Current through all regulations passed and filed through September 16, 2024
Each individual who is not a citizen or national of the United States
(U.S.) is required to provide a written declaration of alien status and provide
documentation to support their alien status. The county agency is required to
confirm the authenticity of the documentation provided by the individual
through the automated systematic alien verification for entitlements (SAVE)
system.
(A) What is the written
declaration of citizenship/alien status?
(1)
Each individual applying for Ohio works first (OWF); prevention, retention and contingency(PRC); or refugee cash assistance(RCA) shall provide a declaration in writing under
penalty of perjury of the following:
(a) If
the individual is a citizen or national of the U.S. or an alien in a
satisfactory immigration status; and
(b) The status of all dependent children for
whom assistance is requested.
(2) The written declaration of
citizenship/alien status shall be considered met for all members of the
assistance group when the adult, minor head of household or authorized
representative signs and dates an application as defined in rule
5101:1-2-01 of the
Administrative Code.
(3)
Declarations on behalf of newborn children shall be provided no later than the
next scheduled recertification. The declaration requirement is met by the
assistance group member's signature on the application as described in rule
5101:1-2-01 of the
Administrative Code.
(4) Any
assistance group member who is not a U.S. citizen or national shall provide
documentation from the U.S. citizenship and immigration services (USCIS) of
their current alien status.
(B) What documents shall be provided by an
individual who is not a citizen or national of the U.S?
(1) The following original documents are
considered acceptable verification of alien status:
(a) Alien registration card;
(i) Alien registration cards
have an alien registration number
(A-number) referencing the individual's file at USCIS.
(ii) The A-number contains eight or nine
numerical digits preceded by the letter "A".
(iii) The A-number is unique to an
individual.
(b) Marriage
records or court orders indicating identity, immigration status or U.S.
residence of the individual. These documents are not considered adequate proof
of current immigration status, but may be used to verify alien status through
the secondary verification process as set forth in paragraph (D)(2) of this
rule.
(2) If an
individual claims to have lost the original documents or the documents expire,
the county agency shall refer the individual to the local USCIS office to
request new documents.
(3) Required
documentation shall be provided at application or when the alien status
changes.
(C) What is the
SAVE system?
The SAVE system is an information-sharing initiative allowing
authorized staff to validate a noncitizen's immigration status by accessing
USCIS data. The USCIS protects the individual's privacy in accordance with the
Immigration and Nationality Act (INA) of 1952 and other applicable statutes. No
consent for release of information is required to use SAVE.
(D) What are the methods of verifying the
documents?
There are three methods of verifying the documents provided in
accordance with paragraph (B) of this rule:
(1) Initial or primary verification is used
to provide alien status verification within seconds of inquiry. This
verification is used for most applicants. The county agency shall compare the
information provided through the SAVE system with the documents provided by the
individual. If the documentation matches in SAVE, the process is
complete.
(2) Additional or
secondary verifications provides a more extensive validation if problems appear
in the verification of alien status. Secondary verification is required in any
of the following situations:
(a) The document
appears counterfeit or altered.
(b)
The individual presents unfamiliar USCIS documentation, or a document
indicating immigration status, but does not contain an A-number.
(c) A document containing an A-number in the
"A60-000-000" series.
(d) A
document containing an A-number in the "A80-000-000" series.
(e) When an individual has no immigration
documentation and is hospitalized, medically disabled or can otherwise show
good cause for the inability to present documentation, and securing such
documentation constitutes an undue hardship.
(f) When an individual presents a foreign
passport and/or form I-94 "Arrival/Departure Record" and the "Admission for Permanent
Residence" endorsement is more than one year old.
(g) When an automated check through the SAVE
system returns with a response "institute additional verification" or when
there is a discrepancy between an individual's documentation and the record
contained in the SAVE system.
(h)
When an individual claims lawful permanent (or conditional) resident status
because they are a battered alien, a parent of a battered child(ren) or a
victim of domestic violence.
(3)
A third-level
review is necessary when SAVE needs to review a copy of the applicants
immigration document to issue a verification response. When submitting a
third-step verification, the county agency is to scan and upload any relevant
immigration/citizenship documents to SAVE.
(E) How does the SAVE verification affect
eligibility?
SAVE does not determine an individual's eligibility for a specific
benefit or provide information unrelated to an individual's immigration status.
It does not replace the requirement for noncitizens to provide verification of
their immigration status as set forth in paragraph (B) of this rule.
(1) No eligibility determination shall be
delayed, denied, reduced or terminated solely because of pending SAVE
verification.
(2)
When an
individual appears eligible with available USCIS documentation and all other
program eligibility criteria are met, the county agency shall issue benefits to
the assistance group while awaiting a response from USCIS.
(3)
When a discrepancy
exists after receipt of information from the SAVE system, the county agency
shall send prior notice of adverse action to the assistance group in accordance
with the provisions set forth in rule
5101:6-2-04 of the
Administrative Code.
(4) The
provisions set forth in rule
5101:1-23-70 of the
Administrative Code are applicable when payments have been erroneously issued.
