California Code of Regulations › Title 10 - Investment › Chapter 6.50 - Personal Responsibility and Work Opportunity Reconciliation › Section 4005 - Limitations on Public Benefits for Aliens

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) All eligibility requirements contained
			 herein shall be applied without regard to the race, creed, color, gender,
			 religion, disability, or national origin of the individual applying for the
			 public benefit.
(b) Pursuant to
			 Section 411 of the Personal Responsibility
			 and Work Opportunity Reconciliation Act of 1996 (Pub. L. No.
			 104-193(PRWORA)), (8 U.S.C. sec. 1621),
			 and notwithstanding any other provision of this division, aliens who are not
			 qualified aliens, nonimmigrant aliens under the Immigration and Nationality Act
			 (INA) (8 U.S.C. sec.
			 1101 et seq.), or aliens paroled into the
			 United States under Section
			 212(d)(5) of the
			 INA (8 U.S.C. sec.
			 1182(d)(5)) for less than
			 one year, are not eligible to receive loans under the Fishing Fleet Loan
			 program (Fish and Game Code section
			 9100),
			 except as provided in 8 USCS 1621(c)(2).
(c) A qualified alien is an alien who, at the
			 time he or she applies for, receives, or attempts to receive a public benefit,
			 is, under Section
			 431(b) and (c) of
			 the PRWORA (8 U.S.C. sections
			 1641(b) and (c), any of the
			 following:
(1) An alien who is lawfully
			 admitted for permanent residence under the INA (8 U.S.C. sec. 1101 et
			 seq.).
(2) An alien who is granted
			 asylum under Section
			 208 of the INA (8 U.S.C. sec.
			 1158).
(3) A refugee who is admitted to the United
			 States under Section
			 207 of the INA (8 U.S.C. sec.
			 1157).
(4) An alien who is paroled into the United
			 States under Section
			 212(d)(5) of the
			 INA (8 U.S.C. sec.
			 1182(d)(5)) for a period of
			 at least one year.
(5) An alien
			 whose deportation is being withheld under Section
			 243(h) of the INA
			 (8 U.S.C. Sec.
			 1253(h)) (as in effect
			 immediately before the effective date of
			 Section
			 307 of division C of
			 Public Law
			 104-208) or Section
			 241(b)(3) of such
			 Act (8 U.S.C. sec.
			 1251(b)(3)) (as amended by
			 Section
			 305(a) of division C of
			 Public Law
			 104-208).
(6) An alien who is granted conditional entry
			 pursuant to Section
			 203(a)(7) of the
			 INA as in effect prior to April 1, 1980. (8 U.S.C. sec.
			 1153(a)(7)) (See editorial
			 note under 8 U.S.C. sec.
			 1101, "Effective Date of 1980
			 Amendment.")
(7) 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. sec. 1522
			 note)).
(8) An alien who meets all
			 of the conditions of subparagraphs (A), (B), (C), and (D) below:
(A) The alien has been battered or subjected
			 to extreme cruelty in the United States by a spouse or a parent, or by a member
			 of the spouse's or parent's family residing in the same household as the alien,
			 and the spouse or parent of the alien consented to, or acquiesced in, such
			 battery or cruelty. 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. Rape,
			 molestation, incest (if the victim is a minor), or forced prostitution shall be
			 considered as acts of violence.
(B)
			 There is a substantial connection between such battery or cruelty and the need
			 for the benefits to be provided in the opinion of the Office of Planning and
			 Research. 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:
1. The
			 benefits are needed to enable the alien to become self-sufficient following
			 separation from the abuser.
2. 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.
3. The benefits are
			 needed due to a loss of financial support resulting from the alien's separation
			 from the abuser.
4. 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.
5. 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.
6. 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).
7. The benefits are needed to alleviate
			 nutritional risk or need resulting from the abuse or following separation from
			 the abuser.
8. 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.
9. 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.
(C) The alien has
			 a petition that has been approved or has a petition pending which sets forth a
			 prima facie case for:
1. status as a spouse
			 or child of a United States citizen pursuant to clause (ii), (iii), or (iv) of
			 Section 204(a)(1)(A) of
			 the INA (8 U.S.C. setion. 1154(a)(1)(A)(ii), (iii) or (iv)),
2. classification pursuant to clause (ii) or
			 (iii) of Section
			 204(a)(1)(B) of
			 the INA (8 U.S.C. section
			 1154(a)(1)(B)(ii) or
			 (iii)),
3. suspension of deportation and adjustment
			 of status pursuant to section
			 244(a)(3) of the
			 INA (8 U.S.C. sec.
			 1254 as in effect prior to April 1, 1997
			 [Pub.L.
			 104-208,
			 sec.
			 501 (effective Sept. 30, 1996, pursuant to
			 sec. 591);
			 Pub.L.
			 104-208,
			 sec.
			 304 (effective April 1, 1997, pursuant to
			 sec. 309);
			 Pub.L.
			 105-33,
			 sec.
			 5581 (effective pursuant to sec.
			 5582)] (incorrectly codified as
			 "cancellation of removal under section
			 240 A of such Act [8 USCS Sec.
			 1229 b] (as in effect prior to
			 April 1, 1997)."
4. status as a
			 spouse or child of a United States citizen pursuant to clause (i) of Section
			 204(a)(1)(A) of
			 the INA (8 U.S.C. s
			 1154(a)(1)(A)(i))
			 or classification pursuant to clause (i) of Section
			 204(a)(1)(B) of
			 the INA (8 USC section
			 1154(a)(1)(B)(i),
			 or
5. cancellation of removal
			 pursuant to Section
			 204 A(b)(2) of the INA
			 (8 U.S.C. section
			 1229b(b)(2)).
(D) For the period for which benefits are
			 sought, the individual responsible for the battery or cruelty does not reside
			 in the same household or family eligibility unit as the individual subjected to
			 the battery or cruelty.
(9) An alien who meets all of the conditions
			 of subparagraphs (A), (B), (C), (D) and (E) below:
(A) The alien has a child who has been
			 battered or subjected to extreme cruelty in the United States by a spouse or a
			 parent of the alien (without the active participation of the alien in the
			 battery or cruelty), or by a member of the spouse's or parent's family residing
			 in the same household as the alien, and the spouse or parent consented or
			 acquiesced to such battery or cruelty. 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. Rape, molestation, incest (if the victim is a minor), or forced
			 prostitution shall be considered as acts of violence.
(B) The alien did not actively participate in
			 such battery or cruelty.
(C) There
			 is a substantial connection between such battery or cruelty and the need for
			 the benefits to be provided in the opinion of the Office of Planning and
			 Research. 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:
1. The
			 benefits are needed to enable the alien's child to become self-sufficient
			 following separation from the abuser.
2. 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.
3. The benefits are needed due to a loss of
			 financial support resulting from the alien's child's separation from the
			 abuser.
4. 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.
5. 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.
6. 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).
7. The benefits are needed
			 to alleviate nutritional risk or need resulting from the abuse or following
			 separation from the abuser.
8. 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.
9. 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.
(D) The alien meets the requirements of
			 subsection (c)(8)(C) above.
(E) For
			 the period for which benefits are sought, the individual responsible for the
			 battery or cruelty does not reside in the same household or family eligibility
			 unit as the individual subjected to the battery or cruelty.
(10) An alien child who meets all of the
			 conditions of subparagraphs (A), (B), and (C) below:
(A) 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 that parent's spouse or by a member of the spouse's family
			 residing in the same household as the parent and the spouse consented or
			 acquiesced to such battery or cruelty. 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. Rape, molestation, incest (if the victim is a minor), or forced
			 prostitution shall be considered acts of violence.
(B) There is a substantial connection between
			 such battery or cruelty and the need for the benefits to be provided in the
			 opinion of the Office of Planning and Research. 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:
1. The benefits are needed to enable the
			 alien child's parent to become self- sufficient following the separation from
			 the abuser.
2. 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.
3.
			 The benefits are needed due to a loss of financial support resulting from the
			 alien child's parent's separation from the abuser.
4. 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.
5. 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.
6. 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).
7. The
			 benefits are needed to alleviate nutritional risk or need resulting from the
			 abuse or following separation from the abuser.
8. 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.
9. 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.
(C) The alien
			 child meets the requirements of subsection (c)(8)(C)
			 above.