Tenn. Comp. R. & Regs. 1240-01-47-.12 - VERIFICATION OF ALIEN STATUS

Verification of alien status must be by the applicant prior to approval.

(1) Required Verification of Alien Status. Aliens identified in 1240-01-47 -10(2) have been lawfully admitted to the US and are therefore eligible for benefits on this basis. They must also meet other eligibility requirements. These aliens will be able to present (or obtain) one of the following types of verification of their status:

(a) Immigration and Nationality Services (INS) Form I-151 or I-551 - Alien Registration Receipt Card or the Re-Entry Permit, a passport booklet for lawful permanent resident aliens.

(b) If an INS Form I-94 is annotated with the letter (A) through (L), this is verification that the alien does not meet citizenship requirements for Families First purposes and is ineligible for benefits. If, however, the alien can present other documentation from INS that he does meet requirements, this will be acceptable. INS Form I-94, Arrival Departure Record, which will be acceptable only if annotated with:

1. Section 212(d)(5) or 243(h) of the Immigration and Nationality Act, or an (S) indicating Haitian Nationals; or

2. One of the following terms and a combination of the following terms:

(i) Refugee;

(ii) Parolee or paroled;

(iii) Conditional entry or entrant; or

(iv) Asylum.

(c) There may be considerable delay (because of methods of issuance) in the receipt of Form I-551 by an alien recently admitted to the US. Passport booklets stamped with the annotation Processed for I-551, Temporary Evidence of Lawful Admission for Permanent Residence will be acceptable verification of eligible alien status.

(d) Unless an Iranian has documentation of status as listed in 1240-01-3-.12(2)(a), (regardless of date of entry to the US) he is not eligible for Families First.

(e) Temporary Resident Card, Form I-688, means that an amnesty alien has been approved for temporary residence. If the form is coded to show the alien was admitted under Section 245A, the alien is not eligible. If the form is coded to show the alien was admitted under Section 210, the alien is eligible until the expiration date stated on the face of the document.

Forms such as I-688A, Employment Authorization Card or Employment Authorization Document (EAD) and I-689 show that an alien has applied for admission. They are not acceptable documents to show that a person has been admitted under an eligible section. In addition, Form I-181-B cannot be used as acceptable verification.

(f) If the INS Form I-94 does not bear any of the above annotations, the alien may state the reason and submit other conclusive verification, such as a notice, letter or identification card that establishes that the alien has been admitted for permanent residence as a legal alien.

(2) Need For Documentation. If the INS Form I-94 does not bear any of the above annotations, the alien may state the reason and submit other conclusive verification, such as a notice, letter or identification card that establishes that the alien has been admitted for permanent residence as a legal alien. Other evidence of eligible status includes:

(a) Verification of the client's classification under Section 101(a)(15), 101(a)(20), 207, 208, 212(d)(5), 243, 249 of the Immigration and Nationality Act; or

(b) Form G-641 (Application for Verification of Information from Immigration and Naturalization Service Records) when it is properly annotated at the bottom by an INS representative that the alien was admitted lawfully for permanent residence or paroled for humanitarian reasons; or

(c) A court order stating that deportation has been withheld pursuant to section 243(h) of the Immigration and Nationality Act;

(d) The client may contact INS or otherwise obtain the necessary verification. If the AG does not wish to contact INS, give the AG the option of withdrawing the application or participating without the ineligible alien. If the client wishes and signs a written consent, the worker will contact INS to obtain clarification of the alien's status.

(3) Inability to Obtain INS Documentation. If an alien is unable to provide any INS document at all, then the worker has no responsibility to contact INS on the alien's behalf. If the proper INS documentation is not available, the alien may state the reason and submit other conclusive verification. The worker shall accept other forms of documentation or corroboration from INS that the alien is classified pursuant to Sections 101(a)(15), 101(a)(7), 212(d)(5), 243 or 249 of the Immigration and Nationality Act or other conclusive evidence such as a court order stating that deportation has been withheld pursuant to Section 243(h) of the Immigration and Nationality Act.

(a) Systematic Alien Verification for Entitlements (SAVE) System Procedures. The SAVE System is the process of verifying the alien's immigration status by validating the alien's INS documents through the Immigration and Naturalization Service (INS).

1. Benefits may not be denied or reduced pending verification of an alien's documentary evidence through SAVE.

2. One of the following SAVE verification procedures must be used to establish an alien's status.

(i) Primary Verification. By telephone, using the INS' Alien Systematic Verification Index (ASVI) data base as the primary verification method.

(ii) Secondary Verification. Complete INS Form G-845 for each applicant who is not a US citizen and submit to INS.

(4) Certification/Approval of Remaining AG Members. Aliens who do not meet requirements as specified will be excluded from the Families First budget and grant. Their income and resources will not be taken into consideration in the determination of eligibility/payment for assistance group members unless the alien is a legally responsible relative of the AG member(s). In the case of an ineligible alien parent, income is deemed to the eligible dependent child using the stepparent deeming formula. If the alien subsequently presents acceptable verification of alien status which results in his/her meeting eligibility requirements, he/she will be added to the AG (and his/her income and resources taken into consideration) effective the date verification is received in the county office. (No new application is required). Payment may be made retroactive to the date of application (but not prior to 10/1/94) if all other eligibility requirements were met as of that date.

Notes

Tenn. Comp. R. & Regs. 1240-01-47-.12

Original rule filed December 2, 1996; effective February 15, 1997. Amendment filed July 5, 2002; effective September 18, 2002.

Authority: T.C.A. §§ 4-5-201 et seq., 71-1-105, 71-3-154(l), Public Acts of 1996, Chapter 950, and 45 CFR 233.50.