California Code of Regulations › Title 10 - Investment › Chapter 6 - Real Estate Commissioner › Article 3 - License Applications, Fees and Changes › Section 2718 - Legal Presence Requirements

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 a benefit.
(b) Pursuant to Section
				411 of the Personal Responsibility
				and Work Opportunity Reconciliation Act of 1995, (Pub. L. No.
				104-193(PRWORA)), (8 U.S.C. §
										1621),
				and notwithstanding any other provision of law, 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 benefits as defined in this Section and
				as set forth in Sections
				10000 and following of the
				Code.
(c) For purposes of this
				Section, a benefit is an original real estate broker license, real estate
				broker officer license, real estate salesperson license, prepaid rental listing
				service license, mineral, oil, and gas broker license and a renewal of such
				licenses which has not been previously qualified pursuant to this Section. A
				qualified alien without permanent status shall provide proof of qualification
				for each renewal of a license. A benefit does not include a payment from the
				Real Estate Recovery Account.
(d) A
				qualified alien is an alien who, at the time he or she applies for, receives,
				or attempts to receive a benefit, is, under Section
				431(b) of the
				PRWRORA (8 U.S.C. §
										1641(b)), 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 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 Bureau. 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. §
													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. §
													1154(a)(1)(B)(ii) or
				(iii).
3. suspension of deportation and adjustment
				of status pursuant to section
				244(a)(3) of the
				INA (as in effect prior to April 1, 1997) [Pub.L. 104-208,
				sec.
				501 (effective Sept. 30, 1996, pursuant to
				sec. 304),
				Pub.L.
				105-33,
				sec.
				81 (effective pursuant to sec.
				5582)] (codified as cancellation
				of removal under section
				240 A of such Act" [8 U.S.C. §
													1229b] (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. §
													1154(a)(1)(A)(i)) or
				classification pursuant to clause (i) of Section
				204(a)(I)(B) of
				the INA (8 U.S.C. §
													1154(a)(1)(B)(i)),
				or
5. cancellation or removal
				pursuant to Section
				240 A(b)(2) of the INA
				(8 U.S.C. §
													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 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 Bureau. 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 (d)(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.