California Code of Regulations › Title 2 - Administration › Division 1 - Administrative Personnel › Chapter 1 - State Personnel Board › Subchapter 1.3 - Classifications, Examinations, and Appointments › Article 8 - Examinations › Section 211.1 - Limitations on Administrative Hearing or Medical Interpreter Certification for Non-Citizens

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. §
												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 Administrative Hearing or Medical
					 Interpreter Certification as set forth in Government Code Section
					 11435.30
					 and
					 11435.35.
(c) A qualified alien is an alien who, at the
					 time he or she applies for or renews certification, is, under Section
					 431(b) of the
					 PWRORA (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 if 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)).
(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.
(7) An alien who, under Section
					 431(c)(1) of the
					 PRWORA (8 U.S.C. §
													1641(c)(1)), 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.
(B) In the
					 opinion of the Attorney General of the United States, which opinion is not
					 subject to review of any court, there is a substantial connection between such
					 battery or cruelty and the need for the benefits to be provided.
(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) suspension of deportation and
					 adjustment of status pursuant to Section
					 244(a)(3) of the
					 INA (8 U.S.C. §
															1254(a)(3)), or
(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)) or
					 classification pursuant to clause (i) of Section
					 204(a)(1)(B) of
					 the INA (8 U.S.C. §
															1154(a)(1)(B)).
(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.
(8) An alien who, under Section
					 431(c)(2) of the
					 PRWORA (8 U.S.C. §
													1641(c)(2)), 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.
(B) The alien did not actively participate in
					 such battery or cruelty.
(C) In the
					 opinion of the Attorney General of the United States, which opinion is not
					 subject to review of any court, there is a substantial connection between such
					 battery or cruelty and the need for the benefits to be provided.
(D) The alien meets the requirements of
					 subsection (b)(7)(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 individuals subjected to the battery or
					 cruelty.