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Eligibility Policy Manual

522.00 Non-Citizen Status

 

A. Requirement

A customer who is not a citizen of the United States must identify and/or provide proof of his or her immigration status with the Department of Homeland Security, United States Citizenship and Immigration Services (USCIS), formerly the Immigration and Naturalization Services (INS). 

A customer's non-citizen classification as defined in MS 522.01 may allow the customer to qualify for one of the AHCCCS Health Insurance programs listed below, or may limit eligibility to Emergency Services only.

 

B. Programs and Legal Authorities

This requirement applies to the following programs:

 

Program

Legal Authorities

 

 

ALTCS

• 8 USC 1611, 1612, 1613, and 1641

• 42 CFR 435.406

• ARS 36-2903.03

• AAC 9-28-404

 

 

Breast & Cervical Cancer Treatment Program (BCCTP)

• 8 USC 1611, 1612, 1613, and 1641

• 42 CFR 435.406

• ARS 36-2903.03

• AAC 9-22-2003

 

 

AHCCCS Freedom to Work (FTW)

• 8 USC 1611, 1612, 1613, and 1641

• 42 CFR 435.406

• ARS 36-2903.03

• AAC R9-22-1911; R9-28-1311

 

 

Medicare Cost Sharing

• 8 USC 1611, 1612, 1613, and 1641

• 42 CFR 435.406

• ARS 36-2903.03

• AAC R9-29-201

 

 

SSI-MAO

• 8 USC 1611, 1612, 1613, and 1641

• 42 CFR 435.406

• ARS 36-2903.03

• AAC 9-22-1502

 

  SSDI-TMC

• ARS 36-2930

• AAC R9-22-1609

 

 

C. Proof

The customer is required to provide a document showing his or her immigration status. This is usually a document issued by the USCIS or the former INS. MS 522.02 contains more information and samples of various documents. 

Generally, the authenticity of the customer's document and the customer's current status must also be validated by USCIS through the Systematic Alien Verification for Entitlement (SAVE) process. (MS 522.04).

 

D. Documentation

• Place a copy of a signed Statement of Lawful Resident Status (DE-141) and a copy of the USCIS document in the case file.

• Document any discrepancies in ACE Comments.

 

E. Related Forms/ Notices

The following forms or notices apply to this requirement:

 

Form/Notice

Purpose

 

 

Statement of Lawful Resident Status (DE-141)

To document the customer's declaration of non-citizen status.

 

 

Physician Statement of Incapacity (DE-217)

To prove that the customer is incapacitated so another individual can sign the Statement of Lawful Resident Status (DE-141).

 

 

Request for More Information-Immigration Status (DE-550)

To request verification needed to determine if a Lawful Permanent Resident, Parolee, or Battered Alien meets the requirements.

 

 

Document Verification Request form (G-845S)

To verify the customer's qualified alien status if needed.

 

 

F. System Instructions

Enter non-citizen information in ACE under the Identification menu in the Personal Data window on the Citizenship/Residency tab.

 

522.01 Definitions

 

A. Non-citizen

A non-citizen is an individual who is not a citizen of the U.S by birth, through U.S. citizen parents, or through naturalization. 

There are three groups of non-citizens (sometimes referred to as aliens):

• Undocumented Aliens

• Non-Qualified Aliens

• Qualified Aliens

 

B. Undocumented Alien

An undocumented alien is a person who is in the U.S. without the permission of the U.S. government, including a non-qualified alien who remained in the U.S. after the expiration date on the USCIS document. 

An undocumented alien does not meet the alien status requirement for full AHCCCS coverage, but may be determined eligible to receive emergency services (MS 302.03).

 

C. Non-Qualified Alien

A person who was admitted to the U.S. legally but not in one of the Qualified Alien classifications. These persons are admitted for a limited period of time and include but are not limited to foreign students, visitors for business or pleasure, and temporary workers. 

A Non-Qualified Alien does not meet the alien status requirement or the Arizona residency requirement for full AHCCCS coverage or emergency services.

 

D. Qualified Alien

A person admitted to the U.S. legally in a specific classification. Contrary to what the name implies, not all Qualified Aliens meet the alien status requirement for full AHCCCS coverage. 

To be eligible for AHCCCS Health Insurance, other than emergency services (MS 302.03), a person must be a Qualified Alien. 

The following are classifications of Qualified Aliens:

 

Classification

Description

Alien with Deportation Withheld or Removal Withheld

A non-citizen who was discovered to have entered the U.S. without permission, but has had deportation or removal withheld. Immigration law says they should leave the United States, however removal is withheld if the U.S. Attorney General rules that the alien would be threatened in that country because of the alien's race, religion, nationality, membership in a particular social group, or political opinion, and the alien is neither a criminal nor a danger to the U.S.

Amerasian Refugee

The adult child of an American father, who was born in Vietnam between 1962 and 1974. Spouses and children of Amerasian refugees are also classified as Amerasian refugees as are the mothers of Amerasian refugees who were admitted as children.

American Indian Born in Canada

An American Indian with at least 50% Indian ancestry born in Canada is considered a Qualified Alien for medical assistance eligibility. These individuals are given unrestricted right to pass the borders of the U.S. as the result of a treaty signed in 1794. An American Indian born in Canada may choose to become a Lawful Permanent Resident. This does not affect the status as an American Indian born in Canada.

Asylee

A non-citizen who is in the U.S. and is unable or unwilling to return to his own country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, and cannot go to a third country and who meets other requirements specified by the Immigration and Nationality Act. Children of asylees may also be admitted in this status.

Battered Alien

An alien who is a victim of battery by a family member who is a U.S. citizen or a Lawful Permanent Resident, or a dependent child of such an alien or an alien parent of a battered child. A battered alien must meet additional requirements (MS 522.03).

Conditional Entrant

An alien granted condition entry into the U.S. under an immigration law in effect before April 1, 1980.

Cuban-Haitian Entrant

A special immigration classification for individuals from Cuba or Haiti. Non-citizens under this status who have continuously resided in the U.S. since before January 1, 1982, and who were known to the USCIS before that date, may adjust to permanent residence under a provision of the Immigration Control and Reform Act of 1986.

Foreign Born Member of U. S. Indian Tribe

A member of a federally recognized U.S. Indian Tribe who does not claim U.S. citizenship. See MS 508.02.I for a list of federally recognized U.S. Indian Tribes in Arizona.

Iraqi and Afghan Special Immigrants

Effective December 26, 2007, Public Law 110-161, "The Consolidated Appropriations Act of 2008," granted Iraqi and Afghani aliens special immigrant status under section 101(a)(27) of the Immigration and Nationality Act (INA).

Individuals and their family members granted this special immigrant status are eligible for Medicaid and KidsCare the same as refugees, except that the time period for receiving services is limited as follows:

  • Effective December 26, 2007, Afghan Special Immigrants are eligible for services for six months after the date the person entered the U.S. (not from the date of application).
  • Effective January 28, 2008, Iraqi Special Immigrants are eligible for services for eight months after the date the person entered the U.S. (not from the date of application).

(See MS 522.02.E for proof documents verifying Iraqi and Afghan Special Immigrant status.)

At the end of the six month (for Afghan Special Immigrants) or the eight month (for Iraqi Special Immigrants) time period, the individual is no longer eligible for full services. Therefore, set an alert to send an advance notice to close the case the end of the sixth month or eight month, whichever is applicable.

After the six-or eight-month period has ended, these immigrants revert to the status of Lawful Permanent Residents (LPR). They are then subject to the five year waiting period (MS 522.03.B) for services other than Federal Emergency Services.

Afghan Special Immigrants who arrived before December 26, 2007, or Iraqi Special Immigrants who arrived before January 28, 2008, may apply for services, but their period of eligibility is based on their arrival date. There is no provision to provide benefits or services between the date of entry into the U.S. and the effective dates above provided by law or the actual date of application for benefits or services.

Examples of eligibility periods:

Date of Entry Date of Application for Medicaid Eligibility Period for Medicaid
For Afghani For Iraqi

October 2, 2007

For Afghani - 6 months from date of entry is October 2 through March 31

For Iraqi - 8 months from date of entry is October 2 through May 31

January 7, 2008 January 1, 2008, through March 31, 2008 January 1, 2008, through May 31, 2008

July 5, 2007

For Afghani - 6 months from date of entry is July 5 through December 31

For Iraqi - 8 months from date of entry is July 5 through February 29

February 4, 2008 No eligibility for Medicaid February 1, 2008, through February 29, 2008

Hmong or Laotian Highlander

Members of a mountain tribe from southeast Asia who assisted the U.S. during the Vietnam conflict, or their dependents, are considered Qualified Aliens for medical assistance eligibility.

Lawful Permanent Resident (LPR)

A non-citizen who has been legally given the privilege of residing permanently in the U.S. as an immigrant. A Lawful Permanent Resident must meet additional requirements (MS 522.03). 

NOTE: Individuals born outside the U.S. who have been adopted may have documents indicating Lawful Permanent Resident status. If the Initial SAVE response indicates that a full and final adoption has occurred, explore citizenship through a U.S. parent. (MS 508.01.C)

SPONSOR DEEMING: Sponsor deeming policy applies to a customer who became a Lawful Permanent Resident on or after 12/19/97. Some of the sponsor's income (MS 609.02) and resources for ALTCS (MS 703.09) may be deemed available to the customer in determining the customer's financial eligibility.

Parolee for at Least One Year

An alien granted parole status under the Immigration and Nationality Act. Parolees for less than one year are not Qualified Aliens. A Parolee must meet additional requirements (MS 522.03)

Refugee

A non-citizen who is unable or unwilling to return to his or her own country, or wants to leave that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, and who meets other requirements specified by the Immigration and Nationality Act. Spouses and minor children of refugees are also admitted in this status.

Victims of Trafficking

Individuals forcibly involved in sex for commercial purposes, or subjects of involuntary servitude, peonage, debt bondage or slavery. This group of customers is eligible for benefits under the Victims of Trafficking and Violence Protection Act of 2000 (VTVPA). Their authority to remain in the United States is not governed by the USCIS, but by the Office of Refugee Resettlement (an agency of the U.S. Department of Health and Human Services) and the Attorney General of the United States.

Individuals in this group are eligible for Medicaid benefits no earlier than the eligibility date specified in their certification letters issued by the Office of Refugee Resettlement. 

These individuals are different from others in that their authority to remain in the United States is not under the jurisdiction of the USCIS. Therefore::

• Do NOT request or require USCIS documentation of immigration status (they have none);

• Do NOT process a SAVE referral; and

• Do NOT require a Statement of Lawful Resident Status (DE-141) form.

 

522.02 Proof

 

A. Proof

Non-citizens who meet the eligibility requirements must present a USCIS document verifying their status. However, there are many non-citizens who do not have USCIS documents or have documents but do not meet the alien status requirements for full AHCCCS coverage.

 

B. Declaration of Non-Citizen Status

Obtain the appropriate signature on the Statement of Lawful Resident Status (DE-141).

 

If the customer is. . .

Obtain the signature of. . .

 

An adult

  • The customer, or

  • The customer's spouse, or

  • The legal representative, or

  • For KidsCare, other unmarried parent of a child in common (if the child is also applying), or

  • Another adult (if a Physician Statement of Incapacity, DE-217, has been obtained).

 

A child

The parent or legal representative.

 

C. Requesting Proof

Request a copy of the original, unexpired USCIS document. This is usually an ID card, but is sometimes a letter or other paper. Only original, unexpired documents are acceptable for verification of non-citizen status. 

You must have a photocopy of the original document in the case file. The photocopy must be actual-size, include both sides (front and back) and be readable. It must be a photocopy of the document, not a copy of a copy. When copying foreign passports for verification, copy the page with the BCIS or INS stamp and the pages with the applicant's picture and information about the issuance of the passport. Usually, these items are inside the front cover. If you are using a passport for verification of continuous residence, copy all stamps beginning with the last stamp before August 22, 1996 until the date Qualified Alien status was granted. 

Use the guidelines below when an applicant is unable to provide you with the required USCIS document:

 

Cannot provide a document because it is lost, stolen, expired, etc.

Tell the applicant you need proof of USCIS status and request that the person go to the USCIS and apply for a new document. The USCIS will give the applicant a temporary card.  

NOTE: The USCIS requires the person to apply for documents in person. The USCIS will waive the fee for indigent individuals.

 

• Cannot provide a document because it is lost, stolen, or expired and

• The applicant is hospitalized (does not apply to hospitalized children when parents apply for them.)

• Obtain verification of medical inability to go to the USCIS in person (the member's statement is acceptable);

• Make a copy of the expired document or obtain an alien registration number;

• Obtain verification of identity (do not accept a member's statement as verification of identity);

• Do not request Initial SAVE;

• Complete the G-845S:

• Attach a copy of the expired document to the G-845S.

• If the document is missing and the customer can provide the Alien Registration number, indicate the number and information explaining why the document is missing (on the G-845S); and

• Send the G-845S, and additional document to the USCIS.

 

Is a lawful Permanent Resident, Parolee or battered Alien who

• Has not been a qualified alien for at least five years, or

• Did not previously enter in a qualifying status that does not require the five-year waiting period for full AHCCCS Medical Benefits.

• Check the Initial SAVE response to determine if the status code indicates full and final adoption of the customer. If so, explore citizenship through a U.S. citizen parent (MS 508.01.C) 

• Ask the customer for information about a military connection as described in MS 522.02.E. or proof of entry in the U.S. before August 22, 1996.

 

D. Documents That Prove Qualified Alien Status

The documents listed below verify a non-citizen's qualified alien status. 

When the customer provides one of the acceptable documents listed below, use the Systematic Alien Verification for Entitlements (SAVE) system to:

• Verify the authenticity of the document; and

• Verify the customer's non-citizen's status. 

 

MS 522.04.contains additional information about SAVE verification.

 

TYPE
DESCRIPTION

Permanent Resident Card, I-551

Verifies Lawful Permanent Resident Status

The USCIS issues the I-551 to individuals who have obtained Lawful Permanent Resident (LPR) status. It has gone through several modifications throughout the years. This card may still be commonly referred to as a "green card" because of its original color. All I-551s are valid if unexpired. 

The newer version of the I-551 is titled "Permanent Resident Card". The back of the card has a barcode and information to be read electronically. The front of the card includes:

• The entry date, which may be the date of entry, the date the card was issued, or the date the non-citizen became a Lawful Permanent Resident, in the area labeled "Resident since"; and

• The expiration date; and

• The status code in the area labeled "category".

 

Resident Alien Card, I-551

May Verify Lawful Permanent Resident Status

The older version of the "Permanent Resident Card" card is called the "Resident Alien" card and was issued to Lawful Permanent Residents. This card is valid if unexpired. 

The card includes:

• The date the card was issued on the back, which may be the date of entry, the date the card was issued, or the date the non-citizen became a Lawful Permanent Resident. Some cards have a date labeled "Temp Res. Adj Date" on the back. This date may be used as the date of entry;

• The status code; and

• May or may not have an expiration date. An expired card does not verify status unless the case file already includes a copy of the card and a record of SAVE verification from before the expiration date. Otherwise if you receive an expired card as verification of Lawful Permanent Resident status, tell the person to contact the USCIS at 1-800-870-3676 to obtain an application for a new card. Applications must be filed in person, and the USCIS will waive the fee for indigent applicants.

 

 

 

Alien Registration Receipt Card, I-151

May Verify Lawful Permanent Resident Status

USCIS issued this card to Lawful Permanent Residents before 1979. The card expired in March 1996. If the previous case file includes record of SAVE verification, this card verifies Lawful Permanent Resident status. Otherwise, if you receive this card as verification of Lawful Permanent Resident status, tell the person to contact the USCIS at 1-800-870-3676 to obtain an application for a new card. Applications must be filed in person, and the USCIS will waive the fee for indigent applicants.

 

Departure Record, I-94

May Verify Any Status

The USCIS issues the I-94 as an Arrival/Departure record at an authorized port of entry into the United States. The I-94 identifies many classifications of non-citizens. The I-94 endorsement may be affixed to a page of a foreign passport. The stamped or hand-written endorsement identifies the classification.

The classification may be a Qualified Alien status:

• Refugee status if entered as refugee under section 207 of the INA, or entered as an Amerasian refugee;

• Asylee status if granted asylum under section 208 of the INA;

• Parolee status if granted parole under §212(d)(5) of the INA

• Cuban-Haitian status if entered as a "Cuban/Haitian Entrant" Under 212(d)(5);

• Conditional Entrant if admitted under §203(a)(7);

• Lawful Permanent Resident temporary evidence if "Processed for I-551". The I-94 may also be issued to a Lawful Permanent Resident already granted LPR status while waiting for a replacement of a lost or stolen I-551 card.

 

The classification may be a Non-Qualified Alien status:

• Non-immigrant status for individuals who legally entered the U.S. under a letter code from A through M. This could include students, temporary workers, and visitors for pleasure or business. Refer to Section 501.B for potential emergency services coverage.

 

Generally, the alien registration number (A#) is on the back side of the I-94 form. The date of entry and expiration date appear on the front. USCIS records any extensions beyond the original expiration date on the back of the form.

 

Employment Authorization Card, I-688B

May verify any status

The USCIS issues the "Employment Authorization Card" to aliens who are not permanent residents but have been granted permission to be employed in the U.S. for a specific period of time. Several modifications of the I-688B have been made to the card over the years. 

The expiration date appears on the front of the card along with a "provision of law" code that identifies the person's immigration status. The I-688B identifies:

• Refugee, if Provision of Law code is "274a.12(a)(3)";

• Asylee, if Provision of Law code is "274a.12(a)(5)";

• Alien who has had deportation withheld, if Provision of Law code is "274a.12(a)(10)";

• Conditional Entrant, if Provision of Law code is "274a.12(a)(3); and

• Parolee, if Provision of Law code is "274a.12(a)(4)"

 

Other aliens may have this card but they are not qualified aliens.

 

Employment Authorization Card, I-766

May Verify Any Status

The USCIS issues the newest form of "Employment Authorization Card" to non-citizens who are not permanent residents but have been granted permission to be employed in the U.S. for a specific period of time. The newest version of the card is a credit card type of document. The front of the card contains a photo, fingerprint and signature of the holder. The reverse contains a standard barcode. 

The expiration date is located on the front of the card. The "category" code, which is a letter and number, replaces the "provision of law" code previously used on the older I-688 and I-688B. The category code identifies the person's immigration status. The I-766 identifies:

• Refugee, if annotated "A3";

• Asylee, if annotated "A5";

• Alien who has had deportation withheld, if annotated "A10";

• Conditional Entrant, if annotated "A3"; and

• Parolee, if annotated "A4"

 

Other aliens may have this card but they are not qualified aliens.

Foreign Passport

May Verify Any Status

A foreign passport may identify:

• Lawful Permanent Resident, if stamped "Processed for I-551. Temporary Evidence of Lawful Admission for Permanent Residence Valid Until (date)"; the date of entry is not on this stamp.

• Refugee, if stamped "Admitted as a Refugee Pursuant to Section 207 of the INA";

• Asylee, if stamped "Granted Asylum under Section 208 of the INA";

• Cuban-Haitian entrant, if endorsed "Cuban/Haitian Entrant Under 212(d)(5) of the INA"; and

• Parolee, if endorsed to show grant of parole under 212(d)(5) of the INA

 

When using a passport for verification, copy the cover, the inside front pages that identify the alien and the page that has the appropriate stamp. For a lawful permanent resident, when date of entry is an issue, other stamps may help verify continuous residence in the U.S. 

Other aliens may have a passport but are not qualified aliens.

Parole Notice

Verifies Parolee Status

The USCIS issues the Parole Notice to individuals granted parole. To be a qualified alien a parolee must be granted parole for at least 1 year under 212(d)(5) of the INA and the document must not be expired.

 

Temporary Resident Card, I-688

USCIS issued the "Temporary Resident" card as the second document received by aliens who continued to qualify under the "Amnesty Program" of the Immigration Reform and Control Act of 1986. 

When a temporary resident became a permanent resident, the USCIS placed a large sticker on the back of the card explaining the change of status to lawful permanent resident. Without this sticker, a holder of this card is eligible for Emergency Services only.

 

Victim of Trafficking Certification Letter or Eligibility Letter

Verifies Victims of Trafficking Status

The Office of Refugee Resettlement (ORR) provides victims of trafficking with a "Certification Letter" if 18 or over or an "Eligibility Letter" if under 18. 

• Accept the ORR letter in place of BCIS documentation.

• Call the ORR trafficking verification line (202-401-5510) to confirm the validity of the letter and to notify ORR that the individual has applied for benefits.

• Make a photocopy of the letter and place it in the case file.

• Instruct the individual to apply for a Social Security Number (SSN) if not already obtained. Assist the customer, if necessary, in obtaining a number.

• Do NOT delay, deny or discontinue benefits for not having a SSN. If for some reason, an SSN cannot be obtained, refer to Central Office making sure to provide complete details and attach all documents related to the circumstances.

• At each renewal of eligibility, call the ORR trafficking verification line (202-401-5510) to verify that the customer continues to be certified as a victim of trafficking to remain eligible for AHCCCS benefits under this group.

 

E. Documents That Prove Iraqi and Afghan Special Immigrant Status

The documents listed below verify both status and date of entry for Iraqi and Afghan Special Immigrants.

When the customer provides one of the acceptable documents listed below, use the Systematic Alien Verification for Entitlements (SAVE) system to:

  • Verify the authenticity of the document; and
  • Verify the customer's non-citizen's status.

MS 522.04.contains additional information about SAVE verification.

 

 

Applicant Documentation

 

Principal Applicant Iraqi or Afghan Special Immigrant

DHS Form I-551 ("green card") showing Iraqi or Afghan nationality (or Iraqi or Afghan passport), with an IV (Immigrant Visa) code of SI6

OR

Iraqi or Afghan passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI1

AND

DHS stamp or notation on passport or I-94 showing date of entry

 

Spouse of Principal Applicant Iraqi or Afghan Special Immigrant

Iraqi or Afghan passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI2

AND

DHS stamp or notation on passport or I-94 showing date of entry

 

Unmarried Child Under 21 Years of Age of Iraqi or Afghan Special Immigrant

Iraqi or Afghan passport with an immigrant visa stamp noting that the individual has been admitted under IV (Immigrant Visa) Category SI3

AND

DHS stamp or notation on passport or I-94 showing date of entry

 

Principal Adjusting Status in the U.S.

DHS Form I-551 ("green card") showing Iraqi or Afghan nationality (or Iraqi or Afghan passport), with an IV (Immigrant Visa) code of SI6

  Spouse of Principal Applicant Iraqi or Afghan Special Immigrant in P6 Category DHS Form I-551 ("green card") showing Iraqi or Afghan nationality (or Iraqi or Afghan passport), with an IV (Immigrant Visa) code of SI7
  Unmarried Child Under 21 Years of Age of Iraqi or Afghan Special Immigrant in P6 Category DHS Form I-551 ("green card") showing Iraqi or Afghan Nationality (or Iraqi or Afghan passport), with an IV ("immigrant visa") code of SI9

 

F. Documents of Non-Qualified Aliens

There are many non-citizens who have USCIS documents but who are not qualified aliens. These individuals are not eligible for AHCCCS Health Insurance. Listed below are some types of documents that verify that a non-citizen is a non-qualified alien.

TYPE
DESCRIPTION
I-185, Canadian Border Crossing Card

 

I-586, Mexican Border Crossing Card
 

DSP-150, Mexican Border Crossing Card
 

I-688A, Employment Authorization Card
 

Others, Not Pictured

• SW-444, Mexican Border Visitor's Permit;

• I-95a, Crewmen's Landing Permit;

• I-184, Alien Crewman Landing Permit and ID Card;

• Student Visa; and

• I-94, Arrival-Departure Record annotated with a letter from A through M.

 

522.03 Additional Information for Lawful Permanent Residents, Parolees, and Battered Aliens

 

A. Additional Requirements

To be eligible for medical assistance, other than emergency services, a Lawful Permanent Resident, Parolee, or Battered Alien must meet at least one of the additional requirements listed in B through E of this section.

 

B. Qualified Alien for Five Years

The Lawful Permanent Resident, Parolee, or Battered alien may be eligible for medical assistance if the individual has been a qualified alien for at least five years. Qualified Aliens who are otherwise eligible are eligible for AHCCCS coverage for the entire month their 5-year ban ends.

 

C. Previous Entry Under Different Status

The Lawful Permanent Resident, Parolee, or Battered alien may be eligible for medical assistance if the individual entered the U.S. under one of the following qualified alien status:

 

If the prior qualified alien status is. . .

Then the status code on the I-551 is. . .

 

 

Refugee or Amerasian Refugee

RE-6, RE-7, RE-8, RE-9, AM-1, AM-2, or AM-3.

 

 

Asylee

AS-6, AS-7, or AS-8.

 

 

Cuban-Haitian entrant

CU-6, CU-7, or CH-6.

 

 

American Indian born in Canada

S13, or may provide verification that the applicant is an American Indian born in Canada.

 

 

Deportation Withheld/Removal Withheld

None. The applicant will need to present verification of the withholding of deportation or removal in addition to the I-551 card.

 

 

D. Entry Before 8/22/1996

The Lawful Permanent Resident, Parolee, or Battered alien may be eligible for medical assistance if the individual entered the U.S. before August 22, 1996 and remained in the U.S. continuously until becoming a qualified alien. The person must provide:

• Proof of residence in the U.S. before August 22, 1996. A USCIS document is acceptable, but not required;

• Proof of continuous residence (documents such as school, work, medical, or rental records, or collateral contacts may be used). Continuous residence means no absences of longer than 30 days and a total of all absences not greater than 90 days; and

• A written declaration by the non-citizen or representative that includes the date the non-citizen entered the U.S. and all absences from the U.S. after that date until the date Qualified Alien status was received.

 

To request this additional information, see section F below.

 

E. Military Related

The Lawful Permanent Resident, Parolee, or Battered Alien may be eligible for medical assistance if the individual is:

• A member of the U.S. Armed Forms on active duty;

• An honorably discharged veteran of the U.S. Armed Forces;

• The spouse or dependent child of a member or honorably discharged veteran of the U.S. Armed Forces; or

• The widow or surviving dependent child of a member or honorably discharged veteran of the U.S. Armed Forces.

 

A dependent child must be under 18 or may be 18-21 if a full time student declared as a dependent on the parent's tax return. 

The person must provide proof of:

• Active duty in the U.S. Armed forces or honorable discharge (not based on alien status (e.g., VA form DD-214);

• Marriage, if the spouse is the applicant;

• Relationship and age, if the child is the applicant; and

• Student status and dependency (the applicant must provide a copy of the parent's tax return).

 

To request this additional information, see section F below.

 

F. Verification

If the Lawful Permanent Resident, Parolee, or Battered Alien has not been a qualified alien for at least five years, or you cannot verify previous entry in another qualified alien status by the individual's card or through SAVE VIS (MS 522.04), provide the customer or representative with the Request for More Information-Immigration Status (DE-550) form to request verification needed to determine if the customer meets the requirements of D or E above.

 

522.04 Verifying the Validity of the USCIS Document Through SAVE

 

A. Overview

When an acceptable document listed in MS 522.02 is provided to verify the applicant's qualified alien status, verify the authenticity of the document and the non-citizen's status through the Systematic Alien Verification for Entitlements (SAVE) program. Alien status is obtained through the SAVE Program's Verification Information System (VIS). VIS is the computer system used to verify alien status for the SAVE program. The SAVE VIS verification of a document does not specifically indicate whether the applicant meets the requirements for medical assistance. 

The SAVE Program's VIS has two parts, which are both automated:

• Initial Verification Request; and

• Additional Verification Request.

 

NOTE:  If there is not a satisfactory response to the additional verification request but there are documents that could help USCIS search for additional information, send a G-845S to USCIS so that the USCIS status verifiers can make a resolution using the information provided with the G-845S. See How to Complete the SAVE Additional Verification Request for additional information regarding the G-845S.

 

B. When to Verify Through SAVE

Complete SAVE Verifications:

• At the time of application;

• If there is a change in the non-citizen's status;

• If the previously verified documents have expired and/or have been replaced (except for Lawful Permanent Residents); and

• At the time of renewal, if the non-citizen's status changed or a copy of the verification and the qualified alien documentation are not in the case file.

 

Do not complete SAVE verifications of non-citizens whose documentation does not meet the qualifications for eligibility or whose status permits Emergency Services only.

 

C. Exception

Do not complete a SAVE verification for qualified aliens who do not have A numbers issued by the USCIS. These are:

• Foreign born m