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 3 - Hearings › List B

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A.
Documentation Evidencing an
					 Appproved Petition or Application
* INS Form I-551 ("Resident Alien Card" or "Alien
						Registration Receipt Card", commonly known as a "green card") with one of the
						following INS class of admission ("COA") codes printed on the front of a white
						card or the back of a pink card: AR1, AR6, C20 through C29, CF1, CF2, CR1, CR2,
						CR6, CR7, CX1 through CX3, CX6 through CX8, F20 through F29, FX1 through FX3,
						FX6 through FX8, IF1, IF2, IR1 through IR4, IR6 through IR9, IW1, IW2, IW6,
						IW7, MR6, MR7, P21 through P23, or P26 through P28.
If an alien claiming approved status presents a code
						different than those enumerated, or if you cannot determine the class of
						admission from the I-551 stamp, Board of Control staff will file INS Form G-845
						and the G-845 Supplement (mark item six on the Supplement), along with a copy
						of the document(s) presented, with the local INS office in order to determine
						whether the applicant gained his or her status because he or she was the
						spouse, widow, or child of a U.S. citizen or the spouse, child, or unmarried
						son or daughter of lawful permanent resident.
* INS Form I-551 with one of the following COA codes
						stamped on the lower left side of the back of a pink card: IB1 through IB3, IB6
						through IB8, B11, B12, B16, B17, B20 through B29, B31 through B33, B36 through
						B38, BX1 through BX3, or BX6 through BX8.
* INS Form I-551 with COA code Z13.
* Unexpired Temporary I-551 stamp in foreign passport or
						on INS Form I-94 with one of the COA codes specified in the Subsections
						(1)-(3), above.
* INS Form I-797 indicating approval of an INS I-130
						petition (only I-130 petitions describing the following relationships may be
						accepted: husbands or wives of U.S. citizens or LPRs, unmarried children under
						21 years old of U.S. citizens or LPRs, or unmarried children 21 or older of
						LPRs), or approval of an I-360 petition (only I-360 approvals based on status
						as a widow/widower of a U.S. citizen or as a self-petitioning spouse or child
						of an abusive U.S. citizen or LPR may be accepted).
* A final order of an Immigration Judge or the Board of
						Immigration Appeals granting suspension of deportation under Section
						244(a)(3) of the
						INA as in effect prior to April 1, 1997, or cancellation of removal under
						Section 240 A(b)(2) of the
						INA.
B.
Documentation
					 Demonstrating that the Applicant has Established a Prima Facie Case
* INS Form I-797 indicating that the applicant has
						established a prima facie case; or
* An immigration court or Board of Immigration Appeals
						order indicating that the applicant has established a prima facie case for
						suspension of deportation under INA Section
						244(a)(3) as in
						effect prior to April 1, 1997, or cancellation of removal under section
						240 A(b)(2) of the
						INA.
C.
Documentation
					 Indicating That the Applicant has Filed a Petition or That a Petition Has Been
					 Filed on the Applicant's Behalf, as Applicable, but with no Evidence of
					 Approval of the Petition or Establishment of a Prima Facie Case
Board of Control staff will determine from the
						documentation when the petition was filed and take the actions set forth
						below:
* Applicants with petitions filed before June 7, 1997
						should have an INS Form I-797 indicating filing of the I-360 petition by
						"self-petitioning spouse [or child] of abusive U.S. citizen or LPR," or a
						file-stamped copy of the petition, or another document demonstrating filing
						(including a cash register or computer-generated receipt indicating filing of
						Form I-360).
* Applicants with petitions filed after June 7, 1997,
						should have an INS Form I-797 indicating filing of the I-360
						petition.
D.
Documentation Indicating that the Applicant Has Filed a Petition or That
					 a Petition Was Filed on His or Her Behalf, as Applicable
The following must indicate that the applicant is the
						widow/widower of a U.S. citizen, the husband or wife of a U.S. citizen or LPR,
						the unmarried child under age 21 of a U.S. citizen or LPR, or the unmarried
						child age 21 or older of an LPR):
* For aliens on whose behalf a petition has been filed:
						INS Form I-797 indicating filing of an INS I-130 petition, a file-stamped copy
						of the petition, or another document demonstrating filing (including a cash
						register or computer-generated receipt indicating filing of Form I-130).
* For self-petitioning widows or widowers: a file-stamped
						copy of the INS I-360 petition, or another document demonstrating filing
						(including a cash register or computer-generated receipt indicating filing of
						Form I-360).
E.
Documentation Indicating That the INS Has Initiated Deportation or Removal
					 Proceeding in Which Relief May Be Available.
* an "Order to Show Cause"
* a "Notice to Appear"; or
* a "Notice of Hearing in Deportation
						Proceedings".
F.
Minimal or No Documentation Regarding the Claimed Filing
If the applicant has some documentation, but it is
						insufficient to demonstrate filing, establishment of pirma facie case, or
						approval of a petition, Board of Control staff will fax the INS Request Form as
						well as a copy of any document(s) provided by the applicant, to the INS Vermont
						Service Center in order to determine the applicant's status. If the applicant
						has no documentation but is certain that a petition has been filed by his or
						her spouse or parent, Board of Control staff will fax the INS Request Form to
						the INS Vermont Service Center.