305.21 Documentation of BCIS Status (FAM)

Require non-citizens to provide Bureau of Citizenship and Immigration Service (BCIS) documentation of qualified alien status. Family Services Specialists (FSS) are not required to assist an applicant in verifying status.

Types of BCIS non-citizen documentation include:

·         notifications on BCIS letterhead;

·         U.S. stamps on passports; or

·         BCIS computer-printed fee receipts.

Non-citizens may also present documentation not issued by BCIS. Verify all non-citizen documentation following the Verification Information System (VIS) verification procedures as outlined in Section 305.23, Verification of Qualified Alien Status.

Exception: If an individual currently receives Social Security, Supplemental Security Income (SSI) or Medicare benefits, and was approved for the same on or after August 22, 1996, treat this as acceptable proof of citizenship or qualified alien status.

Non-citizens claiming qualified alien status due to battering or extreme cruelty must provide verification that:

·         the violence occurred while the individual was residing in the United States;

·         the batterer was the spouse or parent of the battered non-citizen, or the non-citizen child’s parent was the subject of the battering;

·         the battered spouse or child was residing with the batterer at the time of the incident(s); and

·         the battered individual no longer resides with the batterer.

Accept any reasonable evidence of physical violence against the individual, such as:

·         police reports;

·         information from medical or school personnel;

·         photographs; or

·         signed statements from individuals familiar with the situation.

References: He-W 601.01; He-W 601.05; He-W 606.02; He-W 616.02; 8 CFR 1.2; 8 CFR 101.1; 8 CFR 215.1(a); 45 CFR 233.50; 42 USC 1320b-7(d); 8 USC 1158; 8 USC 1255; 8 USC 1611-1613; 8 USC 1641