Current through September 24, 2024
Verification of alien status must be by the applicant prior
to approval.
(1) Required Verification
of Alien Status. Aliens identified in 1240-01-47 -10(2) have been lawfully
admitted to the US and are therefore eligible for benefits on this basis. They
must also meet other eligibility requirements. These aliens will be able to
present (or obtain) one of the following types of verification of their status:
(a) Immigration and Nationality Services
(INS) Form I-151 or I-551 - Alien Registration Receipt Card or the Re-Entry
Permit, a passport booklet for lawful permanent resident aliens.
(b) If an INS Form I-94 is annotated with the
letter (A) through (L), this is verification that the alien does not meet
citizenship requirements for Families First purposes and is ineligible for
benefits. If, however, the alien can present other documentation from INS that
he does meet requirements, this will be acceptable. INS Form I-94, Arrival
Departure Record, which will be acceptable only if annotated with:
1. Section 212(d)(5) or 243(h) of the
Immigration and Nationality Act, or an (S) indicating Haitian Nationals;
or
2. One of the following terms
and a combination of the following terms:
(i)
Refugee;
(ii) Parolee or
paroled;
(iii) Conditional entry or
entrant; or
(iv) Asylum.
(c) There may be
considerable delay (because of methods of issuance) in the receipt of Form
I-551 by an alien recently admitted to the US. Passport booklets stamped with
the annotation Processed for I-551, Temporary Evidence of Lawful Admission for
Permanent Residence will be acceptable verification of eligible alien
status.
(d) Unless an Iranian has
documentation of status as listed in 1240-01-3-.12(2)(a), (regardless of date
of entry to the US) he is not eligible for Families First.
(e) Temporary Resident Card, Form I-688,
means that an amnesty alien has been approved for temporary residence. If the
form is coded to show the alien was admitted under Section 245A, the alien is
not eligible. If the form is coded to show the alien was admitted under Section
210, the alien is eligible until the expiration date stated on the face of the
document.
Forms such as I-688A, Employment Authorization Card or
Employment Authorization Document (EAD) and I-689 show that an alien has
applied for admission. They are not acceptable documents to show that a person
has been admitted under an eligible section. In addition, Form I-181-B cannot
be used as acceptable verification.
(f) If the INS Form I-94 does not bear any of
the above annotations, the alien may state the reason and submit other
conclusive verification, such as a notice, letter or identification card that
establishes that the alien has been admitted for permanent residence as a legal
alien.
(2) Need For
Documentation. If the INS Form I-94 does not bear any of the above annotations,
the alien may state the reason and submit other conclusive verification, such
as a notice, letter or identification card that establishes that the alien has
been admitted for permanent residence as a legal alien. Other evidence of
eligible status includes:
(a) Verification of
the client's classification under Section 101(a)(15), 101(a)(20), 207, 208,
212(d)(5), 243, 249 of the Immigration and Nationality Act; or
(b) Form G-641 (Application for Verification
of Information from Immigration and Naturalization Service Records) when it is
properly annotated at the bottom by an INS representative that the alien was
admitted lawfully for permanent residence or paroled for humanitarian reasons;
or
(c) A court order stating that
deportation has been withheld pursuant to section 243(h) of the Immigration and
Nationality Act;
(d) The client may
contact INS or otherwise obtain the necessary verification. If the AG does not
wish to contact INS, give the AG the option of withdrawing the application or
participating without the ineligible alien. If the client wishes and signs a
written consent, the worker will contact INS to obtain clarification of the
alien's status.
(3)
Inability to Obtain INS Documentation. If an alien is unable to provide any INS
document at all, then the worker has no responsibility to contact INS on the
alien's behalf. If the proper INS documentation is not available, the alien may
state the reason and submit other conclusive verification. The worker shall
accept other forms of documentation or corroboration from INS that the alien is
classified pursuant to Sections 101(a)(15), 101(a)(7), 212(d)(5), 243 or 249 of
the Immigration and Nationality Act or other conclusive evidence such as a
court order stating that deportation has been withheld pursuant to Section
243(h) of the Immigration and Nationality Act.
(a) Systematic Alien Verification for
Entitlements (SAVE) System Procedures. The SAVE System is the process of
verifying the alien's immigration status by validating the alien's INS
documents through the Immigration and Naturalization Service (INS).
1. Benefits may not be denied or reduced
pending verification of an alien's documentary evidence through SAVE.
2. One of the following SAVE verification
procedures must be used to establish an alien's status.
(i) Primary Verification. By telephone, using
the INS' Alien Systematic Verification Index (ASVI) data base as the primary
verification method.
(ii) Secondary
Verification. Complete INS Form G-845 for each applicant who is not a US
citizen and submit to INS.
(4) Certification/Approval of Remaining AG
Members. Aliens who do not meet requirements as specified will be excluded from
the Families First budget and grant. Their income and resources will not be
taken into consideration in the determination of eligibility/payment for
assistance group members unless the alien is a legally responsible relative of
the AG member(s). In the case of an ineligible alien parent, income is deemed
to the eligible dependent child using the stepparent deeming formula. If the
alien subsequently presents acceptable verification of alien status which
results in his/her meeting eligibility requirements, he/she will be added to
the AG (and his/her income and resources taken into consideration) effective
the date verification is received in the county office. (No new application is
required). Payment may be made retroactive to the date of application (but not
prior to 10/1/94) if all other eligibility requirements were met as of that
date.
Authority: T.C.A. §§
4-5-201 et seq., 71-1-105,
71-3-154(l), Public Acts of 1996, Chapter 950, and
45 CFR
233.50.
