California Code of Regulations › Title 25 - Housing and Community Development › Division 1 - Housing and Community Development › Chapter 5.5 - Qualification for Public Benefits › Section 5816 - Method of Determining Eligibility

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) To be considered for eligibility, an
				applicant shall declare his or her status as a United States citizen or
				national, a qualified alien, a nonimmigrant alien, or a parolee to the United
				States by completing and signing the "Statement of Citizenship, Alienage, and
				Immigration Status for State Public Benefits", Form HCD-Benefit Status Form 1
				("HCD Form 1"), 8/98 version, which is hereby incorporated into these
				regulations by reference and will be provided by the department.
(b) The applicant shall present documents of
				a type acceptable to the INS, as described in List A of HCD Form 1 (8/98) in
				the case of an applicant who is a citizen or national, or List B of HCD Form 1
				(8/98) in the case of an applicant who is an alien, as evidence of the
				applicant's declared status at the time of application. The enforcement agency
				may accept copies of listed documents as evidence if in its judgment the
				documents copied reasonably appear to be genuine and to relate to the
				applicant. A fee receipt from the INS for replacement of a lost, stolen, or
				unreadable INS document is reasonable evidence of an alien's declared status.
				Where the documents reasonably appear to be genuine and to relate to the
				applicant, the applicant shall be considered eligible for the public
				benefit.
(c) If the documents
				presented do not on their face appear to be genuine or to relate to the
				individual presenting them, the enforcement agency shall contact the government
				entity that originally issued the documents for verification. In the case of
				naturalized citizens, derivative citizens presenting certificates of
				citizenship, and aliens, the INS is the appropriate government entity to
				contact for verification. The enforcement agency shall request verification
				from the INS by filing INS Form G-845 or its successor, with copies of the
				pertinent documents provided by the applicant, with the local INS office. If an
				applicant has lost his or her original documents or presents expired documents
				or is unable to present any documentation evidencing his or her immigration
				status, the applicant shall be referred to the local INS office to obtain
				documentation.
(d) The following
				documents presented by applicants shall be referred to the INS for
				verification:
(1) A document which indicates
				immigration status but does not include an alien registration or alien
				admission number.
(2) A document
				which is suspected to be counterfeit or to have been altered.
(3) A document which includes an alien
				registration number in the A60 000 000 (not yet issued) or A80 000 000 (illegal
				border crossing) series.
(4) A
				document which is one of the following: an INS Form I-181b notification letter
				issued in connection with an INS Form I-181 Memorandum of Creation of Record of
				Permanent Residence, an Arrival-Departure Record (INS Form I-94) or a foreign
				passport stamped "PROCESSED FOR I-551, TEMPORARY EVIDENCE OF LAWFUL PERMANENT
				RESIDENCE," that INS issued more than one year before the date of application
				for a public benefit subject to this chapter.