of birth (FS-545 or DS-1350)
Alternate Sources
- Family Bible records
- Affidavit from U.S. citizen
Note: Individuals born in Puerto Rico must provide a birth certificate issued on or after July 1, 2010, unless previously certified using a birth certificate issued before July 1, 2010. See C-932, Advisor Responsibility for Verifying Information, for information regarding assisting an individual in obtaining birth verification from Puerto Rico.
Medical Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
Citizenship and Identity Verification
Verification sources are divided into two levels: Level 1 and Level
2. Level 1 sources establish both citizenship and identity. Level 2
sources establish citizenship only.
| Level 1: Verifies Citizenship and Identity |
|---|
| SOLQ/WTPY |
| U.S. passport |
| Certificate of Naturalization (DHS Forms N-550 or N-570) |
| Certificate of U.S. Citizenship (DHS Forms N-560 or N-561) |
| State Data Exchange (SDX) for denied SSI recipients when the denial reason is for any reason other than citizenship |
| Evidence of membership or enrollment in a federally recognized tribe |
| SOLQ/WTPY and documentation on reason for Medicare denial |
| Inquiry reflecting a current or denied TP 45 Medicaid EDG |
| CHIP-P inquiry reflecting a current or denied CHIP-P case for the child |
| Level 2: Verifies Citizenship Only |
|---|
| If using a source from Level 2, the individual must also provide an additional source from the Medicaid and CHIP identity verification sources. The same source that was used to verify citizenship cannot be used to verify identity. Identify verification from A-621, Verification Sources, is required. |
| A U.S. public birth certificate showing birth in one of the 50 states, the District of Columbia, Puerto Rico (if born on or after January 13, 1941)*, Guam (on or after April 10, 1899), the Virgin Islands of the U.S. (on or after January 17, 1917), American Samoa, Swain's Island or the Northern Mariana Islands (after November 4, 1986)* |
| BVS inquiry |
| Report of Birth Abroad of a U.S. Citizen (FS-240) |
| Certification of Birth Abroad (FS 545 or DS-1350) |
| U.S. Citizen Identification Card (Form I-179 or I-197) |
| Northern Mariana Identification Card (I-873) |
| Final adoption decree showing the child's name and U.S. place of birth |
| Evidence of U.S. civil service employment before June 1, 1976 |
| U.S. military record showing a U.S. place of birth (Example: DD-214) |
| SAVE for naturalized citizens |
If a child has not yet received a Certificate of Citizenship, N-560 or N-561, evidence of meeting the automatic criteria for U.S. citizenship outlined in the Child Citizenship Act of 2000, which includes:
|
| Hospital record of birth showing a U.S. place of birth |
| Life, health, or other insurance record showing a U.S. place of birth |
| Religious record of birth recorded in the U.S. or its territories within three months of birth, which indicates a U.S. place of birth, showing either the date of birth or the individual's age at the time the record was made |
| Early school record (preschool or day care) showing a U.S. place of birth |
| Federal or state census record showing U.S. citizenship or a U.S. place of birth |
| Institutional admission papers from a nursing facility, skilled care facility or other institution showing a U.S. place of birth |
| Medical (clinic, doctor, or hospital) record, excluding an immunization record, showing a U.S. place of birth |
| An affidavit signed by another individual who can reasonably declare to the applicant's citizenship, regardless of blood relationship to the individual and under penalty of perjury, and that contains the applicant's name, date of birth, and place of U.S. birth. The affidavit does not have to be notarized. Use only as a last resort when other evidence is not available. |
* Individuals born in Puerto Rico must provide a birth certificate issued on or after July 1, 2010, unless certified previously using a birth certificate issued before July 1, 2010. C-932, Advisor Responsibility for Verifying Information, includes information regarding assisting an individual in obtaining birth verification from Puerto Rico.
American Indian/Alaska Natives (AI/AN)
Individuals can self-declare AI/AN status. Form H1205, Texas Streamlined Application, and Form H1010, Texas Works Application for Assistance — Your Texas Benefits, include a general question asking whether anyone in the household is an American Indian, Alaska Native, or member of a federally recognized tribe. In some instances, Yes may be selected on the application for this question, but information is not provided by the applicant in Appendix B, American Indian or Alaska Native Family Member (AI/AN), identifying the member of the household composition for Medical Programs to whom the status applies. If the name of the individual claiming AI/AN status is not provided, AI/AN status is considered not verified.
Related Policy
Providing Verification, C-930
Using State Online Query (SOLQ) or Wire Third-Party Query (WTPY) to Verify Citizenship, A-351.2
A-358.2 Alien Status
Revision 15-4; Effective October 1, 2015
All Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
- Form I-94, I-151, I-551, I-688B (with special annotations), I-766 (with
special annotations), or other valid USCIS records - Contact with USCIS
TANF and Medical Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
Alien Entry Date
- Immigration document
- Contact with the USCIS
- Pay stubs
- Letter from employer
- Lease or utility bill in the alien's name
- School records
- Other document indicating entry date
Alien's Continuous Presence
- Contact with the USCIS
- Letter from employer
- Pay stubs or utility bills in the alien's name spanning the time period in question
- School records
- Other documents spanning the time period in question
A-360, Documentation Requirements
Revision 15-4; Effective October1, 2015
All Programs
Advisors must document the:
- alien's status and how you verified it;
- USCIS document's expiration date if any;
- basis of alien's eligibility or ineligibility; and
- temporary eligibility period for the alien, described in A-354.4, Procedures for Verifying 40 Quarters, if applicable.
Advisors must document the verification number from the SAVE inquiry in case comments.
Related Policy
Documentation, C-940
SNAP
Advisors must document the proof of citizenship, if questionable.
TANF and Medical Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
Advisors must document proof of citizenship.
Advisors must document the alien's:
- date of entry; and
- continuous presence, if necessary to establish eligibility.
Medical Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36
When using a verification source from Level 2, the advisor must document the reason Level 1 was not used.
Copies of the document used to verify citizenship must be legible and non-questionable.