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IMA POLICY MANUAL
PART IV: NON-FINANCIAL ELIGIBILITY REQUIREMENTS
DETERMINING WHETHER AN ALIEN 'ENTERED' THE U.S. BEFORE AUGUST 22, 1996 7.8
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Some qualified immigrants are eligible for benefits only if they 'entered' the country before August 22, 1996. For example, all qualified immigrants who entered the country before August 22, 1996 are eligible for TANF and Medicaid while some qualified immigrants who entered after this date are ineligible for these benefits during their first five years in the country.
Determining whether an immigrant 'entered' the U.S. prior to August 22, 1996 can be difficult. Use the following steps.
| Step 1: |
Determine whether the qualified alien entered the U.S. before August 22, 1996 by reviewing immigration documents and printouts obtained through the Systematic Alien Verification of Entitlements computer system. If these documents do not indicate whether the alien entered before August 22, 1996, submit a G-845 and G-845 Supplement to INS (see Exhibit IV-6: G-845 and Exhibit IV-7: G-845 Supplement) and request that the individual provide additional documentation that can establish whether s/he was physically present in the country prior to August 22, 1996.
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| Step 2: |
Determine whether the qualified alien obtained qualified alien status prior to August 22, 1996. If the immigrant obtained qualified alien status prior to August 22, 1996, s/he is considered to have 'entered' the U.S. prior to this date. If s/he did not obtain qualified alien status prior to this date, go to Step 3.
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Step 3:
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If the applicant entered the U.S. before August 22, 1996 but obtained qualified alien status after that date, the alien is only considered to have 'entered' the U.S. before August 22, 1996 if the individual entered the country and was continuously present from the latest date of entry to the date that s/he obtained qualified alien status (see Section 7.8.2: Determining 'Continuous Presence' in this Chapter).
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Methods of Determining Date of Entry 7.8.1
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There are several types of documentation which can demonstrate that an individual entered the country prior to August 22, 1996.
- Immigration Documents: Many immigration documents include date stamps that indicate either the date the individual entered the country or the date the document was issued (see Section 7.11: Verification of Citizenship/Alienage in this Chapter for a description of some of the date stamps that may be found on immigration documents).
- SAVE System: In addition, the SAVE system provides printouts that include an entry called 'Date of Entry.' Unfortunately, INS has informed the Department that this line on the printout does not always refer to the date the individual entered the U.S., but sometimes it indicates the date the individual adjusted his/her immigration status. Thus, if the SAVE printout indicates a 'Date of Entry' that is before August 22, 1996, this can be taken as proof that the individual entered the country prior to this date. However, if the printout indicates a 'Date of Entry' that is on or after August 22, 1996, this cannot be taken as proof the individual entered the U.S. after this date. In such cases, the SSR should submit a G-845 form and the G-845 Supplement form to INS (see Exhibit IV-6: G-845 and Exhibit IV-7: G-845 Supplement). When it receives these forms, INS attempts to locate the alien’s case file and looks through the file to determine date of entry, immigration status, etc. In some cases, the case file may provide a different date of entry than has been entered into the SAVE system.
However, even if the INS returns the forms and indicates a date of entry that is on or after August 22, 1996 and the individual continues to claim that s/he was here prior to that date, the SSR must give the individual an opportunity to present evidence that s/he was in the U.S. prior to August 22, 1996.
- Additional Documentation Provided by Customer: If immigration documents and the SAVE system do not provide evidence that an individual entered the country prior to August 22, 1996 but the customer contends that s/he did enter the country prior to this date, the customer must be given an opportunity to provide additional evidence demonstrating that s/he did enter the country prior to August 22, 1996. Examples of additional information that would demonstrate that the individual had entered the country prior to August 22, 1996 include:
- canceled checks or bank statements from a period before August 22, 1996;
- a rent receipt, lease, mortgage, or other document indicating that the individual maintained a residence in the U.S. prior to August 22, 1996;
- a written statement from an employer, landlord, or social service agency describing the relationship the applicant/recipient had with the statement writer prior to August 22, 1996;
- drivers license issued prior to August 22, 1996;
- written documentation (including a letter from the principal, report card, and so on) from a school showing that a member of the family attended the school prior to August 22, 1996; or
- other reasonable evidence that demonstrates the individual resided in the U.S. prior to August 22, 1996.
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Mr. Sanchez and his two children apply for TANF and Medicaid. Mr. Sanchez and his two children are currently LPRs. Their 'green cards' were issued in 1997. The SAVE system verifies that Mr. Sanchez and his two children are LPRs, but it indicates a 'Date of Entry' of December 1996. However, Mr. Sanchez says that he and his children were in the U.S. prior to August 22, 1996, though they were not yet LPRs. The SSR should file a G-845 form and the G-845 Supplement form with INS. In the meantime, the SSR should encourage Mr. Sanchez to gather any evidence he has that indicates he resided in the U.S. prior to August 22, 1996. Mr. Sanchez brings the SSR a bank statement that covers July 1996 and one of his children’s report cards that covered the 1995-1996 school year. Regardless of the date of entry the INS reports back in response to the G-845 forms submitted, the SSR should accept Mr. Sanchez’s bank statement and school record as proof that the family had entered the U.S. prior to August 22, 1996. | |
Determining 'Continuous Presence' 7.8.2
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Some individuals, such as those on tourist visas, may have entered the country prior to August 22, 1996, but they were not continuously present in the United States. If an alien who currently meets the definition of a 'qualified alien' did not obtain their 'qualified' status prior to August 22, 1996 and traveled to and from the United States but did not establish a continuous presence until after August 22, 1996, the alien is not eligible for benefits on the basis of having entered the U.S. prior to August 22, 1996.
To determine if a person was continuously present prior to August 22, 1996, complete the following steps.
| Step 1: |
Determine the latest date the person entered the country prior to August 22, 1996.
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| Step 2: |
Determine whether the alien had a single absence from the U.S. of more than 30 days between the date of latest entry (prior to August 22, 1996) and the date the individual became a 'qualified' alien. If 'Yes,' the person is generally not considered to have 'entered the U.S.' prior to August 22, 1996 for purposes of eligibility determinations.
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| Step 3: |
Determine whether the alien had cumulative absences from the U.S. of more than 90 days between the date of latest entry (prior to August 22, 1996) and the date the individual became a 'qualified' alien. If 'Yes,' the person is generally not considered to have 'entered the U.S.' prior to August 22, 1996. |
If an individual provides evidence that s/he had established residency (legal or not) in the U.S. but was absent for longer than the standards described in Steps 2 and 3 above for a legitimate reason, such as caring for an ill family member in the individual’s country of origin, the SSR should ask the Office of the Administrator to review the case and make a determination of whether the individual should be considered to have been 'continuously present' prior to August 22, 1996.
If the individual has a passport that shows that s/he left the U.S. and reentered the United States after August 22, 1996, the date stamps in the passport should be used to determine whether the individual was 'continuously present' in the United States. Because of the difficulty in verifying periods of absence from the U.S., if the individual does not have a passport, the agency will accept the attestation of the applicant/recipient as to the amount of time s/he was absent from the country between the latest date of entry prior to August 22, 1996 and the date s/he obtained 'qualified' status. Once the SSR has established that the individual was physically present prior to August 22, 1996 (see Section 7.8.1: Methods of Determining Date of Entry in this Chapter) and the date the customer achieved 'qualified status,' the SSR should ask the customer:
- for the latest date the individual entered the country prior to August 22, 1996; and
- whether the customer left the country between that date and the date s/he achieved 'qualified' status, and if so, how long the individual was absent from the U.S. on those trips.
The SSR should document the answers to these questions in the case file. |
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