Effective: December 1, 2006 |
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11.10ar1 - Verification of Immigration Status (Archive) |
Archived: April 1, 2008 |
Require verification of immigration status for all applicants who report they are noncitizens, except for certain undocumented people. See Undocumented and Nonimmigrant People for further information.
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 verification of immigration status and date of entry, 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.
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: For MinnesotaCare clients, the Request for Proof of Immigration Status (DHS-3411) 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: For MinnesotaCare clients, the Second Request for Proof of Immigration Status (DHS-3406) may be used.
l If verification of immigration status is not received within 30 days of the date of the reminder letter, terminate health care coverage for the next available month.
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.
Acceptable Sources of Verification
The verification that must be provided varies depending 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:
Applicants for Asylum/Withholding of Removal.
Micronesians/Marshall Islanders.
Paroled for at Least One Year.