PM 06-21-04

(System) Generates the Pending Asylee or Torture Victim 22 Month report of cases that are 22 months old.  The report is sent to the FCRCs that have cases on the report.

(FCRC) When the 22 month report is received, FCRC staff must:

  1. Review the Item 80 code 321PAT date and case documentation to ensure that the date is correct, and to decide what verifications may be needed to determine whether the client qualifies for an extension.
  2. Complete and send Form HFS 360D, Notice to Recipients of Medical Assistance for Applicants for Asylum, to the client at least 45 days in advance. HFS 360D tells the client that their eligibility under this program will expire and that they may continue to be eligible for benefits if they have an appeal pending regarding their application for asylum.
  3. Allow the client 20 days to provide a current letter from their attorney or legal representative confirming that they have an appeal pending with the Department of Homeland Security, and any other requested information. 
  4. Request that the client also provide one of the following documents ONLY if he or she has not already provided either document:
    • Form EOIR-26 Notice of Appeal with Filing Receipt for Appeal, both issued by the U.S. Department of Justice, Board of Immigration Appeals, or
    • Petition for Review of a Board of Immigration Appeals decision stamped by the U.S. Court of Appeals for the Seventh Circuit.
  5. If the client does not respond or does not provide documentation of an appeal pending with the Department of Homeland Security, cancel the case.  Process the cancellation effective for the 25th month from the initial eligibility date in Item 80 code 321 PAT. For example, if the 321 PAT date is 08/07, the case should be canceled effective 08/09.