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•
Medical coverage and/or health care services are needed to
replace medical coverage of health care services the immigrant
had when living with the abuser.
The federal immigration agency, USCIS, determines whether an
immigrant meets the requirements to be a “battered immigrant”, as
explained above. The worker should refer to Attachment D-1
“Documentation Guide Immigrant Eligibility for Health Coverage in
New York State” for the types of USCIS documents these immigrants
will have.
E. VERIFICATION OF QUALIFIED IMMIGRANT STATUS
All applicants for Medicaid (except those applying only for the
Prenatal Care Assistance Program (PCAP) or the treatment of an
emergency medical condition) must provide proof of citizenship or
must demonstrate or document “satisfactory immigration status”, and
verify that status with a United States Citizenship and Immigration
Services (USCIS) document. Satisfactory immigration status is an
immigration status that does not make the individual ineligible for
benefits under the applicable program. Most qualified immigrants
will have a “Green Card” (I-551), or an Arrival/Departure Record (I-
94) or an Employment Authorization Document (EAD). The following
USCIS documents can be used to verify Qualified Immigrant status:
•
Permanent Resident Card USCIS FORM I-151, I-551-“Green Cards”:
“Green Cards” (although no longer green in color) are issued to
immigrants who have been granted permanent resident status in the
United States. They retain this status while in this country.
The green card contains two dates, the “Card Expires” date and
the “Resident Since” date. The Card Expires date indicates when
the card expires and must be renewed. It does NOT indicate that
the immigrant’s status has expired. The immigrant retains
his/her status as Lawful Permanent Resident (LPR) while in this
country.
The Resident Since date is the date on which the immigrant
acquired lawful resident status. It is not the “date of entry”
required for WMS input. The date of entry is not indicated on
the green card.
NOTE: The Date of Entry (DOE) is of particular importance to the
eligibility worker because the date will determine whether
federal financial participation is available. The worker should
record the date of entry in WMS.
For the purposes of obtaining Medicaid benefits, an I-151 or I-
551 that contains an expired date is acceptable documentation of
lawful permanent resident status. Although the USCIS requires
that the individual simply renew the I-551, this is not a
quirement for the purpose of applying for Medicaid.
re
No other form of documentation of U.S. residence status is
required if an individual has either of these documents.
Date: October 26, 2004
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Arrival/Departure Record USCIS FORM I-94:
Every immigrant who has been granted permission to enter the U.S.
by an Immigration Inspector at an authorized Port of Entry is
issued an Arrival/Departure Record, USCIS Form I-94.
An Arrival/Departure Record will take one of two forms, it can be
either:
- An I-94 stamp in the immigrant’s passport (the “I-94” stamp
is annotated with the appropriate code); or
- A white I-94 card, the bottom of which is stapled to a page
in the immigrant’s passport.
This document includes the date of entry, how long the person may
remain in the U.S. and the terms or codes of admission.
NOTE: The Date of Entry (DOE) is of particular importance to the
eligibility worker because the date will determine whether
federal financial participation is available. The worker should
record the date of entry in WMS.
If the only document presented by the applicant is the I-94, the
LDSS worker must refer to the desk guide “Key to I-94 Arrival
Departure Record” (Attachment D-4 of this directive) to determine
if the I-94 code is one that establishes the immigrant status.
For example: If an individual presents an I-94 card coded “207 or
REFUG”, the worker would look on the desk guide entitled “Key to
I-94 Arrival Departure Record” under the code column for the code
“207 or REFUG”. The “meaning” column indicates this individual is
a Refugee, as illustrated below:
KEY TO I-94 ARRIVAL DEPARTURE RECORD
PERSONS FLEEING PERSECUTION
CODE
MEANING
203(a)(7) Conditional
entrant
207 or REFUG
Refugee
208 Asylum
243(h) or
241(b)(3)
Withholding of deportation or removal
AM 1, 2, 3
Amerasian
Date: October 26, 2004
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Next, the worker must refer to the desk guide “Documentation
Guide
,
Immigrant Eligibility for Health Coverage in New York
State” (Attachment D-1 of this directive) to determine further
the immigrant’s status and appropriate Alien/Citizenship
Indicator Code (ACI), as illustrated below:
DOCUMENTATION GUIDE: IMMIGRANT ELIGIBILITY
FOR HEALTH COVERAGE IN NEW YORK STATE
Category
Documents
WMS ACI
code
Refugees
►I-94 or passport with annotation
“Section 207” or
“refugee”
►I-551 coded R8-6, RE6, RE7, RE8,
or RE9
►I-571 Refugee Travel Document
►I-688B or I-766 coded
274a.12(a)(3) or A3
R
•
Employment Authorization Documents (EAC and EAD) USCIS FORMS
I-688B, I-766:
If the USCIS permits an immigrant to work legally in the U.S., an
Employment Authorization Document or Card (EAD or EAC) will be
issued. Permanent residents, PRUCOLs and individuals waiting for
an adjustment of status can all apply for and may be issued such
documents.
An Employment Authorization Document (EAD) Form I-688B is issued
to immigrants who are not permanent residents but have been
granted permission to be employed in the U.S. for a specific
period of time. (This may include foreign students, visitors on
business or pleasure and certain other visa holders).
An Employment Authorization Card (EAC) Form I-766 is a newer
version similar to a credit card document. Both the I-688B and
the I-766 have a “category” section that indicates the
immigration status code when issued.
The status code indicated in the category section of the EAD or
EAC must be checked on the desk guide Attachment D-3 “Key to I-
766, I-688B, Employment Authorization Documents (EADs)” to
determine the individual’s immigration status and type of health
benefit they may be eligible for.
Because an EAD/EAC can be issued to non-immigrants it can not
stand alone. Therefore, an eligibility worker must look at
additional documentation to establish immigrant status.
An expired EAD or EAC alone is not acceptable proof of
immigration status because these forms may be issued to
nonimmigrants. If used, an expired EAD or EAC must be
accompanied by other supporting USCIS
document(s).
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