1310 Citizenship/Alienage | TANF

Georgia Division of Family and Children Services
TANF Policy Manual

Policy Title:

Citizenship/Alienage

Effective Date:

May 2023

Chapter:

1300

Policy Number:

1310

Previous Policy Number(s):

MT 71

Updated or Reviewed in MT:

MT-72

Requirements

A recipient of TANF must be a United States citizen or establish United Stated Citizenship and Immigration Service (USCIS) status as a lawfully admitted qualified alien.

Basic Considerations

Definition of Citizenship

A U.S. citizen is an individual who meets one of the following conditions:

was born in one of the 50 states, the District of Columbia, Puerto Rico, Guam, or the U.S. Virgin Islands (St. Thomas, St. John and St. Croix), unless born to a foreign diplomat;
was born abroad to two U.S. citizens, and at least one of the parents lived in the U.S. prior to the child’s birth;
was born abroad in wedlock to one U.S. citizen, and
- the individual was born on or after November 14, 1986, and the citizen parent lived at least five years in the U.S. before the individual was born, and at least two of those five years in the U.S. were after the citizen’s parent’s fourteenth birthday; or
- the individual was born before November 14, 1986, and the citizen parent lived at least ten years in the U.S. before the individual was born, and at least five of those ten years in the U.S. were after the citizen’s parent’s fourteenth birthday.
was born abroad out-of-wedlock to a U.S. citizen father and certain conditions are met;
was born abroad out-of-wedlock to a U.S. citizen mother and the mother had previously been physically present in the U.S. or one of its outlying possessions for a continuous period of one year;
has fulfilled the requirements and completed the process of naturalization.

Detailed information on who is a citizen or national at birth can be found in the following sections of the Immigration and Naturalization Act (INA): 301, 302, 303, 304, 305, 306, 307, 308, and 309.

Beginning February 27, 2001, a foreign-born child, including a foreign-born adopted child, who is currently residing permanently in the U.S. automatically acquires U.S. citizenship if certain criteria are met.

The criteria are as follows:

the child must have at least one U.S. citizen parent (by birth or naturalization);
the child must be under 18 years of age;
the child must be currently residing permanently in the U.S. in the legal and physical custody of the U.S. citizen parent;
the child must be a lawful permanent resident;
if adopted, the child must meet the requirements applicable to adopted children under immigration law.

Acquiring citizenship automatically means that there is no need to apply for citizenship. A child who was under the age of 18 and had already met all of the above requirements as of February 27, 2001, automatically acquired citizenship on that date. Children who did not meet all the above requirements on that date will acquire citizenship automatically on the date the child meets all of the above requirements.

Verification of Citizenship

Verify US citizenship using one of the following documents:

Primary Sources:

Birth certificate
Certificate of Citizenship (N-560, N-561)
Naturalization certificate (N-550) (N-570)
Report of Birth Abroad of U.S. Citizen (Form FS-240, FS 545, DS 1350)
U.S. Citizen I.D. card (I-197)
U.S. Passport or passport card
Consular report of birth
American Indian card (I-872), first issued by INS, now known as the United States Citizenship and Immigration Services (USCIS) in 1983
Northern Mariana Primary I.D. card (I-873), issued prior to 1986 and to applicants born prior to 11/3/86 by INS
Social Security Number (SSN) issued prior to 6/30/48

Secondary Sources:

Court records of parentage, juvenile proceedings, or child support indicating place of birth
Property records verifying U.S. citizenship status
Religious record of birth recorded in the U.S. or its territories within three months of birth. The document must show either the date of birth or the individual’s age at the time the record was made.
Any document that establishes place of birth or U.S. citizenship such as records from SSA, VA, local government agencies, hospitals, clinic’s record of birth or parentage.
Evidence of civil service employment by the U.S. government before 6/1/76.
School records showing the date of admission to the school, the child’s date and place of birth, and the name(s) and place(s) of birth of the parents(s)
Census record showing the name, U.S. citizenship or a U.S. place of birth, and date of birth or age of the individual
Adoption Finalization Papers showing the child’s name and place of birth in one of the 50 states, the District of Columbia, Puerto Rico, Guam, U.S. Virgin Islands (St. Thomas, St. John, St. Croix), Northern Mariana Islands (Saipan, Rota, Tinian), American Samoa, or Swains Island.

A Third-Party Collateral Statement of a person who has knowledge of an individual’s place of birth (used only when no other method of verification is available)

Refusal to verify citizenship results in an automatic determination of not meeting the citizenship requirements.

An individual who does not meet the citizenship requirement is ineligible to be included in the AU.

Refer to page 1310-12, Ineligibility, for the treatment of ineligible and penalized SFU members.

Good Cause

Good cause may be established when it is determined that the AU has made every effort to obtain citizenship verification but has been unable to provide the documentation by the verification deadline. The county department must make every effort to assist the AU in obtaining documents needed to verify citizenship.

Good cause is granted for 90 days.

Good cause reasons include but are not limited to the following:

Inability of the AU to obtain documents from a hospital or the vital records department because the AU was not born in Georgia
Financial hardship
Personal property loss due to fire, flood, or other natural disaster

If good cause is established at initial application OR is established when an individual is added to the AU, then document the following information:

The AU’S reason for not verifying citizenship;
The reason and period for granting good cause;
The assistance provided to the AU in obtaining verification Include the individual in the AU.

If the individual meets the citizenship requirement during the good cause period, then document the following information:

That the citizenship requirement has been met;
The date and source of verification provided by the AU.

Expiration of Good Cause Period

If the good cause period has expired and the AU has not provided verification, then the individual is ineligible to be included in the TANF AU.

Refer to Section 1670, Budgeting the Income of a Penalized Individual.

Alien Categories

An individual who is not a U.S. citizen is an alien. The USCIS categorizes aliens in the following ways:

An immigrant alien is an individual admitted to the U.S. for lawful permanent residence. Included in the immigrant alien category are refugees, Cuban/Haitian Entrants, asylees, parolees, persons granted amnesty, Iraqi and Afghan aliens who are granted special immigrant status and conditional entrants.
A non-immigrant alien is an individual admitted to the U.S. for lawful temporary residence, including one admitted under employment authorization. Also included in the non-immigrant alien category are tourists, visitors, foreign students and diplomats.
An undocumented alien is an individual who is not in the U.S. lawfully, who is residing in the U.S. without INS documentation, or who is in violation of the terms of a non-immigrant visa entering the U.S. legally.

A non-immigrant or undocumented alien can never be eligible for TANF. An immigrant alien who is a qualified alien is potentially eligible for TANF.

Refer to Section 1626, Budgeting the Income of an Ineligible Parent.

Qualified Aliens

A qualified alien is an alien who is legally residing in the U.S. and meets one of the following criteria:

Lawful Permanent Resident (LPR) under the INA – individuals who have been admitted for permanent residence into the United States, which may include “Sponsored Aliens”.

LPR status is granted to Amerasian immigrants defined under section 584 of the Foreign Operations, Export Financing and Related Program Appropriations Act of 1988. They are immigrants born in Vietnam between January 1, 1962 and January 1, 1976 to Vietnamese mothers and U.S. citizen fathers.

Asylums under section 208 of the INA – individuals physically present in the United States who, if returned to their country of origin, would be under persecution or well-founded fear of persecution.
Refugees under section 207 of the INA – individuals admitted from abroad after they are determined to be under persecution or well-founded fear of persecution in situations of special humanitarian concern to the United States.
Victims of trafficking, as defined by the Trafficking Victims Protection Act of 2000, who has been granted refugee status. Victims of trafficking may hold any immigration status. Victims of trafficking are individuals who have been subjected to (1) sex trafficking where the act is induced by force, fraud, or coercion or the individual induced to perform the act is under 18 or (2) involuntary servitude, bondage, or slavery.

If the victim is age 18 or older, s/he must be certified as willing to assist in the investigation and persecution of the trafficker. The federal Office of Refugee Resettlement issues the victim a letter of certification as trafficking victims.
Parolees under section 212(d)(5) of the INA – individuals who have been granted temporary permission to enter and be present in the United States. Although parolees are legally in the U.S., they have not been granted formal admission into the U.S. When the parole period expires, they are required to leave unless they are eligible to be admitted in a formal status.
Deportees - individuals whose deportation is being withheld under section 243(h) of the INA and was in effect before 4/1/1997 or removal is withheld under section 241 (b)(3) of the INA. This is a discretionary procedure used by USCIS to provide relief from deportation by suspending the enforcement of the immigration law against a particular group of individuals.
Conditional Entrants – individuals granted entry into the U.S. under section 203(a)(7) of the INA as in effect prior to April 1, 1980
Cuban or Haitian Entrants – individuals from Cuba or Haiti who arrived in the U.S. without having undergone normal refugee-type departure proceedings and whose legal status has yet to be determined. Cuban or Haitian Entrants came to the U.S. by boat without proper travel documentation and are potentially eligible to become LPRs through the 1986 immigration Reform and Control Act (IRCA).

Haitians approved for the Haitian Family Reunification Parole Program (HFRP) will enter the U.S. as Cuban/Haitian entrants under section 501(e) of the Refugee Education Assistance Act of 1980,
Battered Immigrant Aliens – Immigrants who are battered spouses, battered children, parent of a battered child, or child of a battered parent with a petition pending under section 204(a)(1)(A) or (B) or section 244(a)(3) of the INA.
Iraqi and Afghan Immigrants – Individuals from Afghanistan or Iraq arriving in the United States after employment with the United States Military or United States based agency in Afghanistan or Iraq. Individuals who have been granted special immigrant status under section 101(a)(27) of the INA.
Afghan Humanitarian Parolees (Non-SI Parolees) - Individuals paroled into the United States under section 212(d)(5) of the INA (8 USC 1182(d)(5). That section gives the Attorney General the discretion to parole individuals in the United States “for urgent humanitarian reasons”. See section below under Afghan Humanitarian Parolees (Non-SI Parolees).
Ukrainian Humanitarian Parolees - Individuals paroled in the United States under section 212(d)(5) of the INA (8 USC 1182(d)(5)). That section gives the Attorney General the discretion to parole individuals in the United States “for urgent humanitarian reasons.” New legislation passed May 21, 2022, under the Additional Ukraine Supplemental Appropriations Act, 2022 (Public Law 117-128) removes the five-year bar for the specified Ukrainian parolees.

Refugee Status for Victims of Trafficking

The Trafficking Victims Protection Act of 2000 (PL 106-386) grants potential eligibility status to certain aliens. An alien who is a victim of severe forms of trafficking is potentially eligible for benefits and services to the same extent as an alien who has been granted refugee status.

A severe form of trafficking is defined as one of the following:

trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act is less than 18 years of age; or
the forceful, fraudulent, or coercive recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of that person being subjected to involuntary servitude, bondage, or slavery.

For TANF eligibility purposes, a victim of a severe form of trafficking is defined as follows:

An adult victim is an individual 18 years of age or older who has been subjected to a severe form of trafficking and has been certified as such by the U.S. Department of Health and Human Services (HHS).
A child victim is an individual under 18 years of age who has been subjected to a severe form of trafficking. A child victim does not require HHS certification of victim status.

The HHS certification letter should be accepted as proof of the client’s status instead of normal INS documentation. A trafficking victim is not required to provide documentation or verification of his/her immigration status.

Authority has been delegated to the Office of Refugee Resettlement (ORR) to conduct certification activities and issue certification letters. The ORR also issues letters other than certification letters to confirm the victim status of children.

The ORR must be called at (202) 401-5510 to confirm the validity of a certification letter (or similar letter for children) presented by an applicant or recipient of cash assistance. The ORR must be notified when an individual who has been given a certification letter applies for TANF.

The certification date on the HHS certification letter serves the same purpose as the entry date on other INS documents. Record the expiration date of the certification letter (or other letter for children) so that a re-determination of alien status can be completed at that time.

Certification as a trafficking victim is not automatic. Certification is the responsibility of the U.S. Department of Health and Human Services. It is not a responsibility of any local or state agency.

Potential Eligibility Based on Status as a Battered Spouse or Child

An alien who is a battered spouse, battered child/ren, parent of a battered child, or child of a battered parent, meets the qualified alien criteria in certain situations solely because of the occurrence of domestic violence.

The Violence Against Women Act (VAWA), passed by Congress in 1994, enables a battered alien spouse and children of a U.S. citizen or an LPR to file a petition on his/her own behalf or on behalf of his/her child in order to obtain lawful permanent residency. Such a petition, filed on behalf of oneself or one’s child, is called a self-petition.

An individual may file a self-petition if one of the following criteria is met:

The individual is a battered spouse married to a U.S. citizen or LPR. An unmarried child under the age of 21 may be included on the petition as a derivative beneficiary.
- The individual is a parent of a child who has been abused by the individual’s U.S. citizen or LPR spouse. The petitioner’s children, if under 21 years of age and unmarried, including those who may not have been abused, may be included on the petition as derivative beneficiaries.
- The individual is under 21 years of age and unmarried and has been abused by his/her U.S. citizen or LPR parent. The individual’s children (under 21 years of age and unmarried), including those who may not have been abused, may be included on the petition as derivative beneficiaries.
- The individual lives abroad and falls into one of the above categories and the abuser is an employee of the U.S. government, a member of the uniformed services of the U.S., or if the abuser has subjected the spouse or child to abuse in the U.S.

A married petitioner must have entered into the marriage in good faith, and not solely for obtaining immigration benefits.

A petitioner, whether married or not, must have resided at some point with the abusive spouse or parent.

A battered immigrant who files a self-petition and who establishes a prima facie case is considered a qualified alien for the purpose of establishing potential eligibility for TANF. INS reviews the self-petition upon receipt.

If the USCIS makes what is called a prima facie determination, the self-petitioner will receive a Notice of Prima Facie Determination, valid for 150 days. In order to verify potential eligibility for TANF, this document must be presented to the case manager prior to approval of the TANF application.

If the self-petition is approved, the USCIS may exercise the option of placing the self-petitioner in deferred action if the self-petitioner does not have legal immigration status in the U.S. Deferred action means that the INS will not initiate deportation proceedings against the self-petitioner. Deferred action decisions are granted in most self-petition cases.

A deferred action is valid for 27 months for an alien if a visa was available on the date that the self-petition was approved. All other deferred action decisions are valid for 24 months beyond the date a visa number becomes available. Extensions of deferred action can be granted by the USCIS if the self-petitioner files a request for an extension.

Date of Entry Criteria

A qualified alien is potentially eligible for federal cash assistance based on the date of entry into the U.S.

A qualified alien who arrived in the U.S. prior to August 22, 1996, if otherwise eligible for assistance under the AFDC program, shall continue to be eligible for assistance under the TANF program upon meeting the same eligibility criteria as any other applicant or recipient.

The following qualified aliens are potentially eligible for TANF regardless of the date of entry:

Asylee under section 208,
Refugee under section 207,
Iraqi and Afghan special immigrants under section 101(a)(27),
a victim of a severe form of trafficking, as defined by the Trafficking Victims protection Act of 2000, who has been granted refugee status,
Deportee whose deportation is being withheld under section 243(h).
Cuban or Haitian Entrant.

Amerasian; or an alien who is one of the following:

a veteran with an honorable discharge who served a minimum of 24 months in the U.S. Armed Forces, or
on active duty (other than active duty for training) in the U.S. Armed Forces, or

the spouse or unmarried dependent child of an individual described in the previous two bulleted statements.

A disabled, adult child who was disabled and dependent on the veteran or active-duty member prior to reaching 18 years of age meets the definition of an unmarried dependent child as it pertains to the statement above.

The following qualified aliens who entered the U.S. on or after August 22, 1996, are ineligible for TANF during the first five years after entry into the U.S.:

a Parolee
A Conditional Entrant
A battered spouse, battered child, parent of a battered child, or child of a battered parent,
- an LPR who does not meet the 40 qualifying quarters criteria.

The Iraqi and Afghan LPRs who are granted Special Immigrant Status are exempt from the 5-year waiting period required for the receipt of federal TANF benefits for a limited time.

Refer to Chart 1310.1 in this section for Determination of alien status.

Afghan Humanitarian Parolees (Non-SI Parolees)

On September 30, 2021, Congress passed the Afghanistan Supplemental Appropriations Act, 2022 (Public Law 117-43), (Public Law 117-180). Section 2502 of this legislation provides that Afghan humanitarian parolees (also known as non-SI parolees) are now eligible to receive federal benefits, including TANF, from the date of enactment.

Afghan citizens and nationals paroled into the US between July 31, 2021, and September 30, 2023;
their spouses or children paroled after December 16, 2022; and
their parents or guardians paroled after December 16, 2022, if the Afghan citizen or national is an unaccompanied child.

On September 30, 2022, Congress passed the Continuing Appropriations and Ukraine Supplemental Appropriations Act, 2023. Division A, section 149(a) of this legislation extended the parole eligibility date to December 16, 2022.

On December 29, 2022, Congress passed the Consolidated Continuing Appropriations Act, 2023 (Public Law 117-328). Division M, General Provision – Title V, section 1501 of this legislation extends the parole eligibility date to September 30, 2023, for Afghan citizens and nationals covered under subsection (a)(1)(A) of section 2502 of Public Law 117-43, from the original parole eligibility date of September 30, 2022. Therefore, Afghan citizens and nationals paroled into the U.S. between July 31, 2021, and September 30, 2023, are eligible for TANF until March 31, 2023, (or the term of parole, whichever is longer) in the same way a refugee is eligible for TANF.

Ukrainian Humanitarian Parolees

On May 21, 2022, Congress passed the Additional Ukraine Supplemental Appropriations Act, 2022 (Public Law 117-128). Section 401 of this legislation provides that Ukrainian humanitarian parolees are eligible to receive federal benefits, including TANF, from the date of enactment. The following individuals are eligible to apply for and receive TANF until the end of their parole term as determined by the Department of Homeland Security, and in the same way a refugee is eligible to apply for and receive TANF:

Citizens or nationals of Ukraine (persons who last habitually resided in Ukraine) paroled into the United States between February 24, 2022, and September 30, 2023, due to urgent humanitarian reasons or for significant public benefit;
Non-Ukrainian individuals who last habitually resided in Ukraine, who DHS has paroled in the United States between February 24, 2022, and September 30, 2023, due to urgent humanitarian reasons or for significant public benefit.
A spouse or child of an individual described in bullet 1 or 2 who is paroled in the United States after September 30, 2023; and
A parent, legal guardian, or primary caregiver of an unaccompanied refugee minor or unaccompanied child described in bullet 1 or 2 who is paroled into the United States after September 30, 2023.

Ukrainian humanitarian parolees who entered the United States between February 24, 2022, and May 21, 2022, have a TANF eligibility date (date of entry) of May 21, 2022. If they entered or will enter the United States after May 21, 2022, their date of TANF eligibility (date of entry) is their date of parole. Ukrainian humanitarian parolees are eligible for TANF benefits and services until the end of their parole term. The general rules of TANF, including limits on the duration of receiving assistance, as specified in a state’s TANF plan, apply to these parolees as they would any TANF recipient.

The sponsor deeming requirement in section 421(a) of PRWORA shall not apply when determining the eligibility and the amount of benefits made available to Ukrainian humanitarian parolees treated as refugees under the Additional Ukraine Supplemental Appropriations Act (AUSAA).

If a Ukrainian humanitarian parolee displaced from Ukraine applies for and obtains Temporary Protected Status (TPS), he or she can continue to receive TANF benefits until the end of his or her parole term. TPS does not cancel out the benefits eligibility granted in the Additional Ukraine Supplemental Appropriations Act, 2022 (Public Law 117-128). However, an individual with only TPS (and not granted parole) is not eligible for TANF federal cash assistance and may not be eligible for other federal benefits.

Qualifying Quarters

A qualified alien admitted as an LPR is potentially eligible for TANF without the five-year period of ineligibility if the alien has worked 40 qualifying quarters, and/or can be credited with 40 qualifying quarters.

The individual can receive credit for a quarter of employment (up to four in a calendar year) to count toward the number of qualifying quarters necessary to be potentially eligible.

A specified minimum amount of annual wages from employment or self-employment must have been reported in order for any quarters during a calendar year to be counted as qualifying quarters. This dollar amount is subject to annual automatic increases. Refer to Step 5 in Determining 40 Qualifying Quarters in this section.

A qualified alien can be credited with all qualifying quarters earned by a current or deceased spouse. Only qualifying quarters earned during the marriage can be credited to the alien. If the marriage has been terminated due to the death of a spouse, qualifying quarters can be credited through the quarter in which the marriage was terminated.

A minor qualified alien can be credited with all qualifying quarters earned by a natural parent (including qualifying quarters earned prior to the child’s birth) through the quarter in which the alien turns 18 years of age.

A minor qualified alien can be credited with all qualifying quarters earned by an adoptive parent (including quarters earned prior to the child’s birth) through the quarter in which the alien turns 18 years of age, provided the adoption occurred prior to age 18.

A minor qualified alien can be credited with all qualifying quarters earned by a stepparent, while the stepparent is married to the child’s natural or adoptive parent, through the quarter in which the alien turns 18 years of age. If the marriage of the child’s stepparent to the child’s natural or adoptive parent ends for reasons other than death, the qualifying quarters earned by the stepparent cannot be credited to the alien.

A qualified alien cannot be credited with a qualifying quarter earned by a child.

No quarter can be credited to a qualified alien for a month in which the alien, parent or spouse received any federal means-tested public assistance during the quarter. To have received is defined as being included in a federal public assistance family unit.

Public assistance includes any of the following:

food stamp benefits
housing
TANF
employment services
support services
childcare
federal energy assistance
subsidized utilities
SSI
Medicaid (other than Emergency Medical Assistance [EMA]).

This list is not all-inclusive.

Public assistance does not include the following:

EMA
public health assistance
foster care
adoption assistance
soup kitchen meals
crisis counseling
short-term shelter
educational assistance
WIA
disaster relief
head start.

This list is not all-inclusive

State-Funded Assistance

Georgia provides cash assistance that is paid solely out of state funds, to a qualified alien who is otherwise eligible for federally funded cash assistance except for the fact that the qualified alien does not meet the date of entry, or the 40 qualifying quarters' criteria established by federal regulations for non-citizens.

Persons receiving state-funded TANF are subject to all TANF rules and requirements including the state determined (established) lifetime limits.

Although Federal law requires a sponsor’s income and resources to be considered when determining eligibility for Federal cash assistance, Georgia has chosen to disregard the sponsor’s income and resources when qualified aliens receive state-funded cash assistance.

An AU, who is receiving state funded TANF benefits, is no longer eligible for those benefits if s/he subsequently qualifies for federal TANF cash assistance. Thus, the state funded TANF must be stopped. In addition, the AU’s eligibility for cash assistance must be determined under the federally funded TANF guidelines.

The sponsor’s income and resources must be considered before approving the federal TANF.

Refer to Section 1632, Sponsored Alien Budgeting, of the policy manual.

Verification of Alien Status

Verify alien status:

at application
when an individual is added to the AU
when the agency becomes aware of a discrepancy, or,
when the A/R’s citizenship status appears questionable.

Ineligibility

A standard filing unit (SFU) member who fails or refuses to cooperate in determining citizenship/alienage status is penalized. Refer to Section 1670, Budgeting the Income of a Penalized Individual.

An SFU member who is unable to verify citizenship/alienage status is ineligible. Refer to Section 1626, Budgeting the Income of an Ineligible Parent.

The agency should make all possible attempts to verify citizenship using resources listed below under the Verification Information System.

A non-SFU member, who fails, refuses or is unable to verify his/her citizenship/alienage status is excluded from the AU.

Verification Information System

The United States Citizenship and Immigration Services (USCIS) is responsible for administering access to information contained in the Verification Information System (VIS). VIS is provided by the U.S. Citizenship and Immigration Services (USCIS) to agencies registered with the Systematic Alien Verification for Entitlements (SAVE) Program. This database is a nationally accessible database of selected immigration status information through the WEB-3 Method. WEB-3 access allows SAVE Program participants to verify the immigration status of non-citizens and certain citizens applying for various benefits.

The WEB-3 Access Method is designed to assist government agencies with eligibility determinations for federal, state and/or local public benefits including TANF.

WEB-3 establishes the legitimacy of alien documentation and provides verification of the status under which an alien has been admitted to the U.S.

Complete WEB-3 procedures to:

establish the alien status of ALL non-citizens
verify the legitimacy of an alien’s documentation
determine the status of an alien whose documentation has been lost or expired
determine if USCIS has assigned a new alien status to the A/R.

SAVE or USCIS Form G-845-S may be used to obtain secondary or additional information to verify alien status.

SAVE access is available through Gateway or the following web address can be used to access the site: save.uscis.gov/Web/vislogin.aspx?JS=YES. SAVE user ID and/or passwords are not required when the system is accessed through Gateway.

SAVE Procedures

Step 1	Access a case in any mode.
Step 2	Update ‘Citizenship' field on the ‘Person Demographics – Details' screen as ‘non-US Citizen'.
Step 3	Navigate to the ‘Alien – Details' screen and update all required information and click ‘Next'.
Step 4	The ‘Save Response' screen is displayed. Click the ‘Submit Initial Verification' button in the Initial Verification Response – Level 1 section.
Step 5	Verification is returned and auto populated in the fields that match the description.

FOR ADDITIONAL VERIFICATION REQUESTS:

There are several reasons for submitting additional verification requests including:

If the system prompts the user to input additional verification
If the system detects potential errors in the required information fields, a screen will be generated to allow you to update your data. To change or reenter information, select the “Request Additional Verification” option at the bottom of the Case Details page to resubmit the query. An additional section will appear to enter more information. Enter additional information.
Click the “Submit Additional Verification” button.

The AVIS system will return the Case Details from the initial results, the additional verification parameters, and the status of the additional verification. A response is returned within 3 to 5 federal working days.

When the response is returned, the “Response Date” field will be populated. If the non-citizen’s immigration status has expired, the “Expires On” field will pre-populate the expiration date.

FOR THIRD-STEP VERIFICATION REQUESTS:

If there is a need for more information (i.e., copy of documents), the VIS system returns a message “Resubmit Doc (Need copy of original).”

To initiate third-step verifications:

Select “Resubmit Verification”.
After the third-step request is made, a browser will open with a pre-populated G-845 PDF, which includes the Verification Case Number. Print out and attach this document and send to the designated Status Verification Office (SVO).

The SVO for Georgia is located in Buffalo, NY. Send a copy of the G-845 and alien documents to SVO at the following address:

United States Citizenship and Immigration Services
10 Fountain Plaza, 3^rd Floor
Buffalo, NY 14202
ATTN: Immigration Status Verification Unit

The Form G-845 is usually returned to the agency within 10 to 20 federal working days from the date of receipt. The SAVE Program Assistance is available to all users Mon. – Fri., 9:00 A.M. to 7:00 P.M. EST (except federal holidays).

For technical assistance, call 1-800-741-5023. The SAVE e-mail address is: SAVE.help@dhs.gov. Currently, SAVE does not contain information about victims of severe forms of trafficking.

The following chart lists alien status categories that may result in eligibility for cash assistance for an alien who meets the category criteria. Documents that can verify USCIS status are also listed. The USCIS has the discretion to change documents and codes and to allow any alien or group of aliens to stay in the U.S. for an indefinite period. DFCS may not be aware of these changes prior to implementation.

Additionally, documents issued by the USCIS may vary by local USCIS office. For example, two aliens with the same immigration status may not have the same document to verify the same status. USCIS status may also be verified by a letter of decision from an immigration judge.

Pursuant to 45 C.F.R. § 400.211, the Office of Refugee Resettlement (ORR) Director is authorized to determine the eligibility period for RCA and RMA by publishing a final notice in the Federal Register. A Federal Register Notice announcing the increase in the RCA and RMA eligibility period from eight months to 12 was published on March 28, 2022.

ORR-DCL-22-12 expands the eligibility period for Refugee Cash Assistance (RCA) from eight months to 12 months for ORR-eligible populations whose date of eligibility for ORR benefits is on or after October 1, 2021. The date of eligibility is also referred to as the date of entry.

Chart 1310.1 - DETERMINATION OF ALIEN STATUS
INS DOCUMENTATION	IF ALIEN STATUS IS	THEN
Resident alien card, passport, visa, I-94, I-181, INSAR-3a or other INS documentation stating “processed for I-551, Temporary Evidence of Lawful Residence”	a lawful permanent resident with 40 qualifying quarters of coverage who entered the U.S.: prior to August 22, 1996	the alien is eligible.
	on or after August 22, 1996	the alien is eligible.
	a lawful permanent resident without 40 qualifying quarters of coverage who entered the U.S.: prior to August 22, 1996	the alien is eligible for state-funded TANF during a five-year period that begins on the date of entry.
	on or after August 22, 1996	After five years from the entry date, the alien is eligible for federally funded TANF
I-94 annotated with Section 207 or paroled as a refugee I-688B annotated with 274a12(a)(3), (a)(4),(a)(10) I-551 or other INS documents with refugee codes: RE1, RE2, RE3, RE6, RE7, RE8, R86, P71, CH6, CU6, CU7, CU8, CU9, CNO, CUP, CNP, M83, Y64	a refugee admitted under Section 207 of INA who entered the U.S.:	the alien is eligible.
	prior to August 22, 1996	the alien is eligible for state-funded TANF during a five-year period that begins on the date of entry.
	on or after August 22, 1996	After five years from the entry date, the alien is eligible for federally funded TANF.
resident alien card, Iraqi passport, I-94, visa IV (special immigrant visa) under category SQ1 and DHS stamp or notation showing date of entry	a lawful permanent resident with special immigrant visa,	The principal Iraqi alien is eligible for a period not to exceed eight months. The 8-month count begins on the date the individual entered the U.S. as a special immigrant LPR.
resident alien card, passport, I-94, visa IV (special immigrant visa) under category SQ2 and DHS stamp or notation showing date of entry	a lawful permanent resident with special immigrant visa,	The spouse of the principal Iraqi alien is eligible for a period not to exceed eight months. The 8-month count begins on the date the individual entered the U.S. as a special immigrant LPR
resident alien card, Iraqi passport, I-94, visa IV (special immigrant visa) under category SQ3 and DHS stamp or notation showing date of entry	a lawful permanent resident with special immigrant visa,	The unmarried child under age 21 years of age of the principal Iraqi alien is eligible for a period not to exceed eight months. The 8-month count begins on the date the individual entered the U.S. as a special immigrant LPR.
DHS Form I-551 (green card) with Iraqi passport showing Iraqi nationality with an IV (immigrant visa) code of SQ6	a special immigrant adjusting visa status	The principal Iraqi alien is eligible for a period not to exceed eight months. The 8-month count begins on the date the status was adjusted to a special immigrant LPR.
P6 Category with DHS Form I- 551 (green card) showing Iraqi nationality (or Iraqi passport) with an IV (immigrant visa) code of SQ7	a special immigrant adjusting visa status	The spouse of the principal Iraqi alien is eligible for a period not to exceed eight months. The 8-month count begins on the date the status was adjusted to a special immigrant LPR.
P6 Category with DHS Form I-551 (green card) showing Iraqi nationality (or Iraqi passport) with an IV (immigrant visa) code of SQ9,	a special immigrant adjusting visa status	The unmarried child under age 21 years of age of the principal Iraqi alien is eligible for a period not to exceed eight months. The 8-month count begins on the date the status was adjusted to a special immigrant LPR.
resident alien card, Iraqi or Afghan passport, I-94, visa IV (special immigrant visa) under category SI1 and DHS stamp or notation showing date of entry	a lawful permanent resident with special immigrant visa,	The principal Iraqi or Afghan alien is eligible. The eligibility period for Iraqi immigrants is not to exceed eight months. The eligibility period for Afghan immigrants is not to exceed Six months. The 8 or 6-month count begins on the date the individual entered the U.S. as a special immigrant LPR.
resident alien card, Iraqi or Afghan passport, I-94, visa IV (special immigrant visa) under category SI2 and DHS stamp or notation showing date of entry	a lawful permanent resident with special immigrant visa,	The spouse of the principal Iraqi or Afghan alien is eligible. The eligibility period for Iraqi immigrants is not to exceed eight months. The eligibility period for Afghan immigrants is not to exceed Six months. The 8 or 6-month count begins on the date the individual entered the U.S. as the spouse of a special immigrant LPR.
resident alien card, Iraqi or Afghan passport, I-94, visa IV (special immigrant visa) under category SI3 and DHS stamp or notation showing date of entry	a lawful permanent resident with special immigrant visa,	The unmarried child under age 21 years of age of the principal Iraqi or Afghan alien is eligible. The eligibility period for Iraqi immigrants is not to exceed eight months. The eligibility period for Afghan immigrants is not to exceed Six months. The 8 or 6-month count begins on the date the individual entered the U.S. as the child of a special immigrant LPR.
DHS Form I-551 (green card) with Iraqi or Afghan passport showing Iraqi or Afghan nationality with an IV (immigrant visa) code of SI6	a special immigrant adjusting visa status in the U.S.	The principal Iraqi or Afghan alien is eligible. The eligibility period for Iraqi immigrants is not to exceed eight months. The eligibility period for Afghan immigrants is not to exceed Six months. The 8 or 6-month count begins on the date the status was adjusted to a special immigrant LPR.
P6 Category with DHS Form I- 551 (green card) with Iraqi or Afghan passport showing Iraqi or Afghan nationality with an IV (immigrant visa) code of SI7	a special immigrant adjusting visa status in the U.S.	The spouse of the principal Iraqi or Afghan alien is eligible. The eligibility period for Iraqi immigrants is not to exceed eight months. The eligibility period for Afghan immigrants is not to exceed Six months. The 8 or 6-month count begins on the date the status was adjusted to the spouse of a special immigrant LPR.
P6 Category with DHS Form I-551 (green card) with Iraqi or Afghan passport showing Iraqi or Afghan nationality with an IV (immigrant visa) code of SI9,	a special immigrant adjusting visa status in the U.S.	The unmarried child under age 21 years of age of the principal Iraqi or Afghan alien is eligible. The eligibility period for Iraqi immigrants is not to exceed eight months. The eligibility period for Afghan immigrants is not to exceed Six months. The 8 or 6-month count begins on the date the status was adjusted to the child of a special immigrant LPR.
I-94 annotated with Section 208 I-688B annotated with 274a.12(a)(5) other INS documents with asylum codes of AS1, AS2, AS3, AS6, AS7, AS8	an alien granted asylum status under Section 208 of INA who entered the U.S.: prior to August 22, 1996	the alien is eligible.
	on or after August 22, 1996	the alien is eligible for federally funded TANF during a five-year period that begins on the date asylum is granted. After 5 years from the date asylum is granted, the alien is eligible for state funded TANF.
I-94 annotated with Section 243(h) other INS documentation from an immigration judge showing that deportation has been withheld	an alien whose deportation is being withheld under Section 243(h) of the INA who entered the U.S.: prior to August 22, 1996	the alien is eligible. the alien is eligible for federally funded TANF during a five-year period that begins on the date deportation is withheld.
	on or after August 22, 1996	After 5 years from the date deportation is withheld, the alien is eligible for state funded TANF.
I-688B annotated with 274a.12(a)(4) or c(11) I-94 annotated with 212(d)(5)	an alien paroled for at least one year under Section 212(d)(5) who entered the U.S.: prior to August 22, 1996	the alien is eligible. the alien is eligible for state-funded TANF during a five-year period that begins on the date of entry.
	on or after August 22, 1996	After five years from the entry date, the alien is eligible for federally funded TANF.
I-94 annotated with 203(a)(7) or other INS document indicating conditional entrant status	a conditional entrant under Section 204(a)(7) of the INA in effect prior to 4/1/1980 who entered the U.S.: prior to August 22, 1996	the alien is eligible.
	on or after August 22, 1996	the alien is eligible for state-funded TANF during a five-year period that begins on the date of entry. After five years from the entry date, the alien is eligible for federally funded TANF.
I-94 annotated with “paroled as a refugee”, Section 207 or married Cuban	a Cuban or Haitian entrant admitted under Section 501(e) of the Refugee Education Assistance Act of 1980 who entered the U.S.: prior to August 22, 1996	the alien is eligible for TANF
	on or after August 22, 1996	the alien is eligible for federally funded TANF during a five-year period that begins on the date such status is granted. After 5 years from the date Cuban or Haitian entrant status is granted, the alien is eligible for state funded TANF.
I-94 annotated with AM1, AM2, AM3 I-551 annotated with AM6, AM7, AM8 Vietnamese Exist Visa, Vietnamese Passport, or US Passport stamped AM1, AM2, AM3	an immigrant with Amerasian status who entered the U.S. either prior to or on or after August 22, 1996 prior to August 22, 1996	the alien is eligible for federally funded TANF during a five-year period that begins on the date of entry.
	on or after August 22, 1996	After five years from the entry date, the alien is eligible for state funded TANF.
any USCIS document that establishes that an alien is lawfully residing in the U.S. and is a battered spouse, parent or child	that of an alien who meets no other category listed in this chart.	the alien is only eligible for state funded TANF during a five-year period that begins on the date of entry. After five years from the entry date, the alien is eligible for federally funded TANF.
no USCIS documentation is available, but an HHS/ORR certification letter or other letter verifies the alien is a victim of trafficking	that of an alien who meets no other category listed in this chart.	the alien is eligible for federally funded TANF during the five-year period that begins on the certification date. After 5 years from the certification date, the alien is eligible for state funded TANF.
Form I-94 noting humanitarian parole (per INA section 212(d)(5) or 8 U.S.C. § 1182(d)(5)) Or Foreign passport with DHS/CBP admission stamp noting “DT” Or Foreign passport with DHS/CBP admission stamp noting Uniting for Ukraine or “U4U” Or Foreign passport with DHS/CBP admission stamp noting Ukrainian Humanitarian Parolee or “UHP” Or Form I-765 Employment Authorization Document (EAD) receipt notice with code C11 Or Form I-766 Employment Authorization Document (EAD) with the code C11	Ukrainian citizen or national who received humanitarian parole (known as a Ukrainian Humanitarian Parolee, or UHP)	the alien is eligible.
Any one of the forms or stamps listed above for UHPs And Documentation of last habitual residence in Ukraine8	A non-Ukrainian individual who last habitually resided in Ukraine and received humanitarian parole	the alien is eligible