PM 02-07-03-c
For sources and forms to verify citizen/INS status, see WAG 03-01-00.
For further guidance on recording VTTC status in IES see IES Wizard: Record Non-Citizen Status.
Entering Derivative Family Member (DFM) in IES
Derivative Family Members: spouse (prior to entering the U.S.), child, parent, or sibling under age 18 of the principal victim who is eligible for VTTC.
The principal victim is the HOH in the IES Case, and the family members must have been listed on the Individual Household page.
Applications dated before 6/5/2024 can be filed as a single individual without any derivative family members. Applicants on or after 6/5/2024 must have an accompanying family member to qualify for VTTC benefits.
Note: Applicants without DFMs or otherwise single adults may still qualify for AATV benefits, which do not allow for DFMs.
The principal victim would be the HOH in the IES Case, and the family members included in the principal's application for visa/asylum must be listed on the Individual Household page.
Derivatives who are listed on the principal victim's USCIS application for Asylum, T Visa, or U Visa are eligible for VTTC when the principal victim, who is the head of household VTTC applicant, is found to be eligible.
On the Noncitizen Details screen the individual must be denoted as "Undocumented" for the drop-down selections below to become enabled. This section triggers the eligibility flow for the state-funded noncitizen programs
If the HOH has a spouse (prior to entering the U.S.), child, parent, or sibling under age 18 in the same household, in this same screen, answer YES to the question, "Individual has Derivative Family Members?"
This question belongs to the HOH, who is the principal victim and applicant. For the other family members to be considered for benefits as Derivative Family Members, these steps must be followed. Entering derivative family members under any other member of the household will not trigger eligibility to consider them for VTTC benefits.
Once "YES" is selected, the "Derivative Family Members" page in IES will be enabled upon clicking "Save + Continue".
The IES "Derivative Family Members" page has drop-down selections based upon the household members previously listed on the Individual Household page. There are "Begin" and "End" dates because IES has a check that will prevent the same individual from being a DFM on more than one case.
For further guidance on how to enter Derivative Family Members in IES see IES Wizard: Record Derivative Family Members.
AATV does not allow for Derivative Family Member eligibility.
IES and 90 day Reasonable Opportunity Period for Citizens
IES is programmed to approve medical benefits when the HUB clearance does not verify U.S. citizenship for a person reporting to be a U.S. citizen and the individual meets all other factors of eligibility.
IES and 90 day Reasonable Opportunity Period for Non-citizens
Verification Process
When verification of eligibility criteria is needed at initial application, or when adding a person (other than a deemed newborn) to medical benefits, send a request for information to the applicant as described in PM 02-07-02 and pend the application.
If after the initial request for information the required documentation is not provided, or additional proof is needed to verify the status through the federal data Hub for a person reporting to be a qualified non-citizen, approve medical benefits if the person meets all other eligibility criteria. Allow 90 days for the person to provide the proof or resolve the issue with USCIS.
IES Screens
On the "Non-Citizen - Details" page, a drop down "Qualified Immigration Status Pending (90 days)" appears below the "Non-Citizen Admission Status" drop down. The drop down has the following values:
- (Blank) - default value
- Yes
- No
When the "Non-Citizen Admission Status" of 'Documented' or 'Unknown' are selected, and 'Qualified Immigration Status Pending (90 days)' is 'Yes', the 'Non-Citizen Type / Document' and 'Non-Citizen Type Verification' fields become mandatory.
- Example 1: In June 2015, Mr. D applies for medical benefits and reports to have obtained legal permanent resident status in January 2010 and provides an alien ID number. The HUB verify lawful presence (VLP) clearance is unable to confirm the applicant's immigration status. Use Web-based Systematic Alien Verification for Entitlements (SAVE) to verify immigration status. If the information needed in SAVE to submit is not available, send a VCL to obtain it. If all other proofs are provided, and the applicant is otherwise eligible, select Non-Citizen Admission Status = Documented, and Qualified Immigration Status Pending (90 days).
When the Non-Citizen Admission Status 'Unknown' is selected, and 'Qualified Immigration Status Pending (90 days)' = Yes, the 'Non-Citizen Type/ Document' and 'Non-Citizen Type Verification' drop downs will be enabled and made mandatory. Other fields on the screen are disabled.
- Example 2: In June 2015, Ms. G applies for medical benefits and reports to have obtained legal permanent resident status in January 2014, after having entered the U.S. in 2012 as a refugee. She recently had a house fire and does not have any immigration documentation, and she does not know her alien ID number. We are unable to run a VLP clearance at this time. If all other proofs are provided, and the applicant is otherwise eligible, select Non-Citizen Admission Status = Unknown, and Qualified Immigration Status Pending (90 days).
When the 'Qualified Immigration Status Pending (90 days)' is selected the following things will happen:
- Eligibility for medical benefits will not be denied for lack of non-citizen status verification if all other criteria are satisfied.
- When the medical EDG is certified, a Verification Check List (VCL) is created with a due date that is 90 days out for this individual.
- After the 90-day reasonable opportunity period, when the worker runs eligibility, the medical benefits will be denied if the VCL record is not cleared or extended.
