California Code of Regulations › Title 13 - Motor Vehicles › Division 1 - Department of Motor Vehicles › Chapter 1 - Department of Motor Vehicles › Article 7 - Federal Citizenship and Alien Status Requirements for Benefit Eligibility › Section 450.02 - Limitations on PRWORA Benefits

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, or national origin of the individual applying for PRWORA
				  benefits.
(b) Pursuant to Section
				  411 of the Personal Responsibility
				  and Work Opportunity Reconciliation Act of 1996, (8 U.S.C. §
											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. §
											1101 et seq.), or aliens paroled into the
				  United States under Section
				  212(d)(5) of the
				  INA (8 U.S.C. §
											1182(d)(5)), for less than
				  one year, are not eligible to receive an original or renewal PRWORA benefit, as
				  set forth in the California Vehicle Code.
(c) A qualified alien is an alien who, at the
				  time he or she applies for, receives, or attempts to receive a PRWORA benefit,
				  is, under Section
				  431(b) and (c) of
				  the PRWORA (8 U.S.C. §
											1641(b) and (c)), any of the
				  following:
(1) An alien lawfully admitted for
				  permanent residence under the INA (8 U.S.C. §
												1101 et
				  seq.).
(2) An alien who is granted
				  asylum under Section
				  208 of the INA (8 U.S.C. §
												1158).
(3) A refugee who is admitted to the United
				  States under Section
				  207 of the INA (8 U.S.C. §
												1157).
(4) An alien who is paroled into the United
				  States under Section
				  212(d)(5) of the
				  INA (8 U.S.C. §
												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. §
												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. §
												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. §
												1153(a)(7)) (See editorial
				  note under 8 U.S.C. §
												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. §
												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 acts of violence.
(B)
				  There is a substantial connection between such battery or cruelty and the need
				  for the PRWORA benefit to be provided in the opinion of the department. For
				  purposes of this subsection, the following circumstances demonstrate a
				  substantial connection between the battery or cruelty and the need for the
				  PRWORA benefit to be provided:
(i) The PRWORA
				  benefit is needed to enable the alien to become self-sufficient following
				  separation from the abuser.
(ii)
				  The PRWORA benefit is 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 PRWORA
				  benefit is needed due to a loss of financial support resulting from the alien's
				  separation from the abuser.
(iv)
				  The PRWORA benefit is 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 PRWORA benefit is 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 PRWORA benefit is 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 a day care for fear of being found by the abuser).
(vii) The PRWORA benefit is needed to
				  alleviate nutritional risk or need resulting from the abuse or following
				  separation from the abuser.
(viii)
				  The PRWORA benefit is 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.
(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.
(C) The alien has been approved or has a
				  petition pending which sets forth a prima facie case for:
(i) 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. §
														1154(a)(1)(A)(ii), (iii) or
				  (iv)),
(ii) classification pursuant to clause (ii)
				  or (iii) of Section
				  204(a)(1)(B) of
				  the INA (8 U.S.C. §
														1154(a)(1)(B)(ii) or
				  (iii)),
(iii) cancellation of removal under
				  8 U.S.C. §
														1229b as in effect prior to April 1,
				  1997,
(iv) 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. §
														1154(a)(1)(A)(i)) or
				  classification pursuant to clause (i) of Section
				  204(a)(1)(B) of
				  the INA (8 U.S.C. §
														1154(a)(1)(B)(i)),
				  or
(v) cancellation of removal
				  pursuant to section
				  240 A (b)(2) of the INA
				  (8 U.S.C. §
														1229b(b)(2)).
(D) For the period for which the PRWORA
				  benefit is 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 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 PRWORA benefit to be provided in the opinion of the department. For
				  purposes of this subsection, the following circumstances demonstrate a
				  substantial connection between the battery or cruelty and the need for the
				  PRWORA benefit to be provided:
(i) The PRWORA
				  benefit is needed to enable the alien's child to become self-sufficient
				  following separation from the abuser.
(ii) The PRWORA benefit is 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 PRWORA benefit is needed due to a
				  loss of financial support resulting from the alien's child's separation from
				  the abuser.
(iv) The PRWORA benefit
				  is 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 PRWORA
				  benefit is 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 PRWORA
				  benefit is 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 a day care for fear of being found by
				  the abuser).
(vii) The PRWORA
				  benefit is needed to alleviate nutritional risk or need resulting from the
				  abuse or following separation from the abuser.
(viii) The PRWORA benefit is 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.
(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.
(D) The alien
				  meets the requirements of subsection (c)(8)(C) above.
(E) For the period for which the PRWORA
				  benefit is 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 PRWORA benefit to be provided in
				  the opinion of the department. For purposes of this subsection, the following
				  circumstances demonstrate a substantial connection between the battery or
				  cruelty and the need for the PRWORA benefit to be provided:
(i) The PRWORA benefit is needed to enable
				  the alien child's parent to become self-sufficient following separation from
				  the abuser.
(ii) The PRWORA benefit
				  is 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 PRWORA benefit is needed due to a
				  loss of financial support resulting from the alien child's parent's separation
				  from the abuser.
(iv) The PRWORA
				  benefit is 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 PRWORA benefit is 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 PRWORA benefit is 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 a day care for fear of being found by the
				  abuser).
(vii) The PRWORA benefit
				  is needed to alleviate nutritional risk or need resulting from the abuse or
				  following separation from the abuser.
(viii) The PRWORA benefit is 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.
(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.
(C) The alien child meets the requirements of
				  subsection (c) (8) (C) above.