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VERIFYING LAWFUL PERMANENT RESIDENCE

ISSUE DATE: 12/2014

For eligibility purposes, see 0011.03.12 (Non-Citizens - Lawful Permanent Residents).

The following documents indicate a non-citizen is a Lawful Permanent Resident (LPR):

I-94 cards or a foreign passport endorsed with "Processed for I-551 as Temporary Evidence of Admission for Lawful Permanent Residency" or the term "Resident Alien". The LPR will only have an I-94 card until U.S. Citizenship and Immigration Services (USCIS) processes the I-551 card (4-6 months after application).

An unexpired Permanent Resident Card (formerly known as a "green card") form I-551.

An unexpired Conditional Resident Alien Card - I-551.

An unexpired Re-Entry Permit - form I-327.

A private bill enacted by the United States Congress indicating permanent resident status.


Inform immigrants without documentation, who say they are not undocumented, that they must provide USCIS documentation. Failure to provide verification results in ineligibility for the non-citizen household member(s) only. For MFIP, if they refuse to provide the verification the entire unit is ineligible.


Children who are LPRs, under age 18 automatically acquire naturalization through their parents by meeting 1 of the following categories:

Both parents become naturalized.

The naturalization of the surviving parent, if 1 of the parents is dead.

The naturalization of the parent having legal custody of the child, when there has been a legal separation of the parents.

The naturalization of the mother, if the child was born out of wedlock and the paternity of the child is not established by adjudication.


Children over the age of 14 must take the oath of allegiance or they are not granted citizenship.

Children deriving citizenship automatically through their parents do not necessarily have documents verifying their status. Do not require verification of naturalization for the children if you have the parent's documents.


MFIP, DWP, SNAP, GA:

Verify immigration status for people who report non-citizenship.

Identify LPRs whose sole entrance reason is because someone petitioned for their entry into the United States. The name of the sponsor will not be on the immigrant's I-94, or temporary or permanent I-551. However, most codes on the card beginning with an I, C, or P indicate an LPR entered because someone petitioned for the LPR's entrance. See 0010.18.15.03 (Lawful Permanent Resident: USCIS Class Codes).

Verify honorable discharge status with United States Military Discharge Certificate Form DD-214 or other evidence to show character of service as honorable. If the narrative for the discharge entry is based on lack of citizenship or other non-citizenship reason, there is no eligibility.

Verify active duty in the Armed Forces with green service identity card United States Form DD-2 or red service identity card and a copy of a current order showing active duty (other than active duty for training purposes).

Verify the status of LPRs who were originally admitted as refugees or asylees. The I-551 card will show the following codes denoting their status before the adjustment: AS6, 7, 8; IC6, 7; RE6, 7, 8 or RE86; Y1-16 and Y64. See 0010.18.15.03 (Lawful Permanent Resident: USCIS Class Codes) for more information. The I-551 card will have the date of admission to the United States.

Verify tribal membership for non-citizen American Indians who declare tribal membership in a tribe whose members are eligible for programs provided by the United States. This includes those who were born in Canada or Mexico and are entitled to freely cross the United States borders into Canada or Mexico. Use a tribal membership card that shows membership in a specific tribe. If no card is available, contact the specific tribal offices to verify the membership. If it is uncertain that a specific tribe is eligible for programs provided by the United States, contact either the tribal office or the United States Bureau of Indian Affairs (BIA) for verification. Obtain a signed authorization from the client before making the contact.

Verify the birth of American Indians born in Canada. They should have an unexpired I-551 with code S-13, an unexpired I-551 stamp in a Canadian passport or an I-94 with code S-13, or a letter or tribal document certifying 50% Indian blood along with a birth certificate or other satisfactory evidence of birth in Canada.

Verify tribal membership, date of birth, and relationship of an individual, spouse, unremarried surviving spouse (must not be divorced from the individual), or a minor child of a Hmong or Highland Laotian tribe member who is lawfully residing in the United States and was a member of that tribe at the time the tribe rendered assistance to United States personnel by taking part in a military or rescue operation during the Vietnam era (8-5-64 - 5-7-75). Acceptable documentation may consist of unexpired I-551 or other USCIS documentation. The USCIS documentation will be coded as 1 of the following: RE1, RE2, RE3, RE6, RE7, RE8, RE86, IC6, or IC7. A Refugee Data Center (RDC) list contains information on eligible Hmong and Highland Laotian refugees who entered the United States after 1979. Exclusion from the list is not reason for denial. If you are unable to verify, have client sign an affidavit. An applicant is ineligible as a tribal member if his/her birth date is AFTER 5-7-75, unless he/she is a spouse, unremarried spouse, or minor child of an eligible tribal member.


MSA:

Verify immigration status if the client is not eligible for SSI solely due to excess income.


GRH:

Follow MSA for aged, blind, and disabled participants. Follow MFIP for all other adults.

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