TN 3 (10-97)

A. Policy

The determination that an individual is an eligible alien, as described in SI 00502.100B., and the date of entry into the U.S. or attainment of status for SSI eligibility purposes will be based on documents issued by the DHS or an immigration court, and/or information provided by DHS.

The alien's status must be verified with DHS if there is any reason to question the authenticity of the document(s) presented or the information on the document(s) is insufficient to determine if the alien status requirements are met.Verify documents with DHS using SAVE or Form G-845. Verification of LAPR status will be done under the procedures in GN 00303.440 as modified by SI 00502.115C.1.a.

Do not verify alien status if the individual is clearly not eligible based on his/her alleged immigration status or DHS documents. Posteligibility reverification is conducted if the alien's status changes, is questionable, or is subject to regular DHS renewal. See SI 00502.115 for verification of status with DHS.

B. Procedure

Cross-refer to SI 00502.153

• Ask the alien claimant/recipient for his/her current immigration status with DHS (in conjunction with questions 9 through 13 of Form SSA-8000-BK, question 13 of SSA-8001-BK, or ALIEN STATUS CODE field on the AALN screen for MSSICS claims). (If a LAPR alien has been in qualified alien status for less than 7 years and might be eligible based on prior status as a refugee, asylee, an alien whose deportation or removal has been withheld, or a Cuban/Haitian entrant per SI 00502.108B., also ask about the prior status.)

• Request and copy the front and back of any DHS documentary evidence in the claimant's/recipient's possession, and document the alleged alien status over the claimant's/recipient's signature. Retain a copy of the evidence used to establish alien status or citizenship in the file in all cases (including MSSICS).

  If the alien presents a fraudulent DHS document, provide a description of the document in the REMARKS portion of the AALN screen (e.g., admission stamp on the I-94 does not agree with the information in the Administrative Confidential Memo (ACM ).

  NOTE: American Indians born in Canada and members of federally-recognized Indian tribes who were born outside the U.S. do not have to be “qualified aliens.” See SI 00502.105 for documentation requirements for American Indians.

• Based on the information provided, proceed as follows:

1. DHS Documents Current

a. Document(s) Meets Qualified Alien Evidence Requirements

• If the document(s) meets the evidence requirements for a qualified alien, then develop other eligibility factors in SI 00502.100A.3. (e.g., 40 qualifying quarters, veteran or military status, or spouse, widow(er) or child relationship to a veteran or military service member, or blind/disabled and lawfully residing in the U.S. on 8/22/96). Document eligibility information over the individual's signature.

• If a qualified alien does not meet one of the other eligibility factors in
  SI 00502.100D., deny the claim (denial code N13). See c. below for input and notice instructions.

  IMPORTANT: In certain cases identified in SI 00502.135 through SI 00502.140, claims must be held unadjudicated until further instructions are received.

• If a qualified alien meets one of the other eligibility factors in SI 00502.100D., issue a manual notice per SI 00502.410B. to supplement the automated award notice. Establish an AT diary, as necessary, to reverify parolee (SI 00502.115A.2.a. and SI00502.140B.4.) or conditional LAPR (SI 00502.115A.1.) status.

• DHS verification is not required if the qualified alien is eligible based on current documents that meet the evidence requirements for the status under consideration.

b. Documentary Evidence of Eligibility Not Conclusive

If the current documents available do not provide sufficient information about immigration status to establish eligibility or are of questionable validity, verify alien status with DHS per SI 00502.115 before adjudication of the claim. (Verify prior status as a refugee, asylee, Cuban/Haitian entrant or alien whose deportation or removal was withheld, if applicable, before adjudication if documents are not sufficient to establish eligibility on that basis.)

EXAMPLE: The individual alleges having asylum status for less than 7 years and presents Form I-688B with appropriate asylum annotation as evidence, but cannot furnish required evidence described in SI 00502.130B.2.

c. Documents Establish Ineligibility

If the individual's DHS document(s) show he/she is not eligible, deny the claim (N13). See See SI 00502.410C.1. through SI 00502.410C.2. for manual notice requirements.

NOTE: If the document appears to be fraudulent, provide a description of the document in the REMARKS portion of the AALN screen.

2. No Current DHS Document

Follow a. or b. below if the individual is unable to furnish any current DHS documentation of immigration status (i.e., documents expired or not available).

a. Alleges Eligible Alien Status or Does Not Know Status

• Refer the individual to DHS for evidence of current alien status. Verify immigration status with DHS before adjudication when required per instructions in SI 00502.115B. Follow instructions in SI 00502.115D.1. to verify immigration status when required.

• Follow usual closeout procedures if the individual does not provide the required DHS evidence. See SI 00601.110.

b. Alleges Ineligible Status

Deny the claim (N13). See SI 00502.410C.1.through SI 00502.410C.2. for manual notice requirements.

3. Attains Eligible Status While Claim Pending

Find SSI eligibility as of the first day in which all factors of eligibility (including citizenship/eligible alien status) are met. Apply the application effective date rules in SI 00601.009 to initial claims filed 8/22/96 or later where the individual attains eligible alien status or naturalizes while the application is pending.

C. References

• Application Effective Date, SI 00601.009

• Evidence of LAPR Status, GN 00303.440

• Notices, SI 00502.400 through SI 00502.500

• Sponsor-to-Alien Deeming, SI 00502.200

• Closeout Procedure - Initial Claims, SI 00601.110

• Documentation, GN 00301.300

• Overpayments, SI 02220.001