Revision 18-4; Effective October 1, 2018

 

 

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 18-1; Effective January 1, 2018

 

All Programs

Before certifying any alien resident, the advisor must ensure that the individual is legally admitted by the U.S. Citizenship and Immigration Services (USCIS) to reside in the United States and meets the definition of a "qualified immigrant" as specified in A-311.1, Definition of Qualified Immigrant. See A-352, Verification of Alien Status.

The advisor must use the alien's USCIS document(s) and the charts in A-340, Qualified Alien Status Eligibility Charts, to determine the programs for which the alien is potentially eligible.  The advisor may check USCIS documents for expiration dates. An expired document is not acceptable. Advisors must disqualify aliens who do not have acceptable alien status.

Exception: If the individual’s USCIS document is expired and the Systematic Alien Verifications for Entitlements (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.

Notes:

  • See A-342, TANF and Medical Programs Alien Status Eligibility Charts, for Emergency Medicaid eligibility for aliens who do not have acceptable status.
  • Before disqualifying an alien with an expired document, check the expiration date of the document on the SAVE Program.USCIS automatically extends certain I-766s, Employment Authorization Documents, for up to 180 days when USCIS receives a renewal application for the document. When this occurs, SAVE will display the new expiration date.Do not disqualify the individual if SAVE shows that the I-766 is current.

Related Policy
Verifying Alien's USCIS Documents, A-355

 

A—311.1 Definition of Qualified Immigrant

Revision 13-2; Effective April 1, 2013

 

All Programs

The USCIS defines a qualified immigrant as an alien in one of the following categories:

Lawful Permanent Resident (LPR) — lawfully admitted for legal permanent residence in the U.S. This category also includes Amerasians admitted under Section 584 of the Foreign Operations, Export Financing and Related Programs Appropriation Act of 1988.

Asylee — granted asylum under Section 208 of the Immigration and Nationality Act (INA).

Refugee — admitted to the U.S. under Section 207 of the INA.

Parolee — paroled into the U.S. under Section 212(d)(5) of the INA for at least one year.

Deportation (or Removal) Withheld — deportation is being withheld under Section 243(h) of the INA, or removal is withheld under Section 241(b)(3) of the INA.

Conditional Entrant — granted conditional entry under Section 203(a)(7) of the INA as in effect before April 1, 1980.

Battered Alien — a battered spouse, battered child or parent, or child of a battered person with a petition pending; (See A-343, How to Determine Eligibility for Battered Aliens).

Cuban or Haitian Entrant — admitted under Section 501(e) of the Refugee Education Assistance Act of 1980.

Trafficking Victims – victims admitted under the Trafficking Victims Protection Act of 2000.

Iraqi and Afghan Special Immigrants (SIV) – special immigrant status under 101(a)(27) of the INA may be granted to Iraqi and Afghan nations who have worked on behalf of the U.S. government in Iraq or Afghanistan. The Department of Defense Appropriations Act of 2010, PL 111-118, 120 enacted on December 19, 2009, provides that SIV are eligible for all benefits to the same extent and the same period of time as refugees.

Note: All of the above are listed in A-340, Qualified Alien Status Eligibility Charts.

 

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 (LPR) 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 18-1; Effective January 1, 2018

 

Chart A

Advisors use the following chart to determine if a qualified alien meets the eligibility requirements to receive SNAP benefits. These aliens are eligible for benefits indefinitely, except a victim of severe trafficking.

If the qualified alien was admitted as a/an … and the USCIS document provided is a/an … then the alien is …
Refugee
  • *I-551, Permanent Resident Card, annotated with R8-6, RE-1 thru RE-9
  • I-94, Arrival/Departure Record, annotated with INA Section 207 or Refugee
  • Original certification letter from the Office of Refugee Resettlement (ORR)
  • I-766, Employment Authorization Document, annotated with Code A3
eligible from date of entry.
Asylee
  • *I-551, Permanent Resident Card, annotated with AS-6 thru AS-8
  • I-94, Arrival/Departure Record, annotated with INA Section 208 or Asylee
  • I-766, Employment Authorization Document, annotated with Code A5
  • USCIS letter from Asylum Office
  • Order from an immigration judge granting asylum
eligible from date of entry.
Deportation Withheld
  • I-94, Arrival/Departure Record, annotated with INA Section 243(h) or 241(b)(3)
  • I-766, Employment Authorization Document, annotated with Code A10
  • Order from an immigration judge showing deportation withheld under
    INA Section 243(h) or 241(b)(3). Consider the date of entry as the date
    the status was assigned.
eligible from date of entry.
Cuban/Haitian Entrant
  • *I-551, Permanent Resident Card, annotated with R8-6, CH-6, CU-6, CU-7
  • I-94, Arrival/Departure Record, annotated with INA Section 212(d)(5) or Cuba/Haitian Entrant
  • I-94, Arrival/Departure Record, annotated with INA Section 240, Pending Hearing – Cuban granted parole for one year
  • I-94, Arrival/Departure Record, annotated as Public Interest Parole
  • I-766, Employment Authorization Document, annotated with Code C8
  • Receipt from INS Asylum Office indicating filing of Form I-589, Application for Asylum
eligible from date of entry.
Haitian Orphan
  • I-94, Arrival/Departure Record, indicating the person has humanitarian "parole" status admitted after January 12, 2010
  • Immigrant visa indicating the person was lawfully admitted for permanent residence
  • *I-551, Permanent Resident Card, annotated with Status Code CH-6
eligible from date of entry.
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 eligible from date of entry.
Victim of Severe Trafficking
  • Derivative T Visa annotated with T-1
  • Derivative T Visa annotated with T-2, T-3, T-4, T-5 (family members of a victim of severe trafficking)
eligible up to four years from date of entry or until the law enforcement extension expires.
Afghani or Iraqi Special Immigrant Passport with a stamp noting that the individual has been admitted under a special immigrant visa category IV with one of the following codes:
  • SI-1 or SQ-1 for the principal applicant;
  • SI-2 or SQ-2 for the spouse of the principal applicant;
  • SI-3 or SQ-3 for the unmarried child under age 21 of the principal applicant; and a
  • Department of Homeland Security (DHS) stamp or notation on passport or I-94, showing date of entry.

For those 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:

  • SI-6 or SQ-6 for the principal applicant,
  • SI-7 or SQ-7 for the spouse of the principal applicant, or
  • SI-9 or SQ-9 for the unmarried child under age 21 of the principal applicant.

These special immigrants also may demonstrate nationality with an Afghani or Iraqi passport.

Note: The entry date for an Afghani special immigrant must be Dec. 26, 2007, or later. An Iraqi special immigrant's entry date must be Jan. 26, 2008, or later.

eligible from date of entry.

*An I-551, Permanent Resident Card, does not always include the holder's signature. See A-355, Verifying Alien's USCIS Documents.

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, the immigrant is potentially eligible for SNAP benefits.

 

Chart B

Advisors use the following chart to determine the eligibility of these particular 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
  • I-94, Arrival/Departure Record, showing admission for at least one year under INA Section 212(d)(5) or Parolee
  • I-766, Employment Authorization Document, annotated with A-4 or C-11
  • has lawfully resided as a qualified immigrant in the U.S. for five years;
  • meets the SNAP definition of disability in B-432, Definition of Disability (regardless of when the alien acquired a disability or when the alien entered the U.S.);
  • is currently under age 18 (regardless of when the alien entered the U.S.); or
  • is the spouse, unmarried surviving spouse or minor unmarried
    dependent child of an honorably discharged veteran or is an active duty
    military member.
Conditional Entrant
  • I-94, Arrival/Departure Record, annotated with INA Section 203(a)(7)
  • I-766, Employment Authorization Document, annotated with A3
  • has lawfully resided as a qualified immigrant in the U.S. for five years;
  • meets the SNAP definition of disability in B-432 (regardless of when the alien acquired a disability or when the alien entered the U.S.);
  • is currently under age 18 (regardless of when the alien entered the U.S.); or
  • is the spouse, unmarried surviving spouse or minor unmarried
    dependent child of an honorably discharged veteran or is an active duty
    military member.

Chart C

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
  • I-151, Alien Registration Receipt Card (also known as a Green Card)
  • I-551, Resident Alien Card
  • *I-551, Permanent Resident Card (introduced December 1997)
  • has lawfully resided as a qualified immigrant in the U.S. for five years;
  • meets the SNAP definition of disability in B-432 (regardless of when the alien acquired a disability or when the alien entered the U.S);
  • is currently under age 18 (regardless of when the alien entered the U.S.);
  • meets the 40 qualifying quarters requirement in A-354, Verifying 40 "Qualifying Quarters";
  • is an honorably discharged veteran who met the minimum active duty requirements for:
    • 24 months; or
    • the period for which the person was called to active duty; or
  • is an active duty military member; or
  • is the spouse, unmarried surviving spouse or minor dependent child
    of an honorably discharged veteran or active duty military member.

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. See A-355, Verifying Alien's USCIS Documents.

 

Chart D

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.
  • *I-551, Permanent Resident Card, annotated with KIP – Kickapoo Indian Pass
  • *I-551 annotated with S13 – American Indian born in Canada
  • 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
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 unremarried widow(er)s of those who are
    deceased
I-94 or *I-551 eligible if the immigrant:
  • is from Laos, Vietnam or Cambodia; and
  • claims to be a member of a Hmong or Highland Laotian tribe.

*An I-551, Permanent Resident Card, does not always include the holder's signature. See A-355, Verifying Alien's USCIS Documents.


 

A—342 TANF and Medical Programs Alien Status Eligibility Charts

Revision 18-4; Effective October 1, 2018

 

Chart A

Staff should 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
  • *I-551, Permanent Resident Card, annotated with R8-6, RE1 thru RE9
  • I-94, Arrival/Departure Record, annotated with INA Section 207 or Refugee
  • I-766, Employment Authorization Document, annotated with Code A-3
  • eligible for TANF; and
  • eligible for Medicaid if the alien meets one of the following requirements:
    • honorably discharged veteran or active duty member of the U.S. armed forces;
    • spouse (including unmarried surviving spouse) of honorably discharged veterans or active duty members;
    • dependent child of honorably discharged veteran or active duty member;
    • American Indian born in Canada;
    • member of a federally recognized Indian tribe;
    • received SSI, Medicaid or both on 8/22/96 and lawfully resided in the U.S. on or before 8/22/96; or
    • LPR credited with 40 qualifying quarters of Social Security coverage.
  • Note: Permanently Residing Under Color of Law (PRUCOL) aliens are not eligible.
Asylee
  • *I-551, Permanent Resident Card, annotated with AS-6 thru AS-9
  • I-94, Arrival/Departure Record, annotated with INA Section 208 or Asylee
  • I-766, Employment Authorization Document, annotated with Code A5
  • USCIS Asylum Office letter
  • Order from an immigration judge granting asylum
  • eligible for TANF; and
  • eligible for Medicaid if the alien meets one of the following requirements:
    • honorably discharged veteran or active duty member of the U.S. armed forces;
    • spouse (including unmarried surviving spouse) of honorably discharged veterans or active duty members;
    • dependent child of honorably discharged veteran or active duty member;
    • American Indian born in Canada;
    • member of a federally recognized Indian tribe;
    • received SSI, Medicaid or both on 8/22/96 and lawfully resided in the U.S. on or before 8/22/96; or
    • LPR credited with 40 qualifying quarters of Social Security coverage.
  • Note: Permanently Residing Under Color of Law (PRUCOL) aliens are not eligible.
Deportation Withheld
  • I-94, Arrival/Departure Record, annotated with INA Section 243(h) or 241(b)(3)
  • I-766, Employment Authorization Document, annotated with code A10
  • Order from an immigration judge showing deportation withheld under
    INA Section 243(h) or Section 241(b)(3). Consider the date of entry as
    the date the status was assigned.
  • eligible for TANF; and
  • eligible for Medicaid if the alien meets one of the following requirements:
    • honorably discharged veteran or active duty member of the U.S. armed forces;
    • spouse (including unmarried surviving spouse) of honorably discharged veterans or active duty members;
    • dependent child of honorably discharged veteran or active duty member;
    • American Indian born in Canada;
    • member of a federally recognized Indian tribe;
    • received SSI, Medicaid or both on 8/22/96 and lawfully resided in the U.S. on or before 8/22/96; or
    • LPR credited with 40 qualifying quarters of Social Security coverage.
  • Note: Permanently Residing Under Color of Law (PRUCOL) aliens are not eligible.
Cuban/Haitian Entrant
  • *I-551, Permanent Resident Card, annotated with R8-6, CH-6, CU-6 or
    CU-7
  • I-94, Arrival/Departure Record, annotated with INA Section 212(d)(5) or Cuban/Haitian
    Entrant
  • I-94, Arrival/Departure Record, annotated with INA Section 240 Pending Hearing – Cuban granted parole for one year
  • I-94, Arrival/Departure Record, annotated with Public Interest Parolee
  • eligible for TANF; and
  • eligible for Medicaid if the alien meets one of the following requirements:
    • honorably discharged veteran or active duty member of the U.S. armed forces;
    • spouse (including unmarried surviving spouse) of honorably discharged veterans or active duty members;
    • dependent child of honorably discharged veteran or active duty member;
    • American Indian born in Canada;
    • member of a federally recognized Indian tribe;
    • received SSI, Medicaid or both on 8/22/96 and lawfully resided in the U.S. on or before 8/22/96; or
    • LPR credited with 40 qualifying quarters of Social Security coverage.
  • Note: Permanently Residing Under Color of Law (PRUCOL) aliens are not eligible.
Haitian Orphan
  • I-94, Arrival/Departure Record, indicating person has humanitarian "parole" status admitted on or after Jan. 12, 2010
  • Immigrant visa indicating the person was lawfully admitted for permanent residence
  • *I-551, Permanent Resident Card, annotated with status code CH-5
  • eligible for TANF; and
  • eligible for Medicaid if the alien meets one of the following requirements:
    • honorably discharged veteran or active duty member of the U.S. armed forces;
    • spouse (including unmarried surviving spouse) of honorably discharged veterans or active duty members;
    • dependent child of honorably discharged veteran or active duty member;
    • American Indian born in Canada;
    • member of a federally recognized Indian tribe;
    • received SSI, Medicaid or both on 8/22/96 and lawfully resided in the U.S. on or before 8/22/96; or
    • LPR credited with 40 qualifying quarters of Social Security coverage.
  • Note: Permanently Residing Under Color of Law (PRUCOL) aliens are not eligible.
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
  • eligible for TANF; and
  • eligible for Medicaid if the alien meets one of the following requirements:
    • honorably discharged veteran or active duty member of the U.S. armed forces;
    • spouse (including unmarried surviving spouse) of honorably discharged veterans or active duty members;
    • dependent child of honorably discharged veteran or active duty member;
    • American Indian born in Canada;
    • member of a federally recognized Indian tribe;
    • received SSI, Medicaid or both on 8/22/96 and lawfully resided in the U.S. on or before 8/22/96; or
    • LPR credited with 40 qualifying quarters of Social Security coverage.
  • Note: Permanently Residing Under Color of Law (PRUCOL) aliens are not eligible.
Parolee
  • I-94, Arrival/Departure Record, annotated with INA Section 212(d)(5) showing admission for at least one year

Note: This does not include Cuban/Haitian entrants.

  • eligible for TANF; and
  • eligible for Medicaid if the alien meets one of the following requirements:
    • honorably discharged veteran or active duty member of the U.S. armed forces;
    • spouse (including unmarried surviving spouse) of honorably discharged veterans or active duty members;
    • dependent child of honorably discharged veteran or active duty member;
    • American Indian born in Canada;
    • member of a federally recognized Indian tribe;
    • received SSI, Medicaid or both on 8/22/96 and lawfully resided in the U.S. on or before 8/22/96; or
    • LPR credited with 40 qualifying quarters of Social Security coverage.
  • Note: Permanently Residing Under Color of Law (PRUCOL) aliens are not eligible.
Conditional Entrant
  • I-94, Arrival/Departure Record, annotated with INA Section 203(a)(7)
  • I-766, Employment Authorization Document, annotated with status code A-3
  • eligible for TANF; and
  • eligible for Medicaid if the alien meets one of the following requirements:
    • honorably discharged veteran or active duty member of the U.S. armed forces;
    • spouse (including unmarried surviving spouse) of honorably discharged veterans or active duty members;
    • dependent child of honorably discharged veteran or active duty member;
    • American Indian born in Canada;
    • member of a federally recognized Indian tribe;
    • received SSI, Medicaid or both on 8/22/96 and lawfully resided in the U.S. on or before 8/22/96; or
    • LPR credited with 40 qualifying quarters of Social Security coverage.
  • Note: Permanently Residing Under Color of Law (PRUCOL) aliens are not eligible.
Legal Permanent Resident
  • I-151, Alien Registration Receipt Card – commonly referred to as Green Card
  • I-551, Resident Alien Card
  • *I-551, Permanent Resident Card
  • eligible for TANF; and
  • eligible for Medicaid if the alien meets one of the following requirements:
    • honorably discharged veteran or active duty member of the U.S. armed forces;
    • spouse (including unmarried surviving spouse) of honorably discharged veterans or active duty members;
    • dependent child of honorably discharged veteran or active duty member;
    • American Indian born in Canada;
    • member of a federally recognized Indian tribe;
    • received SSI, Medicaid or both on 8/22/96 and lawfully resided in the U.S. on or before 8/22/96; or
    • LPR credited with 40 qualifying quarters of Social Security coverage.
  • Note: Permanently Residing Under Color of Law (PRUCOL) aliens are not eligible.
Native American born in Canada who is entitled by treaty to reside in the U.S. (follows Legal Permanent Resident in Chart A)
  • *I-551 annotated with KIC – Kickapoo Indian Citizen
  • *I-551 annotated with KIP – Kickapoo Indian Pass
  • *I-551 annotated with S13 – American Indian born in Canada
  • 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
  • eligible for TANF; and
  • eligible for Medicaid if the alien meets one of the following requirements:
    • honorably discharged veteran or active duty member of the U.S. armed forces;
    • spouse (including unmarried surviving spouse) of honorably discharged veterans or active duty members;
    • dependent child of honorably discharged veteran or active duty member;
    • American Indian born in Canada;
    • member of a federally recognized Indian tribe;
    • received SSI, Medicaid or both on 8/22/96 and lawfully resided in the U.S. on or before 8/22/96; or
    • LPR credited with 40 qualifying quarters of Social Security coverage.
  • Note: Permanently Residing Under Color of Law (PRUCOL) aliens are not eligible.

*An I-551, Permanent Resident Card, does not always include the holder's signature. See A-355, Verifying Alien's USCIS Documents.

 

Chart B

Staff should use the following chart to determine eligibility for TANF and Medicaid for qualified aliens admitted into the U.S. on or after August 22, 1996.

If the qualified alien was admitted as a/an … and the USCIS document provided is a/an … then the alien is …
Refugee
  • *I-551, Permanent Resident Card, annotated with R8-6, RE1 thru RE9
  • I-94, Arrival/Departure Record, annotated with INA Section 207 or Refugee
  • An original certification letter from the Office of Refugee Resettlement (ORR)
  • I-766, Employment Authorization Document, annotated with Code A-3
  • eligible for TANF for the first five years after the legal date of entry; and
  • eligible for Medicaid (including Parents and Caretaker Relatives Medicaid) for the first seven years after the legal date of entry.

Notes:

  • Qualified aliens retain this eligibility even if they have adjusted to LPR status.
  • LPRs must have 40 qualifying quarters of Social Security coverage.
Asylee
  • *I-551, Permanent Resident Card, annotated with R8-6, AS6 thru AS-9
  • I-94, Arrival/Departure Record, annotated with INA Section 208 or Asylee
  • I-766, Employment Authorization Document, annotated with Code A-5
  • USCIS letter from Asylum office
  • Order from an immigration judge granting asylum
  • eligible for TANF for the first five years after the legal date of entry; and
  • eligible for Medicaid (including Parents and Caretaker Relatives Medicaid) for the first seven years after the legal date of entry.

Notes:

  • Qualified aliens retain this eligibility even if they have adjusted to LPR status.
  • LPRs must have 40 qualifying quarters of Social Security coverage.
Deportation Withheld
  • I-94, Arrival/Departure Record, annotated with INA Section 243(h) or Section 241(h)(3)
  • I-766, Employment Authorization Document, annotated with Code A-10
  • Order from an immigration judge showing deportation withheld under
    INA Section 243(h) or Section 241(b)(3). Consider the date of entry as
    the date the status was assigned.
  • eligible for TANF for the first five years after the legal date of entry; and
  • eligible for Medicaid (including Parents and Caretaker Relatives Medicaid) for the first seven years after the legal date of entry.

Notes:

  • Qualified aliens retain this eligibility even if they have adjusted to LPR status.
  • LPRs must have 40 qualifying quarters of Social Security coverage.
Cuban/Haitian Entrant
  • *I-551, Permanent Resident Card, annotated with R8-6, CH-6, CU-6 or CU-7
  • I-94, Arrival/Departure Record, annotated with INA Section 212(d)(5) or Cuban/Haitian Entrant
  • I-94, Arrival/Departure Record, annotated with INA Section 240, Pending Hearing – Cuban, granted parole for one year
  • I-94, Arrival/Departure Record, annotated as Public Interest Parole
  • eligible for TANF for the first five years after the legal date of entry; and
  • eligible for Medicaid (including Parents and Caretaker Relatives Medicaid) for the first seven years after the legal date of entry.

Notes:

  • Qualified aliens retain this eligibility even if they have adjusted to LPR status.
  • LPRs must have 40 qualifying quarters of Social Security coverage.
Haitian Orphan
  • I-94, Arrival/Departure Record, indicating person has humanitarian "parole" status admitted on after January 12, 2010
  • Immigrant visa indicating the person was lawfully admitted for permanent residence
  • *I-551, Permanent Resident Card, annotated with Status Code CH-6
  • eligible for TANF for the first five years after the legal date of entry; and
  • eligible for Medicaid (including Parents and Caretaker Relatives Medicaid) for the first seven years after the legal date of entry.

Notes:

  • Qualified aliens retain this eligibility even if they have adjusted to LPR status.
  • LPRs must have 40 qualifying quarters of Social Security coverage.
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
  • eligible for TANF for the first five years after the legal date of entry; and
  • eligible for Medicaid (including Parents and Caretaker Relatives Medicaid) for the first seven years after the legal date of entry.

Notes:

  • Qualified aliens retain this eligibility even if they have adjusted to LPR status.
  • LPRs must have 40 qualifying quarters of Social Security coverage.
Afghani or Iraqi Special Immigrant A passport with a stamp noting that the individual has been admitted under a special immigrant visa category IV with one of the following codes:
  • SI-1, SQ-1, SI-6 or SQ-6 for the principal applicant;
  • SI-2, SQ-2, SI-7 or SQ-7 for the spouse of the principal applicant;
  • SI-3, SQ-3, SI-9 or SQ-9 for the unmarried child under age 21 of the principal applicant; and a
  • DHS stamp or notation, on passport or I-94, showing date of entry.

For those special immigrants who are adjusting their status to LPR status in the U.S.:

*I-551 annotated with one of the following status codes:

  • SI-1, SQ-1, SI-6 or SQ-6 for the principal applicant,
  • SI-1, SQ-2, SI-7 or SQ-7 for the spouse of the principal applicant, or
  • SI-3, SQ-3, SI-9 or SQ-9 for the unmarried child under age 21 of the principal applicant.

These special immigrants also may demonstrate nationality with an Afghani or Iraqi passport.

Note: The entry date for an Afghani special immigrant must be Dec. 26, 2007, or later. An Iraqi special immigrant's entry date must be Jan. 26, 2008, or later.

  • eligible for TANF for the first five years after the legal date of entry; and
  • eligible for Medicaid (including Parents and Caretaker Relatives Medicaid) for the first seven years after the legal date of entry.

Notes:

  • Qualified aliens retain this eligibility even if they have adjusted to LPR status.
  • LPRs must have 40 qualifying quarters of Social Security coverage.
Victim of Severe Trafficking
  • Derivative T Visa annotated with T-1
  • Derivative T Visa annotated with T-2, T-3, T-4, or T-5 (family members of a 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.
  • *I-551 annotated with KIC – Kickapoo Indian Citizen
  • *I-551 annotated with KIP – Kickapoo Indian Pass
  • *I-551 annotated with S13 – American Indian born in Canada
  • 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
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.

*An I-551, Permanent Resident Card, does not always include the holder's signature. See A-355, Verifying Alien's USCIS Documents.

Note: Click on the federal regulatory language hyperlink for a list of the Indian tribes recognized by the United States Bureau of Indian Affairs.

 

Chart C

Staff should use the following chart to determine eligibility for all LPRs applying for TANF and adult LPRs applying for Medicaid who were admitted into the U.S. on or after August 22, 1996.

If the alien was admitted as a … and the USCIS document is a/an … then the alien is …
Legal Permanent Resident
  • I-151, Alien Registration Receipt Card – commonly referred to as Green Card
  • I-551, Resident Alien Card
  • *I-551, Permanent Resident Card

Notes:

  • Any status code that appears on the *I-551, Permanent Resident Card, is acceptable.
  • USCIS did not issue I-151s after 1978; therefore, any alien admitted after 1978 will have an *I-551.
  • If the LPR loses the *I-551, the LPR may present either an I-94 or a passport with the following annotation:

"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 LPR:

  • has become a naturalized citizen;
  • is an honorably discharged veteran or active duty military member;
  • is a spouse, unmarried surviving spouse or minor unmarried child of
    an honorably discharged veteran or active duty military member (Note:
    To qualify for TANF/MP as a surviving spouse of a deceased veteran or
    an active duty military member, the surviving spouse must not have
    remarried.);
  • entered the U.S. before Aug. 22, 1996, and remained continuously
    present in the U.S. since at least Aug. 21, 1996, until obtaining
    qualifying immigrant status and meets the 40 qualifiying quarters of Social
    Security coverage requirement. (Note: Aliens who entered the country
    without proper documents, as well as those who overstayed
    their visa, are treated the same as those who entered and remained in
    the country with valid immigration documents. Any single absence from
    the U.S. of more than 30 days or a combined absence of more than 90 days
    is considered to interrupt "continuous presence.");
  • Received SSI, Medicaid or both on Aug. 22, 1996, and lawfully resided
    in the U.S. on or before Aug. 22, 1996;
  • entered the U.S. with a status described in Chart B and meets those eligibility
    criteria, or meets the criteria in A-343, How to Determine Eligibility for Battered
    Aliens; or
  • meets the 40 qualifying quarters requirements in A-354, Verifying 40 "Qualifying Quarters," and five years have passed since the alien's legal date of entry.
Native American born in Canada who is entitled by treaty to reside in the U.S.
  • *I-551 annotated with KIC – Kickapoo Indian Citizen
  • *I-551 annotated with KIP – Kickapoo Indian Pass
  • *I-551 annotated with S13 – American Indian born in Canada
  • 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
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. See A-355, Verifying Alien's USCIS Documents.

Notes:

  • If the alien is ineligible for TANF or Medicaid because of citizenship or alien status, the advisor must determine the alien's eligibility for Emergency Medicaid.
  • Follow the hyperlink to federal regulatory language provides a list of the Indian tribes recognized by the United States Bureau of Indian Affairs.

 

Chart D

Medical Programs

Certain additional qualified immigrant and non-immigrant children ages 18 and under who are lawfully residing in the U.S. may qualify for Medicaid regardless of their date of entry.

Staff should 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 your policy clearance request procedures for questions about documents or immigration statuses not listed in this chart.

Exceptions:

  • Healthy Texas Women (HTW) recipients who turn age 19 during their certification period will continue to receive HTW until their next redetermination. Staff must 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
  • INA Section 212(d)(5) showing admission for less than one year – Parolee
  • INA Section 203(a)(7) – Conditional Entrant
  • CFA/RMI – Citizen of Republic of the Marshall Islands (RMI) due to the Compact of Free Association
  • CFA/FSM – Citizen of the Federated States of Micronesia (FSM)
  • CFA/PAL – Citizen of the Republic of Palau

Note: The Bureau of Customs and Border Protection (CBP) also notates the I-94 with the letters "D/S," which stands for "duration of status," meaning that the authorized length of stay is not limited.

I-797C, or USCIS referral notice, or hearing notice or order from an immigration judge 241(b)(3):
  • Convention Against Torture (CAT) – An alien who has been granted withholding of removal under CAT
  • Applicants for asylum or withholding of removal, including under CAT
  • Applicants for asylum or withholding of removal, including under
    CAT if under age 14 who has had an application pending for at least 180
    days
*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:

"Processed for I-551, Temporary Evidence of Lawful Admission for
Permanent Residence, valid until ______, Employment Authorized."
Any status code that appears on the *I-551 is acceptable.
I-766
  • CFA/RMI – Citizen of Republic of the Marshall Islands (RMI) due to the Compact of Free Association
  • CFA/FSM – Citizen of the Federated States of Micronesia (FSM)
  • CFA/PAL – Citizen of the Republic of Palau
Aliens who have been granted employment authorization under 8 CFR 274a.12:
  • (c)(9) or C9 – Applicant for adjustment to lawful permanent resident status
  • (c)(10) or C10 – Applicant for suspension of deportation or cancellation of removal
  • (c)(14) or C14 – Alien currently in deferred action status
  • (c)(16) or C16 – Applicant for registry (resided in U.S. since before Jan. 1, 1972)
  • (c)(18) or C18 – Under order of supervision
  • (c)(20) – Applicant for special agricultural worker legalization (INA 210)
  • (c)(22) – Applicant for legalization under INA 245A
  • (c)(24) – Applicant for adjustment under the LIFE Act Legalization Program
I-797
  • Alien currently in deferred action status
  • Action notice that identifies the alien as a self-petitioning battered alien
  • Special immigrant status under INA Section 101(a)(27)(J), the individual will also have Form I-360
Visa
  • A or G – FSM, RMI or Palauan diplomats
  • TPS – Individual under temporary protected status under INA Section 244
Academic student under INA 101(a)(15)(F):
  • F-1 - Academic student
  • F-2 - Spouse or children of F-1
Exchange visitor under INA 101(a)(15)(J)
  • J-1 - Exchange visitor
  • J-2 - Spouse or children of J-1
Fiancé or fiancée of U.S. citizen as permitted under INA Section 101(a)(15)(K):
  • K-1 – Fiancé or fiancée
  • K-2 – Child of K-1
  • K-3 – Spouse of U.S. citizen
  • K-4 – Child accompanying or following to join a K-3 alien

Vocational student under INA 101(a)(15)(M)

  • M-1 - Vocational student
  • M-2 - Spouse or children of M-1
Special immigrant under INA Section 101(a)(15)(N):
  • N-8 – Parent of alien classified SK-3 "Special Immigrant"
  • N-9 – Child of N-8, SK-1, SK-2 or SK-4, "Special Immigrant"
Religious worker under INA Section 101(a)(15)(R):
  • R-1 – Religious worker
  • R-2 – Spouse or children of R-1
Witness or informant as permitted under INA Section 101(a)(15)(S):
  • S-5 – Informant of criminal organization information
  • S-6 – Informant of terrorism information
Victim of severe trafficking as permitted under INA Section (a)(15)(T):
  • Derivative T Visa annotated with T-1
  • Derivative T Visa annotated with T-2, T-3, T-4 or T-5 (family members of a victim of severe trafficking)
Victims of certain crimes – Battered aliens under 101(a)(15)(U):
  • U-1 – Individuals who have suffered substantial physical or mental abuse as victims of criminal activity
  • U-2 – Spouse of U-1
  • U-3 – Child of U-1
  • U-4 – Parent of U-1, if U-1 is under age 21
  • U-5 – Unmarried, under age 18, sibling of U-1
Individuals with a petition pending for three years or more, as permitted under INA Section 101(a)(15)(V):
  • V-1 – Spouse of an LPR who is the principal beneficiary of a
    family-based petition (Form I-130) that was filed prior to December 21,
    2000, and has been pending for at least three years
  • V-2 – Child of an LPR who is the principal beneficiary of a
    family-based visa petition (Form I-130) that was filed prior to December
    21, 2000, and has been pending for at least three years
  • V-3 – Derivative child of V-1 or V-2
USCIS letter

An individual who is a spouse or child of a U.S. citizen, whosevisa 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 Individual 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. §1806(e)
USCIS document Individual 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. See A-355, Verifying Alien's USCIS Documents.

 

TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36

People eligible for emergency Medicaid are aliens residing in the U.S. who do not meet the citizenship requirements for TANF or Medical Programs. These people are non-immigrants, undocumented aliens and certain legal permanent resident aliens.

Advisors must not follow the SAVE verification procedures explained in A-355, Verifying Alien's USCIS Documents, for aliens certified on Emergency Medicaid.

Notes:

  • Individuals eligible for Emergency Medicaid must meet all other eligibility requirements.
  • A person must be caring for a deprived child who meets citizenship or alien status requirements in order to be eligible for TA 31 as a caretaker or second parent.

 

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
  1. Can the alien provide USCIS documentation* that identifies the alien as the self-petitioning spouse, ex-spouse or child of an abusive U.S. citizen or LPR?
Note: Once the alien has provided proof that
identifies him/her as a self-petitioning battered alien, the alien meets
the definition of a "qualified alien," as defined in A-311.1, Definition of Qualified Immigrant.
Go to Step 2. Stop — The alien is not eligible.
  1. Can the battered alien meet one of the following conditions? The alien:
    • is under age 18;
    • is the spouse or minor unmarried dependent child of a person who is
      an active duty military member or an honorably discharged veteran;
    • has resided in the U.S. for 5 years from the date that the petition for battered status was approved and issued (Note: This is not the same as residing in the U.S. for 5 years as a qualified alien as defined in A-311.1); or
    • meets the SNAP definition of disability in B-432, Definition of Disability (regardless of when the alien acquired a disability or entered the U.S.).
Go to Step 3. Stop — The alien is not eligible.
  1. Is the battered alien living with the spouse/parent or other family member who abused or battered the alien?
Stop — The alien is not eligible. Go to Step 4.
  1.  Did the alien:
  • enter the U.S. and acquire “qualified alien” status before Aug. 22, 1996;
  • reside in the U.S. before Aug. 22, 1996, adjust to “qualified alien” status on or after Aug. 22, 1996, and provide proof of continuous residence;
  • reside in the U.S. before Aug. 22, 1996, adjust to “qualified alien” status on or after Aug. 22, 1996, did not provide proof of continuous residence, but meets the five-year waiting period; or
  • enter the U.S. on or after Aug. 22, 1996, and meets the five-year waiting period?
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:

  • enter the U.S. and acquire “qualified alien” status before Aug, 22, 1996?
  • reside in the U.S. before Aug. 22, adjust to “qualified alien”status on or after Aug. 22, 1996, and provide proof of continuous residence;
  • reside in the U.S. before Aug.22, 1996, adjust to “qualified alien” status on or after Aug. 22, 1996, did not provide proof of continuous residence, but meets the five-year waiting period; or
  • enter the U.S. on or after Aug. 22, 1996 and meets the five-year waiting period?
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 18-4; Effective October 1, 2018

 

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. The definition of reasonable opportunity is the 95-day period a person is allowed to provide this verification.

At application and when adding a person during a redetermination or change, if the individual does not provide proof of citizenship or alien status and:

  • no other information is required to determine eligibility, the individual is certified for Medicaid if all other eligibility requirements are met, sent Form TF0001, Notice of Case Action, and is provided a period of reasonable opportunity.
  • other information is required to determine eligibility, the advisor must request verification of the other information in addition to citizenship or alien status prior to providing a period of reasonable opportunity. If the client returns the other information but not proof of citizenship or alien status, they are certified for Medicaid, sent Form TF0001, and provided a period of reasonable opportunity.

Form TF0001 informs the applicant that citizenship or alien status verification 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 regardless of whether they received a reasonable opportunity period previously.

The reasonable opportunity period may be triggered under the following conditions:

  • the individual is unable to provide a Social Security number (SSN) needed to electronically verify citizenship with the Social Security Administration (SSA);
  • there is an inconsistency between the data available from an electronic source and the individual’s declaration of citizenship or alien status; 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), the Texas Integrated Eligibility Redesign System (TIERS) will generate an alert that will create a task. The individual is denied if they have not provided citizenship or alien status verification. TIERS provides 30 days advance notice of adverse action to the household after informing them of the denial of ongoing benefits using Form TF0001, Notice of Case Action.

Related Policy

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,
  1. Select “Verified by SSA (SOLQ, WTPY, and HUB)” in the SSN verification drop-down menu.
  2. Select “Verified by SSA (SOLQ, WTPY, and HUB)” in the citizenship verification drop-down menu.
B

SSN is verified, there is no indication of death, and the allegation of citizenship is NOT consistent with SSA data,
  1. Select “Verified by SSA (SOLQ, WTPY, and HUB)” in the SSN verification drop-down menu.
  2. See the process for If unable to verify citizenship (Code B) below.
C

SSN is verified, there is indication of death, and the allegation of citizenship is consistent with SSA data,
  1. Select “Verified by SSA (SOLQ, WTPY, and HUB)” in the SSN verification drop-down menu.
  2. Treat the death information as a change using policy in B-600, Changes.
D

SSN is verified, there is indication of death, and the allegation of citizenship is NOT consistent with SSA data,
  1. Select “Verified by SSA (SOLQ, WTPY, and HUB)” in the SSN verification drop-down menu.
  2. Treat the death information as a change using policy in B-600.

 

If unable to
Advisors should attempt to verify citizenship using the Birth Verification System (BVS).
  1. 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 allowthe 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.
  2. 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 $1,260    

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.

    • Form SSA-3288, Social Security Administration Consent for Release of Information, must be signed by the:
      • LPR, if the LPR did not sign the application;
      • LPR's spouse, if the spouse did not sign the application; or
      • LPR's parent.
    • Form SSA-513, Request for Quarters of Coverage History Based On Relationship, is completed when the LPR, spouse and/or parent:
      • refuses to sign Form SSA-3288; or
      • cannot be located.

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:
  • LPR's full name, as it appears on the Social Security card;
  • LPR's date of birth; and
  • LPR's correct Social Security number.

If the household signed Form SSA-513, send the completed form to the following address:

Social Security Administration

P.O. Box 17750

Baltimore, MD 21235-0001

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:
  • has 40 quarters, the LPR is eligible.
  • does not have 40 quarters, the advisor sends Form TF0001, Notice of
    Case Action, to notify the household that the LPR is disqualified as an
    ineligible alien due to the lack of 40 allowable quarters of earnings.
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:
  • for six consecutive months beginning the month the LPR contacted SSA, or
  • less than six months if the LPR resolves the disagreement with SSA
    before the sixth month and the LPR does not have 40 allowable quarters
    of covered earnings.

Document this temporary eligibility period.

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 16-4; Effective October 1, 2016

 

All Programs except TA 31, TP 32, TP 33, TP 34, TP 35, and TP 36

Two methods exist for verifying the alien's USCIS documents:

  • Initial verification — an online inquiry process, SAVE; and
  • Institute additional verification — an online or manual process using USCIS Form G-845, Verification Request, and Form G-845 Supplement, Verification Request.

    Advisors must attempt to first verify the alien's USCIS documents during the interview, if applicable, using the initial verification process. If the initial process cannot verify the number, the SAVE response instructs staff to institute additional verification.

    Notes:

    • Do not re-verify the alien's documents if they were previously verified and documented and have not expired.
    • An I-551, Permanent Resident Card, does not always include the holder's signature and may say "Signature Waived" on the front and back of the card where a signature would normally be located. When this occurs, the individual meets an alien status criteria and must not be disqualified.
    If, at the interview, the individual does not provide his USCIS document and the document … then …
    is available, give the individual at least 10 days (or the 30th day after the
    file date, if later) to provide the information. Initiate initial
    verification when the household provides proof.

    If the household does not provide proof by the 30th day after the
    file date, disqualify the member with no proof and certify any remaining
    eligible members.

    SNAP

    Exception: If the 10-day period ends after the 30th
    day from the file date, certify the application by the 30th day.
    Include the alien with the pending information even if the verification
    has not been provided. If the household does not provide the information
    by the 10th day, take adverse action to disqualify the member with no
    proof.

    Related Policy

    Disqualified Members, A-1362

    is not available because the document is lost, instruct the alien to:
    • file for a duplicate card and I-94 at USCIS; and
    • bring the I-94 to the eligibility determination office.

    Give the individual at least 10 days (or the 30th day after the file date, if later) to provide the information.

    If the I-94 is provided, initiate initial verification.

    If the household does not provide proof by the 30th day after the file date, disqualify the member with no proof. Certify any remaining eligible members. See the exception above if the 10-day period ends
    after the 30th day.

    Related Policy

    Disqualified Members, A-1362



     

    A—355.1 SAVE Program's Verification Information System (VIS)

    Revision 15-4; Effective October 1, 2015

     

    All Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36

    The SAVE program's VIS is a web-based application that provides
    alien status information using the applicant’s immigrant 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.
    • Additional Verification Results — DHS Response, Expires On, Response Date, and DHS Comments.


     

    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:

    1. Open the VIS web site at https://save.uscis.gov/Web/vislogin.aspx?JS=YES.
    2. Enter your User ID and password.
    3. Select Initial Verification from the Case Administration menu.
    4. Enter the document type that the applicant provided.
    5. 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).
    1. Select Submit Initial Verification. The response appears in the Initial Verification Results section of the same page.
    2. 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.

    1. Review the results and select Print Case Details.
    2. 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:

    1. In the Initial Verification Results section, select Request Additional Verification. The Enter Additional Verification Data section appears.
    2. 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.
    3. 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.
    4. To view the status of the case, select View Cases from the Case Administration menu. The Case Search page appears.
    5. 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 How to Request Additional Verification – Manual Process

    Revision 16-3; Effective July 1, 2016

     

    All Programs except TA 31, TP 32, TP 33, TP 34, TP 35, and TP 36

    To request additional verification:

    • complete Form G-845, Verification Request and Form G-845 Supplement, Verification Request;
    • attach fully readable photocopies (front and back) of original immigration documents containing the immigrant’s registration number; and
    • mail one set of copies to the USCIS office (see the instructions to Form G-845 and Form G-845 Supplement). Submit a second set of copies for imaging.

    If the applicant's name changed since the immigrant registration card was issued, advisors attach a document that verifies the name change.

    If the alien is otherwise eligible, the advisor must not delay, deny, or reduce the household's benefits while waiting for a response from the USCIS.

    When the USCIS returns Form G-845 and Form G-845 Supplement, follow these procedures:

    If the response indicates that the alien's document is … then …
    valid, send Form G-845 and Form G-845 Supplement to be imaged.
    not valid and the EDG is certified,
    • take adverse action to disqualify the individual or deny the EDG, as appropriate
    • process a fraud referral; and
    • send Form G-845 and Form G-845 Supplement to be imaged.


     

    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 15-4; Effective October 1, 2015

     

    TANF and Medical Programs except TA 31, TP 32, TP 33, TP 34, TP 35 and TP 36

    USCIS maintains a record of arrivals to and departures from the country for most legal entrants. File Form G-845S,
    Document Verification Request, and Form G-845S Supplement with the
    USCIS to verify continuous presence in the U.S. 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 or a series of pay stubs, or utility bills
    in the alien's name and spanning the period of time in question. Note: The alien does not have to remain continuously present in the U.S after obtaining qualified immigrant status.



     

    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:
    • proof that at least one parent of the child is a U.S. citizen, by birth or naturalization;
    • proof that the child is under age 18;
    • proof that the child is residing in the U.S. in the legal and physical custody of the U.S. citizen parent;
    • I-551, Permanent Resident Card; and
    • I-551 with annotation of IR-3 or IR-4, if an adopted child.
    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.

    Related Policy

    The Texas Works Documentation Guide