P524 Determining If a Customer Has Met the 5-Year Bar

 

Program

Manual Section

All Programs

MA524B

 

Procedures

Follow the steps below for qualified noncitizens when HEAplus cannot automatically determine whether the 5-year bar is met:

Step

Action

1

Review the case file and eligibility systems for information about the customer’s noncitizen status. Request any proof needed.

2

Review the SAVE/VIS response in HEAplus and any immigration documents in the case file.

Is the grant date on the SAVE response 5 or more years in the past OR is there a Battered Noncitizen approval (including prima facie) dated 5 or more years in the past?

  • If YES, STOP. The customer is a qualified noncitizen. Manually verify the factor.

  • If NO or there is no grant date, continue to step 3.

3

Go to the “Qualified Immigration Clarifying Questions” screen and review the prior qualified status question.

Did the customer claim a prior qualified status?

  • If YES, continue to step 4.

  • If NO, STOP. The customer has not met the 5-year bar.

4

Did the customer select “Lawful Permanent Resident (LPR), Parolee or Battered noncitizen”?

  • If YES, continue to step 5.

  • If NO, STOP. Review the case file for proof of the prior qualified status. Request proof if needed.

5

Review the case file to see if there is proof of the prior Lawful Permanent Resident (LPR), Parolee or Battered noncitizen status. Is the proof on file?

  • If YES, continue to step 6.

  • If NO, request the proof from the customer. Once you have the information, continue to step 6.

6

Is the earliest grant date or approval date of the prior Lawful Permanent Resident (LPR), Parolee or Battered noncitizen status 5 or more years in the past?

  • If YES, STOP. The customer has met the 5-year bar. Manually verify the factor.

  • If NO, STOP. The customer does not meet the conditions to be considered a qualified noncitizen.