Texas Health and Human Services Commission
Texas Works Handbook
Revision: 14-3
Effective: July 1, 2014

Part A — Section 300

Citizenship

A—310  General Policy

Revision 13-2; Effective April 1, 2013

All Programs

U.S. citizens and certain legally-admitted alien residents are eligible for benefits if they meet all other eligibility criteria.

A person born in the 50 states, District of Columbia, Puerto Rico, Guam, the U.S. Virgin Islands, America Samoa, Swain's Island or Northern Marianna Islands is considered a U.S. citizen.

A person born abroad to at least one U.S. citizen parent may claim derivative citizenship. See How to Verify Citizenship, A-351.4.

Exception: Undocumented aliens applying for Emergency Medicaid do not have to meet citizenship status eligibility requirements.

A—311  Alien Status Policies

Revision 13-2; Effective April 1, 2013

All Programs

Before certifying any alien resident, ensure 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.

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. Check USCIS documents for expiration dates. An expired document is not acceptable. Disqualify aliens who do not have acceptable 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. Do not disqualify these individuals.

Note: See A-342, TANF and Medical Programs Alien Status Eligibility Charts, for Emergency Medicaid eligibility for aliens who do not have acceptable status.

See the Refugee Medical Assistance (RMA) section in Part R of the Texas Works Handbook for information on refugees.

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 13-2; Effective April 1, 2013

TANF and SNAP

An illegal alien is one who has received a final deportation order. 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 Systematic Alien Verifications for Entitlements (SAVE) Verification Information System (VIS), you 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, 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 13-2; Effective April 1, 2013

All Programs

Disqualify a household member from the certified group if the member does not have or refuses to provide proof of alien status. Certify the remaining members of the group 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, consider the child ineligible rather than disqualified.

Medical Programs

Include a household member in the budget group even if the member does not have proof of alien status. See Budget Groups, A-241.1.

A—314  Reverification of Alien Status Due to a USCIS Document's Expiration Date

Revision 13-2; Effective April 1, 2013

All Programs except Emergency Medicaid

Reverify the alien's USCIS card if the:

  • USCIS document has expired, and
  • alien wants to continue receiving or reapplies for benefits.

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, disqualify the alien 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. Do not disqualify these individuals.

TANF and Medical Programs except Emergency Medicaid

When a certified alien's USCIS document expires before the periodic review date, schedule a special review the month the document expires.

SNAP

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, do 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. Assume the household will renew the document upon expiration and reevaluate at the next certification.

A—315  Definition of Public Charge

Revision 13-2; Effective April 1, 2013

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 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 12-3; Effective July 1, 2012

All Programs

TANF

If an immigrant inquires, 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 immigrant status.

Exception: According to the U.S. Citizenship and Immigration Services (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 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, assure the individual that receipt of 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 04-5; Effective July 1, 2004

All Programs

There are other public assistance programs that immigrants may apply for that do not result in public charge considerations. They are 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 13-2; Effective April 1, 2013

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 Dec. 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 can provide enough financial support to the immigrant so that the individual does not rely on public benefits.

If necessary, use the SAVE system to verify if a 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 14-1; Effective January 1, 2014

All Programs

For cases involving aliens and their sponsors, the alien is responsible for obtaining all verification from the sponsor and sponsor's spouse.

The income and resources of an alien's sponsor (and the sponsor's spouse) who have signed an affidavit of support (USCIS Form I-864) are required to 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 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 receiving benefits or those considered non-members, such as students who do not meet SNAP student eligibility criteria);
  • battered spouses or children;
  • refugees, parolees, asylees, persons granted withholding of deportation, Amerasians, trafficking victims, and Iraqi and Afghan Special Immigrants (SIV);
  • aliens whose sponsor has not signed an affidavit of support;
  • sponsor in the same household; and
  • indigent aliens.

TANF and Medical Programs

If the sponsored alien fails to provide sponsor verification by the required date in B-115, Pending Verification on Applications, deny the alien's application.

SNAP

If the sponsored alien fails to provide sponsor verification by the required date in B-115, disqualify the sponsored alien until the alien provides the verification. If eligible, remaining household members may participate while the alien is disqualified. If the disqualified alien later provides the verification, process it as a reported change. Deny the Eligibility Determination Group (EDG) if the household fails to provide verification 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 13-2; Effective April 1, 2013

All Programs except Emergency Medicaid

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 13-2; Effective April 1, 2013

All Programs except Emergency Medicaid

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 13-2; Effective April 1, 2013

All Programs except Emergency Medicaid

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 the age of 18 is eligible.

Related Policy
Verification of a Spouse, Minor Unmarried Dependent Child, A-353.3

A—324  Unmarried Surviving Spouse of a Deceased Veteran or Active Duty Military Member

Revision 13-2; Effective April 1, 2013

All Programs except Emergency Medicaid

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, Minor Unmarried Dependent Child, 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 Quarters

Revision 13-2; Effective April 1, 2013

TANF and Medical Programs except Emergency Medicaid

LPRs meet the alien eligibility requirement by having 40 countable qualifying quarters of earnings, 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. before Aug. 22, 1996, and remained continuously present in the U.S. since at least Aug. 21, 1996, until obtaining qualified immigrant status. 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."
  • 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.
  • 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;
  • 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 Disabled (regardless of when the alien became disabled 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

Revision13-2; Effective April 1, 2013

All Programs except Emergency Medicaid

For purposes of establishing eligibility through the use of the 40 "qualifying quarters" requirement, credit LPRs 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 18. This includes adoptive parents or stepparents.

Note: Count all of the quarters earned by the LPR's parents through the quarter the LPR turns age 18.

When determining whether to credit the quarters to an individual's spouse, 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.

Do not count quarters earned by divorced spouses for either ex-spouses. 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 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 13-2; Effective April 1, 2013

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. Refer to Part R, Refugee Medical Assistance (RMA), for information on refugees.

A—341  SNAP Alien Status Eligibility Charts

Revision 13-2; Effective April 1, 2013

Chart A

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.

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-688-B Employment Authorization Document, annotated with INA Section 274a.12(a)(3)
  • 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-688-B Employment Authorization Document, annotated with INA Section 274a.12(a)(5)
  • I-766, Employment Authorization Document, annotated with Code A5
  • USCIS letter from Asylum office
  • order from an immigration judge granting asylum
Deportation Withheld
  • I-94 Arrival/Departure Record, annotated with INA Section 243(h) or 241(b)(3)
  • I-688-B Employment Authorization Document, annotated with INA Section 274a.12(a)(10)
  • I-766, Employment Authorization Document, annotated with Code A 10
  • 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.
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/Haitan 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-688-B Employment Authorization Document, annotated with INA Section 274a.12(c)(8)
  • I-766, Employment Authorization Document, annotated with Code C8
  • Receipt from INS Asylum Office indicating filing of Form I-589, Application for asylum
Haitian Orphan
  • I-94 Arrival/Departure Record, indicating person has humanitarian "parole" status admitted after 1/12/2010,
  • immigrant visa indicating the person was lawfully admitted for permanent residence
  • I-551 Permanent Resident Card, annotated with Status Code CH-6
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
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)
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.

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

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-688-B Employment Authorization Document, annotated with INA Section 274a.12(a)(4), 274a.12(c)(11)
  • 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 Disabled, (regardless of when the alien became disabled 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-688-B Employment Authorization Document, annotated with INA Section 274a.12(a)(3)
  • I-766 Employment Authorization Document, annotated with A3

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; or
  • 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 became disabled 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;
  • 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.

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 or Mexico who is entitled by treaty to reside in the U.S.

I-551 Permanent Resident card, annotated with:

  • KIC – Kickapoo Indian Citizen
  • KIP – Kickapoo Indian Pass
  • S13 – American Indian born in Canada
  • A letter or other tribal document certifying at least 50% American Indian blood, as required by INA Section 289, combined with a birth certificate or other satisfactory evidence of birth in Canada or Mexico
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.

A—342  TANF and Medical Programs Alien Status Eligibility Charts

Revision 14-2; Effective April 1, 2014

Chart A

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 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-688-B Employment Authorization Document, annotated with INA Section 274a.12(a)(3)
  • I-766, Employment Authorization Document, annotated with Code A-3

eligible.

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-688-B Employment Authorization Document, annotated with INA Section 274a.12(a)(5)
  • I-766, Employment Authorization Document, annotated with Code A5
  • USICS Asylum Office letter
  • order from an immigration judge granting asylum
Deportation Withheld
  • I-94 Arrival/Departure Record, annotated with INA Section 243(h) or 241(b)(3)
  • I-688-B Employment Authorization Document, annotated with INA Section 274a.12(a)(10)
  • 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.
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/Haitan 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
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
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
Parolee
  • I-94 Arrival/Departure Record, annotated with October Section 212(d)(5) showing admission for at least one year

Note: This does not include Cuban/Haitian entrants.

Conditional Entrant
  • I-94 Arrival/Departure Record, annotated with INA Section 203(a)(7)
  • I-688-B Employment Authorization Document, annotated with INA Section 274a.12(a)(3)
  • I-766 Employment Authorization Document, annotated with Status Code A-3
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
Native American born in Canada or Mexico 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% American Indian blood, as required by INA Section 289, combined with a birth certificate or other satisfactory evidence of birth in Canada or Mexico.

Chart B

Use the following chart to determine eligibility for TANF and Medicaid for qualified aliens admitted into the U.S. on or after Aug. 22, 1996.

If the qualified alien was admitted as a/an and the USCIS document provided is … 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-688-B Employment Authorization Document, annotated with INA Section 274a.12(a)(3)
  • 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 TANF-Level Families) for the first seven years after the legal date of entry. Exception: Amerasians are eligible for the first five years after the legal date of entry.

Note: Refugees retain this eligibility even if they have adjusted to LPR status.

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-688-B Employment Authorization Document, annotated with INA Section 274a. 12(a)(5)
  • I-766, Employment Authorization, document with Code A-5
  • USCIS letter from Asylum office
  • order from an immigration judge granting asylum
Deportation Withheld
  • I-94 Arrival/Departure Record, annotated with INA Section 243(h) or Section 241(h)(3)
  • I-688-B Employment Authorization Document, annotated with INA Section 274a.12(a)(10)
  • 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.
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
Haitian Orphan
  • I-94 Arrival/Departure Record, indicating person has humanitarian "parole" status admitted on after 1/12/2010
  • immigrant visa indicating the person was lawfully admitted for permanent residence
  • I-551 Permanent Resident card, annotated with Status Code CH-6
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

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)
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.

Native American born in Canada or Mexico 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% American Indian blood, as required by INA Section 289, combined with a birth certificate or other satisfactory evidence of birth in Canada or Mexico.

eligible.

Chart C

Use the following chart to determine eligibility for all Legal Permanent Residents (LPRs) applying for TANF and adult LPRs applying for Medicaid who were admitted into the U.S. on or after Aug. 22, 1996.

If the alien was admitted as a … and the USCIS document is 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 refugee retains the refugee eligibility period even when the refugee has 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 qualified immigrant status. 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";
  • 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 5 years have passed since the alien's legal date of entry.
Native American born in Canada or Mexico 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% American Indian blood, as required by INA Section 289, combined with a birth certificate or other satisfactory evidence of birth in Canada or Mexico.

eligible.

Note: If the alien is ineligible for TANF or Medicaid because of citizenship or alien status, determine the alien's eligibility for Emergency Medicaid.

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.

Use the following chart to determine eligibility for qualified immigrant and non-immigrant children.

Exceptions:

  • Texas Women's Health Program (TWHP) recipients who turn age 19 during their certification period will continue to receive TWHP until their next redetermination. Staff must review the TWHP recipient's alien status at redetermination.
  • Medicaid for Transitioning Foster Care Youth (MTFCY) 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 ... then the qualified immigrant and non-immigrant is eligible if the annotation is …

I-94

  • INA Section 212(d)(5) showing admission for at least 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: Bureau of Customs and Border Protection (CBP) also notate 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, with the exception of AM1, AM2, AM3, AM6, AM7 or AM8 (Amerasians).

An LPR child with the following exceptions is eligible for Medicaid regardless of the changes implemented due to CHIP Reauthorization Act of 2009 (CHIPRA):

  • 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 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 qualified immigrant status. 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."
  • 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.
  • 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.

Notes: A refugee retains the refugee eligibility period even when the refugee has adjusted to LPR status.

I-688B

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-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

I-797

  • Alien currently in deferred action status
  • Action notice that identifies the alien as a self-petitioning battered alien

Visa

  • A or G – FSM, RMI or Palauan diplomats
  • TPS – Individual under temporary protected status under INA Section 244

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

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

Victims of certain crimes – Battered aliens under 101(a)(15)(U):

  • U-1 Individuals who have suffered substantial physical or mental abuse as victim 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 Dec. 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 Dec. 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, whose visa petition has been approved, and who has a pending application for adjustment of status as described in 8 CFR INA Section 103.12(a)(4).

USCIS letter

Individual under Deferred Enforced Departure pursuant to a decision made by the president.

Letter

A letter or other tribal document certifying at least 50% American Indian blood, as required by INA Section 289, combined with a birth certificate or other satisfactory evidence of birth in Canada or Mexico.

Emergency Medicaid

Eligible persons are aliens residing in the U.S. who do not meet the citizenship requirements for TANF or medical programs. These persons are non-immigrants, undocumented aliens and certain legal permanent resident aliens.

Do 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 TP 08 citizenship 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 13-2; Effective April 1, 2013

SNAP

Follow the steps in the chart below to determine if a 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;
    • can be credited with 40 qualifying quarters of work (credits may be earned or in combination with a spouse or a parent);
    • 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
    • receiving RSDI, SSI, Disability.

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.

The alien is eligible.

*

Examples of acceptable USCIS documents:

  • I-551, permanent resident card, annotated with one of the following status codes IB-1 thru IB-3 or IB-6 thru 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 INA Section 244(a)(3) of the Immigration and Nationality Act.

TANF and Medical Programs except Emergency Medicaid

Follow the steps in the chart to determine if a alien claiming battered status is potentially eligible for TANF and/or Medicaid.

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 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. on or before Aug. 22, 1996? The alien is eligible if he/she 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 14-3; Effective July 1, 2014

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

Verify citizenship for all household members applying for benefits. Allow the individual 10 days to provide proof. Document the type of proof provided. 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, disqualify the individual 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

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, do not consider his claim of U.S. citizenship questionable for SNAP based solely on this reason.

Disqualify a person with a questionable claim 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 Emergency Medicaid

Before certifying an individual, verify the applicant or recipient is a U.S. citizen. Once verified, citizenship does not need to be verified again unless questionable. 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.

If the individual has a Social Security number (SSN), use Social Security Administration (SSA) records to verify citizenship by submitting a citizenship verification request via Wire Third-Party Query (WTPY). If the WTPY response indicates that citizenship is verified, no additional action is required. If the WTPY response indicates that citizenship is not verified, allow the individual a WTPY Citizenship Verification Resolution Period using policy in A-351.2, Using Wire Third-Party Query (WTPY) to Verify Citizenship.

If the individual has applied for an SSN but has not been issued one, and:

  • additional information is required to determine eligibility, request the additional information and verification of citizenship. Allow the individual 10 days to provide proof.
  • no other information is required to determine eligibility, allow the individual a period of reasonable opportunity to provide the verification using policy in A-351.1, Reasonable Opportunity. If a reasonable opportunity period has been provided, citizenship must be verified before certifying the individual.

After allowing reasonable opportunity or a WTPY Citizenship Verification Resolution Period, if the applicant or recipient refuses or fails to provide proof, disqualify the individual until proof is provided.

If all applicants or recipients in the household refuse or fail to provide proof of citizenship, deny the EDG.

Related Policy
Medical Programs – At Application, A-611
Reasonable Opportunity, A-351.1
Using Wire Third-Party Query (WTPY) to Verify Citizenship, A-351.2

A—351.1  Reasonable Opportunity

Revision 13-4; Effective October 1, 2013

Medical Programs except Emergency Medicaid

Medicaid applicants or recipients who declare themselves to be U.S. citizens, have applied for an SSN but have not been issued one and do not provide verification of citizenship must be allowed a period of reasonable opportunity to provide verification of citizenship. Reasonable opportunity is defined as the period of time from the certification date until the next complete eligibility determination.

Exception: For TP 40, the reasonable opportunity period is the period from the file date until 30 days from the application file date. See A-144.3, Citizenship.

At application, redetermination and when adding a person, if the individual does not provide proof of citizenship and no other information is required to determine eligibility, certify the individual for Medicaid if all other eligibility requirements are met. TF0001, Notice of Case Action, informs the household citizenship verification is required at the next reapplication or redetermination and lists the names of each individual who must provide citizenship verification.

If additional information is required to determine eligibility, request the additional information and verification of citizenship. If citizenship verification is the only information that is not provided, do not delay certification or deny the application. TF0001 informs the household citizenship verification will be required at the next reapplication or redetermination and lists the names of each individual who must provide citizenship verification.

At the next complete eligibility determination, ensure that citizenship is verified before the individual is certified.

A—351.2  Using Wire Third-Party Query (WTPY) to Verify Citizenship

Revision 13-2; Effective April 1, 2013

Medical Programs except Emergency Medicaid

If an applicant has an SSN, use WTPY to verify citizenship. WTPY will return a response indicating that citizenship is verified or not verified for the individual.

If the WTPY response comes back with Codes A or C indicating citizenship is verified, take no further action unless the response also comes back with an indication of death (Code C). If this occurs, treat the death information as a change using policy in B-600, Changes.

If the WTPY response is returned with any other code indicating that citizenship is not verified, take the following actions.

  1. Review the information entered into the WTPY request with the information provided by the household. If a typographical error is found, submit a new WTPY request with the correct information.
  2. If no typographical errors are found, contact the household by phone to ensure the information provided is accurate. If the household provides new information, submit another WTPY request with the correct information. Note: Update the EDG record with the correct information.
  3. If unable to clear the discrepancy, attempt to verify citizenship using Birth Verification System (BVS).
  4. If unable to verify citizenship using BVS, certify the individual. Allow a WTPY Citizenship Verification Resolution Period, to give the individual additional time to provide verification of citizenship using sources found in A-358.1, Citizenship. The WTPY Citizenship Verification Resolution Period begins with the date the TF0001 is generated.
  5. Generate Form TF0001 to inform the individual of the WTPY Citizenship Verification Resolution Period. TF0001 informs the household citizenship verification is needed and lists the names of each individual who must provide citizenship verification and the due date.

The day after the WTPY Citizenship Verification Resolution Period expires, TIERS will generate an alert that will create a task. Deny or disqualify the individual if the individual has not provided citizenship verification.

Applicants requesting three months prior Medicaid coverage must provide citizenship verification before prior coverage can be provided.

If the applicant was denied and later reapplies:

  • Do not allow another WTPY Citizenship Verification Resolution Period to clear discrepancy. This includes situations in which an individual only received a portion of the WTPY Citizenship Verification Resolution Period. Examples: The individual moved out of state before the end of the 95-day period or an individual was added to an existing EDG and the EDG has a review due before the end of the 95-day period.
  • Allow a WTPY Citizenship Verification Resolution Period to provide verification of citizenship if the individual never received the WTPY Citizenship Verification Resolution Period.
  • Do not allow a WTPY Citizenship Verification Resolution Period for individuals who already received reasonable opportunity to provide proof of citizenship.

A—351.3  Good Cause Determination

Revision 13-2; Effective April 1, 2013

TANF

Good cause exists when the Health and Human Services Commission (HHSC) determines that circumstances beyond the individual's control prevent proving U.S. citizenship. Accept the individual's statement that proof is delayed.

At initial application and when adding a person, allow good cause until the next complete review. Advise the individual 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 11-3; Effective July 1, 2011

TANF

Disqualify and refer an individual to 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 13-2; Effective April 1, 2013

All Programs

Refer to A-358.1, Citizenship, for common sources used to verify U.S. citizenship. For Medical Programs, use the most reliable level of verification available from the sources listed as acceptable for Medical Programs. Use an affidavit only as a last resort when other verification is not available.

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
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, obtain an affidavit signed by someone who knows the applicant's history. Advise signers that the affidavit is a sworn statement; they 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, 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.

Emergency Medicaid

Verification requirements do not apply for undocumented aliens in the Emergency Medicaid certified group.

A—352  Verification of Alien Status

Revision 13-2; Effective April 1, 2013

All Programs except Emergency Medicaid

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.

Pend the EDG to allow an alien to update their status with USCIS. Disqualify an alien who does not have acceptable status. If a certified alien’s document expires before the next redetermination, reverify the alien’s immigration status following policies and procedures in A-313, Absence of Proof of Alien Status.

Use the SAVE VIS:

  • at application,
  • when adding a new household member identified as a alien, or
  • when the client's USCIS document has expired.

Note: 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 To response is Indefinite, the individual meets an alien status criteria. Do not disqualify these individuals.

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 1-866-401-5510 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.

Emergency Medicaid

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 13-2; Effective April 1, 2013


All Programs except Emergency Medicaid

Verify an individual's eligible veteran status by:

  • a discharge certificate; or
  • Form DD-2l4 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, refer the veteran to the Veteran's Administration to obtain verification.

A—353.2  Verification of Active Duty Military

Revision 13-2; Effective April 1, 2013

All Programs except Emergency Medicaid

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, 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 13-2; Effective April 1, 2013

All Programs except Emergency Medicaid

Staff must verify if an alien meets the eligibility requirements as

  • 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.

To verify, use one of the following methods:

  • view Form DD-2l4 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 13-2; Effective April 1, 2013

All Programs except Emergency Medicaid

Advisors must verify 40 qualifying quarters for LPR applicants or household additions that must meet this requirement. 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 13-2; Effective April 1, 2013

All Programs except Emergency Medicaid

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.

It takes approximately 48 hours to receive a response from SSA on the 40 quarters verification request.

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: Do not allow credit for an incomplete or future quarter. Example: The quarter of July-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 14-2; Effective April 1, 2014

All Programs Except Emergency Medicaid

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, 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
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 - -
1994 $620 2005 $920 - -

Example: An individual worked for the school district as a custodian from 2008 through 2011. The school district did not pay into the Social Security system. The advisor requested that the individual provide verification of his earnings for this particular period.* The individual brought a statement from the school district verifying his wages. The individual earned $9,000 for 2008. Using the chart above, the income required to earn a quarter for 2008 is $1,050. The individual can be credited with four quarters for 2008 ($1,050 x 4 = $4,200).

* If HHSC already has proof of income earned by the individual, do not request that the individual provide additional verification.

Note: Do not allow credit for an incomplete or future quarter.

A—354.3  Quarters Earned On or After January 1, 1997

Revision 13-2; Effective April 1, 2013

All Programs except Emergency Medicaid

Federal law requires that quarters earned on or after Jan. 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, do not allow any quarters earned after Jan. 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

Revision13-2; Effective April 1, 2013

All Programs except Emergency Medicaid

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:
  • Form SSA-3288, Consent of Release, must be signed by the:
    • o LPR, if the LPR did not sign Form H1010, Texas Works Application for Assistance — Your Texas Benefits;
    • LPR's spouse, if the spouse did not sign Form H1010; or
    • LPR's parent.

    Note: A consent form or signature is not required for spouses or parents who are deceased.

  • 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: Mr. and Mrs. Cruz and their four children have applied for SNAP benefits. Mr. and Mrs. Cruz and two of the children are LPRs (advisor has verified LPR status). Mr. Cruz has worked in the U.S. for about six years and Mrs. Cruz has worked about five years. The advisor must verify the quarters of earnings for Mr. and Mrs. Cruz.

Since Mr. Cruz was the one who signed Form H1010, Texas Works Application for Assistance — Your Texas Benefits, he does not have to sign Form SSA-3288; however, a signed Form SSA-3288 is required for Mrs. Cruz. The advisor must also complete a Form H1079, Qualifying Quarters of Social Security Earnings, for Mr. and Mrs. Cruz.

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 Jan. 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 the 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 LPR provided the information as the file date.


A—355  Verifying Alien's USCIS Documents

Revision 13-2; Effective April 1, 2013

All Programs except Emergency Medicaid

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 the USCIS Form G-845S, Document Verification Request.

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

Note: Do not re-verify the alien's documents if they were previously verified and documented and have not expired.

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 becausethe 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 13-2; Effective April 1, 2013

All Programs except Emergency Medicaid

The SAVE program's VIS is a web-based application that provides alien status information using the applicants' 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: Department of Homeland Security (DHS) Response, Expires On, Response Date, and DHS Comments.

A—355.2  How to Request an Initial Verification

Revision 13-2; Effective April 1, 2013

All Programs except Emergency Medicaid

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.

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 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 zeros 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, consist of an 11-digit field. Enter leading zeros if the I-94 number provided has less than 11 digits.
    • Card Number – card number for I-551 issued November 2004 is at the bottom of the card toward the right-hand side. Card number for newer version of I-551 is 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).
  6. Select Submit Initial Verification. The response appears in the Initial Verification Results section of the same page.
  7. 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 13-2; Effective April 1, 2013

All Programs except Emergency Medicaid

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, use the manual process in A-355.4.

A—355.4  How to Request Additional Verification – Manual Process

Revision 13-2; Effective April 1, 2013

All Programs except Emergency Medicaid

To request additional verification:

  • complete Form G-845S, Document 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-845S). Submit a second set of copies for imaging.

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

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

When the USCIS returns the G-845S, follow these procedures:

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

A—356  Verifying alien's Date of Entry

Revision 13-2; Effective April 1, 2013

TANF and Medical Programs except Emergency Medicaid

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 but not with a qualified status, 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, not the alien's original date of entry.

Use immigration documents to verify date of entry. 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 13-2; Effective April 1, 2013

TANF and Medical Programs except Emergency Medicaid

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 13-2; Effective April 1, 2013

TANF and SNAP

  • 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 for Emergency Medicaid

Verification sources are divided into four levels: primary, second level, third level and fourth level. Primary sources establish both citizenship and identity. Sources that establish citizenship only are divided into second, third and fourth levels based on the reliability of the source.

Primary Evidence of Citizenship and Identity

  • U.S. passport or U.S. passport card
  • Certificate of Naturalization
  • Certificate of U.S. citizenship
  • State Data Exchange (SDX) for denied SSI recipients when the denial reason is for any reason other than citizenship
  • State Online Query/Wire Third-Party Query and documentation on reason for Medicare denial
  • Inquiry reflecting a current or denied TP 45 Medicaid EDG
  • Children's Health Insurance Program (CHIP) perinatal inquiry reflecting a current or denied CHIP perinatal case for the child
  • WTPY
  • Evidence of membership or enrollment in a federally recognized tribe
  • A list of Indian tribes recognized by the U.S. Bureau of Indian Affairs is available at the following link:

    www.bia.gov/idc/groups/xofa/documents/document/idc012038.pdf

Note: If using a source from this list, the certified individual does not have to provide any other document to verify identity. If a primary source is not available, begin with the second level evidence of citizenship and continue through the other levels to locate the most reliable source.

Second Level Evidence of Citizenship

  • 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 Jan. 13, 1941), Guam (on or after April 10, 1899), the Virgin Islands of the U.S. (on or after Jan. 17, 1917), American Samoa, Swain's Island or the Northern Mariana Islands (after Nov. 4, 1986) (see Note)
  • Vital Statistics Unit certificate
  • 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
  • Evidence of meeting the automatic criteria for U.S. citizenship outlined in the Child Citizenship Act of 2000, if a child has not yet received Certificate of Citizenship, N-560 or N-561, 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.

Third Level Evidence of Citizenship

  • 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 records (preschool or daycare)

Fourth Level Evidence of Citizenship

  • Federal or state census record showing U.S. citizenship or a U.S. place of birth and the individual's age (generally for individuals born 1900-1950)
  • Vital Statistics Unit official notification of birth registration showing a U.S. place of birth
  • Statement showing a U.S. place of birth signed by the physician or midwife who was in attendance at the time 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
  • Form H1097, Affidavit for Citizenship/Identity, from two adults regardless of blood relationship to the individual. The individual may be a U.S. citizen by birth or naturalization. Use only as a last resort when other evidence is not available.

Notes:

  • If using a source from Levels 2, 3 or 4, the individual must also provide an additional source from the Medical Programs identity verification sources in A-621, Verification Sources, to verify identity. Do not use the same source to verify identity that was used to verify citizenship and vice versa.
  • Copies of the document used to verify citizenship must be legible and non-questionable. Submit a copy of the document for imaging.
  • 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. See C-932, Advisor Responsibility for Verifying Information, for information regarding assisting an individual in obtaining birth verification from Puerto Rico.

Related Policy
Providing Verification, C-930
Using Wire Third-Party Query (WTPY) to Verify Citizenship, A-351.2

A—358.2  Alien Status

Revision 13-2; Effective April 1, 2013

All Programs except Emergency Medicaid

  • Form I-94, I-151, I-551, I-688-B (with special annotations), I-766 (with special annotations), or other valid USCIS records
  • Contact with USCIS

TANF and Medical Programs except Emergency Medicaid

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 13-2; Effective April 1, 2013

All Programs

Document the:

  • alien's status and how you verified it;
  • USCIS document's expiration date if any;
  • basis of alien's eligibility or ineligibility;
  • temporary eligibility period for the alien described in A-354.4, Procedures for Verifying 40 Quarters, if applicable.

Document the verification number from the SAVE inquiry in case comments.

Related Policy
Documentation, C-940

SNAP

Document the proof of citizenship, if questionable.

TANF and Medical Programs except Emergency Medicaid

Document proof of citizenship.

Document the alien's:

  • date of entry; and
  • continuous presence, if necessary to establish eligibility.

Medical Programs except Emergency Medicaid

When using a verification source from levels 2, 3 and 4, document the reason a higher level was not used.

Copies of the document used to verify citizenship must be legible and non-questionable.

Related Policy
The Texas Works Documentation Guide