2.4.1  Verifying U.S. Citizenship or Qualified Non-Citizen Status

2.4.1.1 Presumptive Eligibility for Non-Citizens

2.4.1.2 Handling Missing or Questionable Immigration Documentation

2.4.1.3 Verifying Custodial Parent Relationships for Non-Citizen Children

2.4.1.4 SAVE

When applying for W-2Wisconsin Works, all individuals in the W-2 Group An adult custodial parent, all dependent children with respect to whom the individual is a legal custodial parent and all minor children with respect to whom the adult individual’s dependent child is a custodial parent. W-2 Group includes any non-marital co-parent or any spouse of the individual who resides in the same household as the individual and any minor children with respect to whom the spouse or non-marital co-parent is a custodial parent. W-2 Group does not include any person who is receiving cash benefits under a county relief block grant program. This is also referred to as the W-2 Assistance Group (W-2 AG) must verify U.S. citizenship or qualified non-citizen status.

When verifying U.S. citizenship or qualified non-citizen status:

• U.S. citizenship only needs to be verified once. (See 4.1.2 for allowable documentation.)

• If an applicant is not a U.S. citizen or national, they must provide immigration documentation that the W-2 agency must verify through SAVESystematic Alien Verification for Entitlements.

• The Non-Citizen Eligibility Documentation appendix lists documents that can be used to verify qualifying status. The W-2 agency cannot specify which type of document an applicant must present to show their immigration status.

All documents issued by United States Citizenship and Immigration Services (USCIS) The federal agency that oversees lawful immigration of foreign nationals who are temporarily or permanently settling in the U.S. See also INS. containing a photo serve as verification of identity and immigration status.

2.4.1.1 Presumptive Eligibility for Non-Citizens

Once an applicant provides documentation identifying their status as a qualified non-citizen, they are presumptively eligible for W-2 until the FEPFinancial and Employment Planner verifies their status through SAVE.

The FEP must not delay or deny the applicant’s eligibility for W-2 based on the applicant’s immigration status while verification is pending.

If an applicant’s immigration status has already been verified through the FDSHFederal Data Sources Hub, this is considered valid for W-2, and the FEP does not need to request additional documentation or reverify through SAVE.

A non-citizen’s immigration status may change over time. The table below outlines the required verification steps based on FDSH verification.

FEPs should not update the immigration status code of individuals who were previously verified as a:

• Refugee;

• Asylee;

• Cuban/Haitian entrant;

• Individual granted withholding of deportation/removal;

• Victim of trafficking; or

• Iraqi or Afghan special immigrant.

Individuals in these statuses are exempt from the five-year ban on certain public benefits even if their immigration status later changes, and updating the immigration status code could cause the individual to incorrectly lose eligibility for the benefits. For example, a refugee whose immigration status changes to Lawful Permanent Resident should remain coded as a refugee.

2.4.1.2 Handling Missing or Questionable Immigration Documentation

The FEP must presume an applicant has the immigration status they claim until the applicant has the opportunity to present the appropriate documentation, when:

• An applicant does not present documentation, and their status has not been verified through the FDSH; or

• An applicant presents a document that:

• • Does not appear to be official;

  • Does not apply to the person presenting it; or

  • Is expired.

If the applicant does not have documentation of their immigration status, the FEP should refer the individual to the local USCIS office to obtain it.

The FEP must make every effort to assist in obtaining the required documentation in cases where:

• The participant is hospitalized or medically disabled;

• The participant can demonstrate good cause for their inability to present documentation; or

• Securing such documentation would constitute undue hardship for the participant.

 2.4.1.3 Verifying Custodial Parent Relationships for Non-Citizen Children

Children of non-citizen adults receive their own USCIS documentation, which does not verify their relationship to family members. The FEP must verify custodial parent relationships of non-citizens using the same procedures used for U.S. citizens. (See 2.3.1)

2.4.1.4 SAVE

The Systematic Alien Verification for Entitlements (SAVE) is the federal system used to verify an applicant’s immigration status.

 To acquire access to the SAVE system, W-2 workers must submit the CARES Automated Systems Access Request (F-00476) form to the CARES Security staff. Not all workers are allowed access to the SAVE system.

Workers can access SAVE through:

• The Immigrant/Refugee Information page in CWW; or

• The SAVE website.

The manual for using this system and for verifying alien status is located at: https://prd.cares.wisconsin.gov/help/ph/process_help/h82/82.htm.

History: Release 25-03; Release 19-03; Release 18-04; Release 14-03.