Cal. Code Regs. Tit. 2, § 627.3 - Definitions

Current through Register 2021 Notice, Register No. 40, October 1, 2021

(a) Unless otherwise provided, the terms used in this article shall have the same meaning given the terms in 8 U.S.C. section 1101(a).
(b) As used in this article:
(1) "Alien" means any person not a citizen or national of the United States, as defined in 8 U.S.C. section 1101(a)(3);
(2) "Applicant" means a person submitting an application as defined in subsection (b)(3);
(3) "Application" means the following:
(A) a claim for compensation for erroneously-convicted felons under Penal Code sections 4900- 4901;
(B) a claim for compensation for citizens benefiting the public under Government Code section 13972; and
(C) a claim for compensation for persons who provide information leading to the location of missing children under Government Code section 13974.1;
(4) "Benefits" means any payment, compensation or reimbursement under a program;
(5) "Board" means the State Board of Control;
(6) "Emergency medical condition" means a medical condition manifesting itself by acute symptoms of sufficient severity so that the following could reasonably be expected to result without immediate medical attention:
(A) the patient's health would be placed in serious jeopardy;
(B) serious impairment to bodily function; or
(C) serious dysfunction of any bodily organ or part;
(7) "INS" means the U.S. Immigration and Naturalization Service;
(8) "Nonimmigrant Alien" means those aliens who are not classified as immigrants under 8 U.S.C. section 1101(a)(15);
(9) "Program" means the following programs administered by the Board:
(A) erroneously-convicted felons under Penal Code sections 4900- 4901;
(B) citizens benefiting the public under Government Code section 13972; and
(C) persons who provide information leading to the location of missing children under Government Code section 13974.1;
(10) "Qualified Alien" means an alien who, at the time the alien files an application in a program, is:
(A) an alien who is lawfully admitted for permanent residence under the Immigration and Nationality Act, 8 U.S.C. section 1101 et seq.;
(B) an alien who is granted asylum under 8 U.S.C. section 1158;
(C) a refugee who is admitted to the United States under 8 U.S.C. section 1157;
(D) an alien who is paroled into the United States under 8 U.S.C. section 1182(d)(5) for a period of at least one year;
(E) an alien whose deportation is being withheld under 8 U.S.C. section 1253(h) (as in effect immediately before the effective date of section 307 of division C of Public Law 104-208 ) or under 8 U.S.C. section 1251(b)(3) (as amended by section 305(a) of division C of Public Law 104-208 );
(F) an alien who is granted conditional entry under 8 U.S.C. section 1153(a)(7) as it was in effect prior to April 1, 1980;
(G) an alien who is a Cuban or Haitian entrant (as defined in section 501(e) of the Refugee Education Assistance Act of 1980 ( 8 U.S.C. s 1522 )); and
(H) an alien who meets all of the following conditions:
1.the alien has been battered or subjected to extreme cruelty in the United States by:
A.a spouse;
B.a parent;
C.a member of the spouse's family residing in the alien's household and the spouse or parent consented to or acquiesced in the battery or cruelty; or
D.a member of the parent's family residing in the alien's household and the spouse or parent consented to or acquiesced in the battery or cruelty; and
E.for purposes of this subsection, the term "battered or subjected to extreme cruelty" includes, but is not limited to, being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence;
2.there is substantial connection between the battery or cruelty and the need for the program's benefits as follows:
A.for purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:
i.the benefits are needed to enable the alien to become self-sufficient following separation from the abuser;
ii.the benefits are needed to enable the alien to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien from the abuser;
iii.the benefits are needed due to a loss of financial support resulting form the alien's separation from the abuser;
iv.the benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien to lose his or her job or to earn less or to require the alien to leave his or her job for safety reasons;
v.the benefits are needed because the alien requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty;
vi.the benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into day care for fear of being found by the abuser);
vii.the benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser;
viii.the benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien and/or to care for any resulting children; or
ix.where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien had when living with the abuser;
3.the alien has been approved for or has a petition pending which sets forth a prima facie case for:
A.status as a spouse or a child of a United States citizen under 8 U.S.C. section 1154(a)(1)(A)(ii),(iii), or (iv);
B.classification under 8 U.S.C. section 1154(a)(1)(B)(ii) or (iii);
C.suspension of deportation and adjustment of status under 8 U.S.C. section 1254 as in effect prior to April 1, 1997 [ Pub.L. 104-208, s 501 (effective September 30, 1996, pursuant to s 591); Pub. L. 104-208, s 304 (effective April 1, 1997, pursuant to s 309); Pub.L. 105-33, s5581 (effective pursuant to s 5582)] (incorrectly codified as "cancellation of removal under section 240A of such Act [ 8 U.S.C. s 1229b ] (as in effect prior to April 1, 1997)");
D.status as a spouse or child of a United States citizen under 8 U.S.C. section 1154(a)(1)(A)(i) or classification under 8 U.S.C. section 1154(a)(1)(B)(i); or
E.cancellation of removal under 8 U.S.C. section 1229b(b)(2);
4.the individual responsible for the battery or cruelty does not reside in the same household as the individual subjected to the battery or cruelty during the period for which program benefits are sought;
(I) an alien who meets all of the following conditions:
1.the alien's child has been battered or subjected to extreme cruelty in the United States by:
A.the alien's spouse;
B.a parent of the alien;
C.a member of the spouse's family residing in the alien's household, and the spouse or parent consented to, or acquiesced in the battery or cruelty; or
D.a member of the parent's family residing in the alien's household, and the spouse or parent consented to or acquiesced in the battery or cruelty; and
E.for purposes of this subsection, the term "battered or subjected to extreme cruelty" includes, but is not limited to, being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence;
2.the alien did not actively participate in the battery or cruelty;
3.there is a substantial connection between the battery or cruelty and the need for the program's benefits as follows:
A.for purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:
i.the benefits are needed to enable the alien's child to become self-sufficient following separation from the abuser;
ii.the benefits are needed to enable the alien's child to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien's child from the abuser;
iii.the benefits are needed due to a loss of financial support resulting from the alien's child's separation from the abuser;
iv.the benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien's child to lose his or her job or to earn less or to require the alien's child to leave his or her job for safety reasons;
v.the benefits are needed because the alien's child requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty;
vi.the benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien's child's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into day care for fear of being found by the abuser);
vii.the benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser;
viii.the benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien's child and/or to care for any resulting children; or
ix.where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien's child had when living with the abuser;
4.the alien meets the requirements of section627.3(b)(10)(H)3;
5.the individual responsible for the battery or cruelty does not reside in the same household as the individual subjected to the battery or cruelty during the period for which program benefits are sought;
(J) an alien child who meets all of the following conditions:
1.the alien child resides in the same household as a parent who has been battered or subjected to extreme cruelty in the United States by:
A.that parent's spouse; or
B.a member of the spouse's family residing in the same household as the parent and the spouse consented to, or acquiesced in the battery or cruelty; and
C.for purposes of this subsection, the term "battered or subjected to extreme cruelty" includes, but is not limited to being the victim of any act or threatened act of violence including any forceful detention, which results or threatens to result in physical or mental injury. Psychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor), or forced prostitution shall be considered acts of violence;
2.there is a substantial connection between the battery or cruelty and the need for the program's benefits as follows:
A.for purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the benefits to be provided:
i.the benefits are needed to enable the alien child's parent to become self-sufficient following separation from the abuser;
ii.the benefits are needed to enable the alien child's parent to escape the abuser and/or the community in which the abuser lives, or to ensure the safety of the alien child's parent from the abuser;
iii.the benefits are needed due to a loss of financial support resulting from the alien child's parent's separation from the abuser;
iv.the benefits are needed because the battery or cruelty, separation from the abuser, or work absences or lower job performance resulting from the battery or extreme cruelty or from legal proceedings relating thereto (including resulting child support, child custody, and divorce actions) cause the alien child's parent to lose his or her job or to earn less or to require the alien child's parent to leave his or her job for safety reasons;
v.the benefits are needed because the alien child's parent requires medical attention or mental health counseling, or has become disabled, as a result of the battery or extreme cruelty;
vi.the benefits are needed because the loss of a dwelling or source of income or fear of the abuser following separation from the abuser jeopardizes the alien child's parent's ability to care for his or her children (e.g., inability to house, feed, or clothe children or to put children into day care for fear of being found by the abuser);
vii.the benefits are needed to alleviate nutritional risk or need resulting from the abuse or following separation from the abuser;
viii.the benefits are needed to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the alien child's parent and/or to care for any resulting children; or
ix.where medical coverage and/or health care services are needed to replace medical coverage or health care services the alien child's parent had when living with the abuser;
3.the alien meets the requirements of section627.3(b)(10)(H)3;
4.the individual responsible for the battery or cruelty does not reside in the same household as the individual subjected to the battery or cruelty during the period for which program benefits or assistance are sought;
(11) "SAVE" means the Systematic Alien Verification for Entitlements automated database.

Notes

Cal. Code Regs. Tit. 2, § 627.3

Note: Authority cited: Sections 13920, 13974 and 13974.1, Government Code; and Section 4906, Penal Code. Reference: 8 U.S.C. Section 1641, and Department of Justice Notice, A.G. Order No. 2131-97 (62 Fed.Reg. 65285 (Dec. 11, 1997)).

1. New section filed 3-24-98 as an emergency; operative 3-24-98 (Register 98, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-22-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-21-98 as an emergency; operative 7-21-98 (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-18-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-21-98 order, including repealer of subsections (a)(3)(B) and (a)(9)(B), subsection relettering, and amendment of subsections (a)(10)(H)1.E., (a)(10)(I)1.A. and E. and (a)(10)(J)1.C., and amendment of Note, transmitted to OAL 11-10-98 and filed 12-28-98 (Register 99, No. 1).

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