IM-154 October 30, 2020; IM-36 April 22, 2010; IM-61 June 27, 2007; IM-137 November 21, 2005
Providing immigrant status of each EU member is voluntary; however, the individuals for whom the immigrant status is not provided are not eligible and are considered non-applicants. Verify the eligible status of all applicant immigrants (see 1105.010.00 Citizenship and Immigrant Status). Do not attempt to verify the status of individuals for whom the head of EU does not wish to apply. It is the responsibility of the applicant/EU to provide the documents. If an immigrant does not want FSD to contact U.S Citizenship and Immigration Services (USCIS) to verify his or her status, FSD must give the EU the option of withdrawing its application or participating without that EU member.
Verify immigrant status by viewing the immigrant’s USCIS document. Refer to Section 1105.097.00 Appendix A – Verification of Immigration Status for information on acceptable forms of documentation.
To verify the validity of the documents provided by the EU:
- Access the Systematic Alien Verification for Entitlements (SAVE) database to verify immigrant status.
- If SAVE cannot verify the documents or if there is a significant discrepancy between the automated data and information provided by the EU, the SAVE message “Institute Secondary Verification” appears.
- FSD must then verify the validity of the documentation. Staff will be presented with an additional data entry screen to submit additional information electronically to an immigration status verifier (ISV) for processing. Upon receipt of this information, the ISV processes the request for status verification and electronically transmits the results to the requestor.
EXCEPTIONS: The following statuses do not require additional verification through SAVE:
- Eligibility based on veteran or active-duty status (see 1105.010.10.20 Immigrants With a Military Connection)
- Cross-Border Native Americans (see 1105.010.03 Cross-Border Native Americans)
- Victims of trafficking (see 1105.010.10.30 Immigrants Eligible Under the Trafficking Victims Protection Act of 2000)
- Hmong or Laotian Highlander tribe members (see 1105.010.04 Hmong, Laotian Highlanders)
- United States Non-citizen Nationals (see 1105.010.02 United States Non-citizen Nationals)
An immigrant is ineligible until acceptable documentation is provided unless:
- a copy of a document provided by the EU has been submitted to USCIS for verification. Do not delay, deny, reduce, or terminate the individual’s eligibility for benefits on the basis of the individual’s immigration status while such verification is pending. Refer to 1105.010.15 Approval Pending Receipt of Immigrant Documentation for further policy;
- the Social Security Administration (SSA) has responded that the individual has fewer than 40 quarters and the individual provides documentation from SSA that SSA is completing an investigation to determine if more quarters can be credited. Certify the individual up to six months from the date of the original determination of insufficient quarters pending the results of the SSA investigation; or
- a request to a Federal agency for verification of information which bears on the individual’s eligible immigrant status has been submitted. Certify the individual up to twelve months from the date of the original request for verification pending the results of the investigation.
FAMIS gives the EU at least ten days to provide the requested information. The list of outstanding verification and the date by which the verification must be provided appears on the Outstanding Verification (FM3M) screen.
Enter the appropriate hard copy documentary verification (HC) code and status code on the Non-Citizen Information (FMML) screen. Record a comment regarding when the verification was received and any other information not contained on the Non-Citizen (FMML) screen.
NOTE: Client statement can be acceptable for United States Non-citizen Nationals and Immigrants from Micronesia and Marshall Islands.