TN 15 (05-08)
RS 02610.024 Field Office (FO)/Program Service Center (PSC) Actions upon Receipt of Proof of Presence in the U.S.
A. Receiving Evidence of Proof of Presence in the United States (U.S.)
This section presents the actions required for documenting and processing proof of presence in the U.S. under the alien nonpayment provisions.
NOTE: See RS 00204.010 - Lawful Presence Payment Provisions, RS 02610.041 - Lawful Presence and the Alien Nonpayment, and Lawful Presence (CLLP), MSOM COMMON 005.011 for information related to Lawful Presence under the Title II Welfare Reform provisions.
1. One Day Visits
A beneficiary may establish presence in the U.S. for any part of one day within every 30 days of absence from the U.S. Doing so will prevent the 6 month period of absence from beginning.
The FO is responsible for documenting the beneficiary’s one day visit through the Postentitlement Online System (POS), See (MSOM COMMON 005.024) - Left U.S./Outside U.S. (LEUS).
2. 30 Consecutive Days
A beneficiary may also chose to establish presence in the U.S. for 30 consecutive days during the 6 month period of absence.
The FO is responsible for entering the beneficiary’s 30 consecutive day stay through POS on the LEUS screen and storing evidence documents in NDRED. See (RS 02610.023) - Acceptable Evidence of Presence in the United States (U.S.) for Any Part of One Day, 30 Consecutive Days, One Full Calendar Month
Do not enter the 30 consecutive day stay in the U.S. through POS until the alien completes and provides proof of continuous U.S. presence for a 30 consecutive day period.
NOTE: A beneficiary completing a 30-day stay close to the end of the sixth month period may have benefits placed in Laf SJ prematurely because of the COM change. In this situation, once the stay is completed and proof obtained, the FO will input the 30-day stay and reinstate benefits through POS.
D has been outside the U.S. since December 10, 2010. Her six-month period of absence is January through June 2011. D reenters the U.S. on May 30, 2011 for a 30-day stay. D visits the FO on June 30 and provides proof of continuous presence from May 31 through June 29. Due to the COM change on June 25, D’s benefits are placed in Laf-SJ. The FO inputs the 30 consecutive day period through POS to reinstate benefits.
3. One Full Calendar Month
Once an alien has been outside the U.S. for 6 consecutive calendar months benefits are suspended (Laf SJ) effective with the 7th month of absence from the U.S.
The PSC is responsible for entering the beneficiary’s full calendar month stay upon receipt of the required proofs from the FO, FBU, or beneficiary. Evidence documents are stored in NDRED.
4. Left U.S./Outside of U.S. (LEUS) Screen
Once a beneficiary has submitted proof of his/her presence in the U.S., the information is documented through the Post Entitlement Online System (POS) on the LEUS screen.
NOTE: Citizenship or non U.S. citizen coding must be on the MBR before the LEUS screen is entered or an exception occurs. Citizenship coding is input through the Citizenship (CLCZ) screen and non citizen coding is input through the Non U.S Citizenship (NUSC) screen; both screens are in POS.
The LEUS screen is used to update this information to the Master Beneficiary Record (MBR) for one day visits, 30 consecutive day visits and one full calendar month visits. Select Foreign Actions on the POS Selection List screen to reach the LEUS screen. The screen collects the left U.S/outside the U.S. dates, return to U.S. dates, and the return to U.S. indicator. This data is used to record periods of absence from the U.S. and to determine whether payment or suspension applies to the beneficiary.
The Regular Transcript Attainment and Selection Pass Alerts (RETAP) system uses this information to determine which cases are selected for alien suspension. RETAP automatically selects cases for alien suspension where the date of the last U.S. visit is 7 months prior to the current operating month (COM).
B. References for Coding Presence in the U.S.
POS Foreign Actions (PEFA) (MSOM T2PE 002.009)
Left U.S./Outside of U.S. (LEUS) (MSOM COMMON 005.024)
Citizenship (U.S. And/Or Foreign) (CLCZ) (MSOM COMMON 005.010)
Non U.S. Citizen Coding (NUSC) (MSOM COMMON 005.026)