3-001.03J Pending Verification of Immigration Status

475 NAC 3-001.03J

An alien is ineligible until acceptable documentation is provided which can be verified through SAVE, unless:

1. The worker has submitted a copy of a document provided by the household to CIS for verification;

CIS Verification: When Form G-845, "Document Verification Request," has been submitted to CIS along with photocopies of the documents the alien has provided, the alien may participate under the federally funded program for up to six months while CIS reviews the documents. The worker should review the response from CIS when received to redetermine the alien's eligibility.

2. The lawful permanent resident (LPR) or the worker has:

a. Submitted a request to SSA for information regarding the number of quarters of work that can be credited to the individual;

b. SSA has responded that the individual has fewer than 40 quarters; and

c. The individual provides documentation from SSA that SSA is conducting an investigation to determine if more quarters can be credited; or

SSA Review of Quarters: To initiate a review of qualifying quarters by the Social Security Administration (SSA):
  1. The alien can call toll-free 1-800-772-1213 from 7 a.m. to 7 p.m. on business days; or
  2. The alien can take his/her records of earnings directly to the local Social Security office for review.
  3. The alien should request a statement from SSA as verification that a review is being conducted.
After the review has been completed, SSA will send a letter to the alien regarding corrections made to the number of qualifying quarters.

3. The applicant or worker has submitted a request to a federal agency for verification of information which bears on the individual’s eligible alien status.

The applicant or worker may find it necessary to contact the Department of Veteran's Affairs to verify an immigrant's status.

During the period of time the alien’s status is under review by the CIS, SSA or another federal agency, the worker cannot delay, deny, reduce, or terminate the individual’s eligibility on the basis of the individual’s immigration status. Pending the outcome of the review, the alien can be certified under the federally funded program for up to six months. The worker must review the alien’s eligibility based on the results of the investigation when received from the federal agency. The alien may be eligible under the federal or state program or may be determined ineligible.

{9/4/02}