*** The Health Care Programs Manual (HCPM) has been replaced by the Minnesota Health Care Programs Eligibility Policy Manual (EPM) as of June 1, 2016. Please refer to the EPM for current health care program policy information. ***

Chapter 11 - Citizenship and Immigration Status

Effective:  February 1, 2011

11.10 - Verification of Immigration Status

Archived:  June 1, 2016 (Previous Versions)

Verification of Immigration Status

Require verification of immigration status for all applicants who report they are lawfully present noncitizens.

Note:  Do not request verification of immigration status for household members who are not requesting health care coverage.

Verification of date of entry or status date may also be required if there is a need to establish eligibility for a federally funded program. See Federally or State-Funded Health Care for further information.

Once an immigrant has provided the required verification of immigration status, do not request additional verification unless the immigrant reports a change in status. Accept verification obtained by another program unless there is a change in status.

Current Verification Not Provided.

Role of the Worker in Obtaining Verification.

Acceptable Sources of Verification.

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Current Verification Not Provided

If applicants or enrollees claim a status under which they would qualify for health care program eligibility but are unable to submit documentation, or submit expired U.S. Citizenship and Immigration Services (USCIS) documents:

l  Request further verification and refer the applicant or enrollee to the USCIS district office to secure proper documentation.

Note:  The Minnesota Health Care Programs Request for Information (DHS-3271) may be used.

l  Approve the appropriate health care program while documentation is pending.

Exception:  If verification of immigration status has been previously requested and the applicant failed to submit it, do not approve health care coverage until you receive the verification.

l  If verification of immigration status is not received within two months of the request for the verification, send a letter to remind the applicant to provide the information.

Note:  The Minnesota Health Care Programs Request for Information (DHS-3271) may be used.

l  If verification of immigration status is not received within 30 days of the date of the reminder letter, close health care coverage for the next available month.

Exception:  Do not close coverage for enrollees who document that they have requested the verification from USCIS but have not yet received it.

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Role of the Worker in Obtaining Verification

Assist people in obtaining documentation if they request help.

Note:  Do not contact USCIS without the person's written consent. Do not contact USCIS for undocumented people unless the person specifically requests the contact and gives signed permission.

See Systematic Alien Verification for Entitlements (SAVE) for information on when to use the automated SAVE system to validate immigration status.

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Acceptable Sources of Verification

The verification a client must provide depends on the immigration status.

l  In many instances, noncitizens will have one of two USCIS forms that indicate current immigration status and the date it was attained:  the I-551 (Permanent Resident Card) or the I-94 (Arrival-Departure Record).

l  Immigration status (but not entry or status date) is also indicated on I-766 or I-688B (Employment Authorization Card).

l  USCIS may also issue a Form I-797 (Notice of Action) to indicate the approval of an application for a particular status.

For further information about verification guidelines for each immigration status, see:

Afghan and Iraqi Special Immigrants.

Amerasian Immigrants.

American Indian Noncitizens.

Applicants for Asylum/Withholding of Removal.

Asylees.

Battered Noncitizens.

Conditional Entrants.

Cuban/Haitian Entrants.

Deferred Action.

Deferred Enforced Departure.

Family Unity Beneficiary.

Lawful Permanent Residents.

Lawful Temporary Residents.

Micronesians/Marshall Islanders.

Nonimmigrants.

Paroled for at Least One Year.

Paroled for Less Than One Year.

Pending Immigration Status.

Refugees.

Temporary Protected Status.

Trafficking Victims.

Undocumented People.

Withholding of Removal.

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