Current through August, 2024
(a) The department
shall verify the alien status of each applicant and recipient. Applicants and
recipients shall provide verification for each alien member as follows:
(1) Aliens lawfully admitted for permanent
residence shall present INS form 1-151 or 1-551 or other documents which
identify the aliens' immigration status and which the department determines are
reasonable evidence of the aliens' immigration status.
(2) Aliens permanently residing in the United
States under conditional residence shall present INS form 1-94 or other
documents which identify the aliens' immigration status and which the
department determines are reasonable evidence of the aliens' immigration
status. The form 1-94 shall be acceptable verification if it is annotated with:
(A) Section 203(a) (7), section 207, section
208, section 212(d)(5), or section 243(h) of the INA; or
(B) One of the following terms or a
combination of the following terms:
(i)
Refugee;
(ii) Parolee or
paroled;
(iii) Conditional entrant
or entry; or
(iv) Asylum.
(3) Aliens admitted
under provisions of Public Law 99-239, the Compact of Free Association Act of
1985, shall present INS form 1-94, which has been stamped with the admission
stamp and is annotated as follows:
(A)
CFA/MIS, for citizens of the Republic of the Marshall Islands;
(B) CFA/FSM, for citizens of the Federated
States of Micronesia; or
(C)
CFA/PAL, for citizens of the Republic of Palau.
(b) When the INS form does not bear an
acceptable annotation and the alien has no other verification of alien
classification in the alien's possession, the department shall advise the alien
to submit form G-641, Application for Verification of Information from INS
Records, to INS. The department shall accept form G641 when presented by the
alien and properly annotated at the bottom by the INS representative as
evidence of lawful admission. The alien shall also be advised of the following:
(1) The classifications under sections of the
INA that shall result in eligible status;
(2) The alien may be eligible if acceptable
verification is obtained;
(3) The
alien may contact the INS or otherwise obtain the necessary verification, or if
the alien wishes and signs a written consent, the department shall contact INS
to obtain clarification of the alien's status; and
(4) If the alien does not wish to contact the
INS, the family shall be given the option of withdrawing the application or
participating without that individual.
(c) When an alien is unable to provide any
INS document, the department shall not be responsible for contacting INS on the
alien's behalf. The department shall contact INS when the alien has an INS
document that does not clearly indicate eligible or ineligible alien status.
When the department accepts non-INS documentation determined to be reasonable
evidence of the alien's immigration status, the department shall photocopy the
document and transmit the photocopy attached to the INS form G-845 for INS for
verification:
(1) Pending the receipt of the
verification from the INS, the department shall not deny, delay, reduce, or
terminate the individual's eligibility for assistance on the basis of the
individual's immigration status; and
(2) The department is not required to obtain
the alien's written consent in order to transmit the photocopy to
INS.
(d) The department
shall provide alien applicants with a reasonable opportunity to submit
acceptable documentation of the applicant's eligible alien status prior to the
thirtieth day following the date of application for food stamps and prior to
the forty-fifth day following the date of application for financial assistance.
A reasonable opportunity shall be at least ten days from the date of the
department's request for an acceptable document;
(1) An alien who has been given a reasonable
opportunity to submit an acceptable document and who has not done so by the
thirtieth day following the date of application for food stamps and the
forty-fifth day following the date of application for financial assistance
shall not be eligible until acceptable documents are received by the
department; and
(2) When the
department fails to provide an alien applicant with a reasonable opportunity to
submit acceptable INS documents and non-INS documents or if the ten day
reasonable opportunity period goes beyond the thirtieth day for food stamps and
forty-fifth day for financial assistance, the following shall apply:
(A) For food stamps, the department shall
provide the family with assistance no later than thirty days following the date
of application, provided the family is otherwise eligible; and
(B) For financial assistance, the department
shall provide the family with medical assistance on the forty-sixth day and
medical assistance shall continue until the applicant is determined
ineligible.
(e) While awaiting verification, the alien
member whose status is questionable shall be ineligible. The ineligible alien's
income and assets shall be considered available in determining the eligibility
of the remaining family members:
(1) When the
department determines from discussions with the household that the alien either
does not wish to contact INS or will not give permission for the department to
contact the INS for the alien, the family shall be given the option of
withdrawing the application or participating without the alien member;
and
(2) When the department
receives verification of eligible alien status, the department shall act on the
information as a reported change in household composition if the family is
receiving assistance without the alien member.
(f) When the date of expiration on the INS
form has passed, the department shall request documentation from the alien
indicating an extension from the expiration date:
(1) If an alien does not possess a document
from INS indicating an extension, the alien shall be instructed to obtain the
documentation from INS before the individual is determined eligible for initial
or continuing assistance;
(2)
Without proper documentation, the alien shall be ineligible for assistance;
and
(3) At each eligibility
redetermination or recertification, the alien status shall be verified if the
department has reason to believe a change may have taken place.
