Citizenship and Alien Status Requirements for the Medicaid Program

Date:  October 26, 2004 

 

29 

Trans. No.  04 OMM/ADM-7 

 

Page No. 

 

 

When an immigrant applicant has only expired USCIS documentation or 

claims a lawful immigration status, but has lost his/her immigration 

documentation, local districts should follow the appropriate 

procedure outlined below: 

 

•

 

Lost Immigration Documentation 

 

Immigrants claiming a lawful immigration status and who have lost 

their immigration documentation should be referred to the USCIS for 

replacement documentation. Local districts need some verification 

from USCIS of an immigrant’s lawful presence in order to make a 

determination of the immigrant’s eligibility for benefits.  

 

•

 

Expired Immigration Documentation 

 

a.)  Permanent Resident Card 

 

The most common USCIS document used to prove lawful permanent 

resident status (LPR) is the Permanent Resident Card (I-551). 

Commonly called the “Green Card”, an I-551 expires after 10 

years. USCIS began implementing a 10-year expiration period in 

1989 to allow the agency to update photo identification and 

implement new card technologies that will increase the card’s 

resistance to counterfeiting and tampering. Immigrants do not 

lose permanent resident status because their Green Card has 

expired. However, they are required by law to carry evidence of 

their immigration status, such as a valid Green Card or some 

other temporary proof of status provided by USCIS, while a Green 

Card renewal is being processed. 

 

If the only immigration document an immigrant has is an expired 

Green Card, local districts can use it to determine the 

immigrant’s eligibility for benefits. 

 

Many immigrants do not renew their Green Cards because of the 

processing fee. A fee is imposed because federal guidelines 

require the processing of immigration benefits to be self-

supported by filing fees. 

 

USCIS does have discretion to waive any fee, if the applicant 

establishes that he/she is unable to pay the fee.  Information 

on how an applicant can apply for a fee waiver is found on the 

USCIS Web site at:  

http://uscis.gov   

 

b.)  Foreign Passport with a Form I-551 Stamp 

 

It often takes many months for immigrants to actually receive 

their Green Cards. While they are waiting for their card, USCIS 

can provide temporary evidence of permanent residence by 

stamping an immigrant’s passport with an I-551 stamp. 

Immigrants’ passports can also have an I-551 stamp for Green 

Card renewals.  If the I-551 stamp has expired and the immigrant 

has no other immigration documents, districts can use the 

expired I-551 stamp to determine an immigrant’s eligibility for 

benefits.  

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Date:  October 26, 2004 

 

30 

Trans. No.  04 OMM/ADM-7 

 

Page No. 

 

 

c.)  Form I-94 Arrival/Departure Record 

 

The I-94 record is created by USCIS when an immigrant is 

inspected upon arrival in the United States. The I-94 is a 3” X 

5” card that the inspector endorses with the date, place of 

arrival and the class of admission. The card is stamped or 

handwritten with a notation that indicates the immigration 

category or the section of immigration law under which the 

person is granted admission. The words “Employment Authorized” 

may also be stamped on the card. Only immigrants with an 

Arrival/Departure Record (I-94) that has specific satisfactory 

immigration status notations would be eligible for benefits. 

Districts need to carefully note the admitting status on the I-

94 and use the Desk Guide “KEY to I-94 Arrival Departure Record” 

(Attachment D-4) to determine an immigrant’s eligibility for 

benefits. 

 

d.)  Form I-668B or I-766 Employment Authorization Documents (EAD) 

 

These documents indicate that an immigrant or non-immigrant is 

authorized to work in the U.S. Many qualified immigrants are not 

automatically authorized to work in the U.S. by virtue of their 

immigration status. Both these forms indicate an individual’s 

immigration status. If the only documentation an immigrant has 

is an expired EAD, districts may use it to determine the 

immigrant’s eligibility for benefits. EADs are also issued to 

temporary residents who are non-immigrants and are eligible only 

for the treatment of an emergency medical condition.  The 

immigrant’s immigration status on the EAD must be checked 

against USCIS immigration statuses on the Desk Guide “Key to I-

766, I-688B Employment Authorization Document (EAD)” (Attachment 

D-3) to determine benefits for which the immigrant may be 

eligible.  

 

Any time a district must use expired immigration documents for a 

determination of an immigrant’s eligibility the district needs 

to: 

 

•

 

Verify the immigrant’s status by sending a G-845 

(Documentation Verification Request) to USCIS.  The form and 

instructions for filing may be downloaded from the USCIS web 

site at 

http://uscis.gov

.  Go to “Forms and Fees” or by 

following the procedures in 1999-LCM-23 (Implementation of 

the Systematic Alien Verification for Entitlements (SAVE)-

Interim Process). 

http://sdssnet5/otda/directives/1999/LCM/99

 

LCM-23.pdf 

•

 

Advise the immigrant that s/he needs to go to USCIS to renew 

his/her Green Card or other immigration documentation. 

•

 

Use the immigration status on the expired immigration 

documentation as the basis for the immigrant’s eligibility. 

Districts should refer to the attached Desk Guides: 

Attachments B-1, B-2, D1, D2, D-3 and D-4. 

 

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