Family Healthcare (FAMIS)

0905.010.30.25 Documentation and Verification of Citizen or Alien Status

IM-#33, April 15, 2010,   IM-#31 April 6, 2007,  IM-#66 June 23, 2006,  IM-173, September 19, 2001

Section 6036 of the Deficit Reduction Act of 2005 amended section 1903 of the Social Security Act requiring states to obtain satisfactory documentation of citizenship and identity in order to receive Medicaid benefits. Effective July 1, 2006, states must obtain documents establishing citizenship and identity for new applicants and recipients for all categories of Medicaid. Documentation of citizenship and identity for recipients must be verified at the next reinvestigation completed effective July 1, 2006.

The following individuals are exempt from having to provide documentation of citizenship/identity:

  • Individuals receiving SSI,
  • Individuals receiving Medicare,
  • Individuals receiving Social Security Disability Insurance (SSDI), and
  • Individuals receiving Old Age Survivors Disability Insurance (OASDI) benefits based upon their own disability.

Refer to Section 0110.020.00 for a complete list of acceptable documents to use as verification.

All non-citizen applicants for MO HealthNet who declare they are qualified aliens must provide INS documents to establish immigration status. You must give the alien a reasonable opportunity to provide the required documentation. If the alien does not provide the requested documentation within a reasonable time frame, you may deny eligibility. If the alien does provide the requested documentation within the time frame, verify the documentation with the INS using the SAVE System.

Exception: At this time, the INS SAVE system does not contain information about victims of severe forms of trafficking. Until further notice, do not contact SAVE concerning these individuals. See Trafficking Victims.

If an applicant presents an expired INS document or is unable to present any documentation of his or her immigration status, refer the person to the local INS District Office to obtain evidence of status unless he or she can provide you with an alien registration number. If the applicant provides an alien registration number, use the SAVE System to verify status. If the applicant presents a receipt indicating he or she has applied to INS for a replacement document, contact the INS to verify status by using the SAVE System. Contact the INS at any time if there is any reason to question the authenticity of a document presented or the information on the document is insufficient to determine whether the alien status requirement is met.

Acceptable documentation of qualified alien status is as follows:

  1. Lawful Permanent Resident:
    1. INS Form I-551
    2. A temporary I-551 stamp in a foreign passport or on Form I-94 for recent arrivals
  2. Refugees:
    1. INS Form I-94 annotated with stamp showing entry as refugee under 207 of the INA and date of entry to U.S.
    2. INS Form I-688B annotated �274a.12 (a) (3)�
    3. I-766 annotated �A3�
    4. I-571NOTE: Refugees usually adjust to Lawful Permanent Resident status after 12 months in the U.S., but for purposes of establishing eligibility are still considered refugees. Therefore, check the coding on Form I-551 for codes RE-6, RE-7, RE-8, or RE-9.
  3. Asylee:
    1. INS Form I-94 annotated with stamp showing grant of asylum under 208 of the INA
    2. Grant letter from the Asylum Office of the INS
    3. INS Form I-688B annotated �274a.12(a)(5)�
    4. INS Form I-766 annotated �A5�
  4. Alien with Deportation or Removal Withheld:
    1. Order of an Immigration Judge showing deportation withheld under 243(h) or 241(b)(3) of the INA and date of the grant;
    2. INS Form I-688B annotated �274a.12(a)(10)�
    3. INS Form I-766 annotated �A10�
  5. Alien Granted Parole for at Least One Year:
    1. INS Form I-94 annotated with stamp showing grant of parole under 212(d)(5) of the INA and a date showing granting of parole for at least one year
  6. Alien Granted Conditional Entry:
    1. INS Form I-94 with stamp showing admission under 203(a)(7) of the INA, refugee-conditional entry;
    2. INS Form I-688B annotated �274a.12 (a)(3)�
    3. INS Form I-766 annotated �A3�
  7. Cuban and Haitians
    1. An I-94 Arrival/departure card with a stamp showing parole into the U.S., on or after April 21, 1980; or I-94 Arrival/departure card with a stamp showing parole at any time as a �Cuban/Haitian Entrant (status pending)�; or CH6 adjustment code on the I-551; or A Cuban or Haitian passport with a 212(d)(5) stamp dated after October 10, 1980.
    2. Department of Homeland Security (DHS) Form I-221; or DHS Form I-862; or DHS Form I-220A; or DHS I-122; or DHS Form I-221S; or Copy of DHS Form I-589 date stamped by the Executive Office for Immigration Review (EOIR); or Copy of DHS Form I-485 date stamped by EOIR; or EOIR-26; or I-766 Employment Authorization Document with the code C10; or I-688B Employment Authorization Document with the provision of law 274a.12(c)(10); or Other applications for relief that have been date stamped by EOIR; or Other documentation pertaining to an applicant�s removal, exclusion or deportation proceedings.
    3. DHS receipt for filing Form I-589; or I-766 Employment Authorization document with the code C08; or I-688B Employment Authorization Document with the provision of law 274a.12(c)(8).NOTE: Persons admitted on B2 visas are not qualified aliens, or lawfully residing in the U.S. under section 214 of CHIPRA and are not eligible for benefits as a Cuban/Haitian Entrant.
  8. Battered Immigrant:
    1. A battered immigrant is defined in P.L. 104-208 as;
      1. an alien who has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent; or a member of the spouse of parent’s family residing in the same household as the alien if the spouse or parent consented to, or acquiesced in, such battery or cruelty;
      2. an alien whose child has been subjected to same by a spouse or a parent or the alien (without the active participation of the alien), or by a member of the spouse or parents family residing in the same household if the spouse or parent consented to, or acquiesced in, such battery or cruelty; or
      3. an alien child who resides in the same household as a parent who has been battered or subjected to extreme cruelty in the U.S. by that parent s spouse or by a member of the spouse s family residing in the same household as the parent and the spouse consented or acquiesced to such battery or cruelty, but only if there is substantial connection between such battery or cruelty and the need for benefits to be provided.

    NOTE: IF AN ALIEN CLAIMS THIS STATUS, CONTACT IM PROGRAM AND POLICY FOR FURTHER INSTRUCTIONS.

    EXCEPTION: The battered alien will not be a qualified alien during any period in which the individual responsible for such battery or cruelty resides in the same household or family eligibility unit as the individual subjected to such battery or cruelty.

  9. American Indian born in Canada:
    1. Birth or baptismal certificate issued on a reservation
    2. Tribal records
    3. Letter from the Canadian Department of Indian Affairs
    4. School records

    NOTE: This does not include a spouse or child of such Indian nor a non-citizen whose membership in an Indian tribe or family is created by adoption unless such person is of at least fifty percent (50%) or more Indian blood.

  10. Amerasian Immigrant
    1. INS Form I-551 (Alien Registration Receipt Card, commonly referred to as a �green card�) with the code AM6, AM7, or AM8; or
    2. Unexpired temporary I-551 stamp in foreign passport or on INS Form I-94 with the Code AM1, AM2, or AM3
  11. Trafficking Victim, as defined by the Trafficking Victims Act of 2000Department of Health and Human Services (HHS) Office of Refugee Resettlement (ORR) has been delegated the authority to conduct certifications. At this time, ORR will issue certification letters to victims of trafficking who meet the certification requirements. ORR also will issue similar letters for children who have been subjected to trafficking.To receive a certification, a victim of trafficking must be willing to assist with the investigation and prosecution of trafficking cases AND either (1) have made a bona fide application for a T visa OR (2) be an individual whose continued presence the Attorney General is ensuring to effectuate a trafficking prosecution.FSD will not need to conduct any certification activities.

    When a victim of trafficking applies for benefits,

    1. Accept the original certification letter or letter for children in place of INS documentation. Victims of severe forms of trafficking are not required to provide any documentation of their immigration status. A sample certification letter is attached.
    2. Call the trafficking verification line at (202) 401-5510 to confirm the validity of the certification letter or letter for children and to notify ORR of the benefits for which the individual has applied.Note: At this time, INS Systematic Alien Verification for Entitlements (SAVE) does not contain information about victims of severe forms of trafficking. Until further notice, do not contact SAVE concerning victims of severe forms of trafficking.)
    3. Note the �entry date� which is considered the certification date, which is in the body of the certification letter or letter for children. These letters also have an expiration date.
    4. Record the expiration dates of the certification letter or letters for children so those caseworkers will be prepared to conduct redeterminations of eligibility at that time. Victims of trafficking may not possess standard identity documents, such as driver’s licenses or social security cards. Do not automatically deny the applications but call the trafficking verification line at (202) 401-5510 for assistance.
  12. Veteran or Active Duty Military Personnel or DependentAcceptable documentation of active full-time active duty in the Armed Forces (U.S. Army, Air Force, Marine Corp, or Coast Guard) is:A current military ID card (DD Form 2 (Active)) that lists an expiration date of more than one year from the date of issue. This does not include full-time National Guard duty. If the card will expire within one year, use a copy of his/her military order to document active duty status.A member of a reserve component shall establish status by showing a current DD Form 2 (Reserve){red} and military active duty orders showing such persons is on active duty, but NOT on active duty for training. No other method of verifying this status is currently available.

    NOTE: If the individual is unable to furnish either of the above, active duty may be verified through the nearest RAPD (Real Time Automated Personnel Identification System) located at many military installations or by notifying the following office in writing (which can be transmitted by not eligible for this status. A character of discharge �Under Honorable Conditions� is not an �Honorable� discharge for these purposes.

    NOTE: If the applicant cannot provide the DD-214, the Military Personnel Record Center, 9700 Page, St. Louis, MO 63132 will send a copy of the DD-214 if a signed authorization is provided.

    Acceptable Documentation for Establishing Status as a Spouse, Child, or Unmarried Surviving Spouse of an Active Duty Armed Forces Member or Veteran is possession of a current military ID Card showing:

    1. that the individual is married to a veteran or active duty member,
    2. that a child is dependent on the veteran or active duty member of the Armed Forces for his/her support and is under the age of eighteen (18) or if a full-time student, under age twenty-two (22).NOTE: If the Military ID Card is unavailable or further documentation is needed, refer the individual to the VA regional office.
  13. CitizenshipIf U.S. Citizenship is questionable the following are examples of acceptable documentation:
    1. birth certificate
    2. religious record of birth recorded in the U.S. or its territories within 3 months of birth, which indicates a U.S. place of birth. The document must show either the date of birth or individual’s age at the time record was made
    3. United States passport (not limited passport, which are issued for periods of less than 5 years)
    4. Report of Birth Abroad of a Citizen of the U.S. (Form FS-240)
    5. Certification of Birth (INS Form FS-545)
    6. U.S. Citizen I.D. Card (INS Form I-197)
    7. Naturalization Certificate (INS Forms N-550 or N-570)
    8. Certificate of Citizenship (INS Forms N-560 or N-561)
    9. Northern Mariana Identification Card (issued by the INS to a collectively naturalized citizen of the U.S. who was born in the Northern Mariana Islands before Nov. 3, 1986)
    10. American Indian Card with a classification code �KIC� and a statement on the back (issued by the INS to identify U.S. citizen members of the Texas Band of Kickapoos living near the U.S./Mexican border)
    11. Contemporaneous hospital record of birth in one of the 50 states, the District of Columbia, Puerto Rico (on or after January 13, 1941), Guam (on or after April 10, 1899), the U.S. Virgin Islands (on or after January 17, 1917), American Samoa, Swain s Island, or the Northern Mariana Islands (unless the person was born to foreign diplomats residing in such a jurisdiction)