California Code of Regulations › Title 2 - Administration › Division 2 - Financial Operations › Chapter 1 - California Victim Compensation Board (Calvcb) Regulations › Article 3.1 - Eligibility of Alien for Programs › Subarticle 1 - General Provisions › Section 627.3 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(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. §
														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,
					 §
																501(effective September 30, 1996, pursuant to
					 §
															591);
					 Pub. L.
					 104-208,
					 §
																304(effective April 1, 1997, pursuant to
					 §
															309);
					 Pub.L.
					 105-33,
					 §
																5581(effective pursuant to §
															5582)] (incorrectly 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)");
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 section
					 627.3(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 section
					 627.3(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.