Cal. Code Regs. Tit. 25, § 5816 - Method of Determining Eligibility

(a) To be considered for eligibility, an applicant shall declare his or her status as a United States citizen or national, a qualified alien, a nonimmigrant alien, or a parolee to the United States by completing and signing the "Statement of Citizenship, Alienage, and Immigration Status for State Public Benefits", Form HCD-Benefit Status Form 1 ("HCD Form 1"), 8/98 version, which is hereby incorporated into these regulations by reference and will be provided by the department.

(b) The applicant shall present documents of a type acceptable to the INS, as described in List A of HCD Form 1 (8/98) in the case of an applicant who is a citizen or national, or List B of HCD Form 1 (8/98) in the case of an applicant who is an alien, as evidence of the applicant's declared status at the time of application. The enforcement agency may accept copies of listed documents as evidence if in its judgment the documents copied reasonably appear to be genuine and to relate to the applicant. A fee receipt from the INS for replacement of a lost, stolen, or unreadable INS document is reasonable evidence of an alien's declared status. Where the documents reasonably appear to be genuine and to relate to the applicant, the applicant shall be considered eligible for the public benefit.

(c) If the documents presented do not on their face appear to be genuine or to relate to the individual presenting them, the enforcement agency shall contact the government entity that originally issued the documents for verification. In the case of naturalized citizens, derivative citizens presenting certificates of citizenship, and aliens, the INS is the appropriate government entity to contact for verification. The enforcement agency shall request verification from the INS by filing INS Form G-845 or its successor, with copies of the pertinent documents provided by the applicant, with the local INS office. If an applicant has lost his or her original documents or presents expired documents or is unable to present any documentation evidencing his or her immigration status, the applicant shall be referred to the local INS office to obtain documentation.

(d) The following documents presented by applicants shall be referred to the INS for verification:

(1) A document which indicates immigration status but does not include an alien registration or alien admission number.

(2) A document which is suspected to be counterfeit or to have been altered.

(3) A document which includes an alien registration number in the A60 000 000 (not yet issued) or A80 000 000 (illegal border crossing) series.

(4) A document which is one of the following: an INS Form I-181b notification letter issued in connection with an INS Form I-181 Memorandum of Creation of Record of Permanent Residence, an Arrival-Departure Record (INS Form I-94) or a foreign passport stamped "PROCESSED FOR I-551, TEMPORARY EVIDENCE OF LAWFUL PERMANENT RESIDENCE," that INS issued more than one year before the date of application for a public benefit subject to this chapter.

(e) If the INS advises that the applicant is a citizen, a national, or has immigration status which makes him or her a qualified alien under the PRWORA, the INS verification shall be accepted. If the INS advises that it cannot verify that the applicant is a citizen, a national, or a qualified alien, benefits shall be denied and the applicant notified of the denial and of his or her right to appeal the denial pursuant to Section 5818.

(f) Pursuant to Section 434 of the PRWORA (8 U.S.C. § 1644), where the enforcement agency reasonably believes that an alien is unlawfully in the State based on the failure of the alien to provide reasonable evidence of the alien's declared status, after an opportunity to do so, that alien shall be reported to the INS.

(g) If an applicant provides the enforcement agency with all information required by subdivisions (a) and (b), and following review of this information the enforcement agency determines that no further action is necessary to determine the applicant's eligibility, the applicant shall be considered eligible for public benefits. However, if the enforcement agency determines that further action is necessary, the applicant shall be considered eligible for a temporary permit, certification or license as specified below, until and unless the enforcement agency receives written confirmation from the INS, or determines based on other information received, that the applicant is not eligible for a public benefit.

(1) The enforcement agency shall issue the applicant a temporary permit, certification or license, valid for a period not to exceed 180 days, which may be extended for one additional period of not more than 180 days.

(2) If the enforcement agency later determines the applicant is eligible to receive the public benefit applied for, it shall issue the applicant a permit, certification or license which is valid for the normal period, as provided in the applicable program statutes and regulations, beginning with the date of issuance of the temporary permit, certification or license.

(3) If the enforcement agency later determines the applicant is not eligible to receive the public benefit applied for, the temporary permit, certification or license shall become void 30 days after the date of the determination of ineligibility. The enforcement agency shall promptly notify the applicant by first-class mail of the determination and the date on which the temporary permit, certification or license shall become void, and promptly thereafter shall ascertain whether the applicant has ceased the activity authorized by the temporary permit, certification or license.

Notes

Cal. Code Regs. Tit. 25, § 5816

1. New section filed 3-20-98 as an emergency; operative 4-6-98 (Register 98, No. 12). A Certificate of Compliance must be transmitted to OAL by 8-4-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-4-98 as an emergency; operative 8-4-98 (Register 98, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-4-98 order, including amendment of subsections (a), (b) and (e), transmitted to OAL 12-1-98 and filed 1-14-99 (Register 99, No. 3).

Note: Authority cited: Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code. Reference: 8 U.S.C. Sections 1621, 1641 and 1642; Sections 17003.5, 17020, 18015, 18020, 18300, 19990 and 19991.3, Health and Safety Code; and Section 15376, Government Code.

1. New section filed 3-20-98 as an emergency; operative 4-6-98 (Register 98, No. 12). A Certificate of Compliance must be transmitted to OAL by 8-4-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 8-4-98 as an emergency; operative 8-4-98 (Register 98, No. 32). A Certificate of Compliance must be transmitted to OAL by 12-2-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 8-4-98 order, including amendment of subsections (a), (b) and (e), transmitted to OAL 12-1-98 and filed 1-14-99 (Register 99, No. 3).