Applicants/recipients who are identified as non-citizens on their application shall be required to document and verify their non-citizens status. The agency shall determine if the person is a non-citizen who may be eligible to receive assistance. Only those non-citizens who are residents and meet one of the categories of eligible non-citizens status described in 2142 may participate.
The agency may not request verification of eligible non-citizen status from the applicant or recipient if that information is available through an available resources. The agency shall make every effort to verify the non-citizen status through those resources. Verification is accomplished through the Department of Homeland Security, and additional verification steps may be necessary. The KEES system and the SAVE process are used to obtain the information. Verification is not requested for non-applicants.
Reserved
If the alien is unable to provide any documentation of their status, the agency shall advise the individual to contact the nearest USCIS office for verification.
If documentation of an eligible status is received at a later date, the agency shall act on the information as a reported change in accordance with timeliness standards for these changes. See 9121.1 as appropriate.
The immigration status of all alien clients must be verified through the Non-Citizen VLP (Verify Lawful Presence) through the Federal Hub (including subsequent Systematic Alien Verification for Entitlements (SAVE)) program which is operated by Department of Homeland Security (DHS). (See 2146.6)
Detailed instructions on primary and secondary verification procedures are contained in the A-10, Systematic Alien Verification for Entitlements (SAVE) Program Guide. No action to deny, reduce, or terminate benefits may be taken based solely on information obtained from DHS through the SAVE primary verification system.
NOTE: Secondary verification should be requested when the individual's entrance date is in question. For individuals adjusting status to legal permanent resident, the primary web-based verification system will communicate the date of adjustment rather than the original date of entrance. The secondary system will always provide the original date of entrance.
The results of the SAVE verification queries must be retained indefinitely in the case record along with copies of the immigration status documentation provided by the alien.
Reserved
The following provisions apply when an applicant or recipient declares legal non-citizen status but is unable to provide verification of the status. For information pertaining to citizenship, see 2145.4.
The agency may not request verification of legal non-citizen status from the applicant or recipient if that information is available through an available resource. The agency shall make every effort to verify the legal non-citizen status through those resources. The KEES system and the SAVE process is used to obtain the information. Verification is not requested for non-applicants. The following automated and manual verification resources shall be utilized:
NOTE: For citizenship verifications, see 2145.2.
The Non-Citizen Verify Lawful Presence (VLP) process through the Federal HUB (including subsequent SAVE processes).
NOTE: If the individual already has a DCF-verified record that results in an eligible alien/immigration status and does not reflect a change in immigration status, this would also be considered a Tier 1 verification. See also 1322.1 (2).
The manual SAVE (Systematic Alien Verification for Entitlements) process - Should the agency be unable to verify non-citizen status through Tier 1, additional research is required. Detailed instructions on primary and secondary verification procedures are contained in the SAVE user manual (see KDHE Eligibility Policy Appendix A-10). No action to deny, reduce, or terminate benefits may be taken pending the results of a SAVE verification.
NOTE: Secondary verification should be requested when the individual's entrance date is in question or if the VLP interface is failing. For individuals adjusting status to lawful permanent resident, the primary web-based verification system will communicate the date of adjustment rather than the original date of entrance. The secondary system will always provide the original date of entrance.
Research by the agency - If the agency has been unable to verify non-citizen status through the available automated and manual interfaces, staff shall review the case file and imaged documents to determine whether a hard copy has already been provided. Verification through the automated systems (VLP) may be attempted again if additional information is found in the file that will assist in the process.
Contact with the applicant or recipient - If the agency is unable to verify non-citizen status via any of the means above, verification shall initially be waived and a Reasonable Opportunity Period (ROP) applied as described below. The individual shall be contacted to provide verification and notified of the Reasonable Opportunity Period (ROP).
Reasonable Opportunity Period (ROP) for Non-Citizens - An application shall not be delayed or denied because the agency was unable to verify non-citizen status. If otherwise eligible, the application shall be processed and approved granting a reasonable opportunity period (ROP) to the individual to provide the verification. The ROP shall be three (3) calendar months commencing from the date of approval. If prior medical assistance has been requested and the individual is otherwise eligible, coverage shall be approved for the prior months as well.
The following processes shall be utilized:
NOTE: An extension of the ROP will be provided if the individual is making a good faith effort to resolve any inconsistencies or obtain necessary documentation, or if the agency needs more time to complete the verification process through the Federal Data Hub or Verification of Lawful Presence (VLP) interfaces. A decision to extend the period must be thoroughly documented and supported in the case file.
If proof of legal non-citizen status is provided, the ROP ends and additional information is not necessary.
If the individual fails to provide verification (or the agency is unable to independently verify) by the end of the ROP, coverage shall end allowing for timely notification. If verification is provided within the month after the month coverage ends, eligibility may be reinstated without a new application/request.
The following examples illustrate:
Example 1: The agency is unable to verify legal non-citizen status for an applicant for medical assistance. Since the individual is otherwise an eligible non-citizen and eligible, assistance is approved on August 7th with notification that verification must be provided by November 7th. Verification is provided within the ROP on September 30th. Eligibility continues without interruption.
If the individual failed to provide verification (and the agency was unable to independently verify) by November 7th, coverage would end effective November 30th (assuming action was taken by timely notice deadline).
Example 2: The agency is unable to verify legal non-citizen status for an applicant for medical assistance. Since the individual is otherwise an eligible non-citizen and eligible, assistance is approved on September 29th with notification that verification must be provided by December 29th. The recipient fails to provide verification within the ROP. Coverage ends effective January 31st.
If the individual provides verification by February 28th (the month after the month coverage ends), eligibility may be reinstated without a new application/request for assistance. If verification is provided after February 28th, a new application/request is required.
Reserved