§ 450.02. Limitations on PRWORA Benefits.
13 CA ADC § 450.02Barclays Official California Code of Regulations
13 CCR § 450.02
§ 450.02. Limitations on PRWORA Benefits.
(b) Pursuant to Section 411 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, (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 an original or renewal PRWORA benefit, as set forth in the California Vehicle Code.
(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).
(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 acts of violence.
(B) There is a substantial connection between such battery or cruelty and the need for the PRWORA benefit to be provided in the opinion of the department. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the PRWORA benefit to be provided:
(iv) The PRWORA benefit is 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.
(vi) The PRWORA benefit is 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 a day care for fear of being found by the abuser).
(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.
(C) There is a substantial connection between such battery or cruelty and the need for the PRWORA benefit to be provided in the opinion of the department. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the PRWORA benefit to be provided:
(iv) The PRWORA benefit is 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.
(vi) The PRWORA benefit is 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 a day care for fear of being found by the abuser).
(A) 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 that parent's spouse or by a member of the spouse's family residing in the same household as the parent and the spouse 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) There is a substantial connection between such battery or cruelty and the need for the PRWORA benefit to be provided in the opinion of the department. For purposes of this subsection, the following circumstances demonstrate a substantial connection between the battery or cruelty and the need for the PRWORA benefit to be provided:
(iv) The PRWORA benefit is 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.
(vi) The PRWORA benefit is 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 a day care for fear of being found by the abuser).
(1) The applicant must declare himself or herself to be a citizen of the United States, or a qualified alien under subsection (c), a nonimmigrant alien under subsection (d), or an alien paroled into the United States for a period of at least one year under Section 212(d)(5) of the INA (8 U.S.C. § 1182(d)(5)).
(B) The appropriate application form issued by the department must be one of the following: the Driver License Application, DL-44 (Rev. 3/98) or DL-44S (Rev. 3/98); the California Special Driver Certificate, DL-45 (Rev. 3/98); the California Tow Truck Driver Clearance, DL-64 (Rev. 3/98); the Hazardous Agricultural Materials/Waste Transportation Verification of Training, DL-267 (Rev. 3/98); the Driver License Renewal Notices, DL-1 RN (Rev. 4/98), DL-1 RNCH (Rev. 4/98), DL-1 RNF (Rev. 4/98), DL-1 RNFS (Rev. 4/98), DL-1 RNFH (Rev. 4/98), DL-1 RNFSH (Rev. 4/98), DL-1RNBEC (Rev. 4/98), DL-1RNBECH (Rev. 4/98), DL-1RNBECFF (Rev. 4/98), DL-1RNBEF (Rev. 4/98), DL-1RNBEFS (Rev. 4/98), DL-1RNBEFH (Rev. 4/98), DL-1RNBEFSH (Rev. 4/98), DL-1 RNBEFFF (Rev. 4/98), DL-1 RNBEFFFS (Rev. 4/98); the Driver License Renewal Notices (Congratulatory) DL-73 (Rev. 4/98), DL-73S (Rev. 4/98), DL-73BE (Rev. 4/98), DL-73BES (Rev. 4/98), DL-6 BEC (Rev. 4/98), DL-6 BEF (Rev. 4/98), DL6 BEFS (Rev. 4/98); the Driver License Renewal Notices (Mag Strip Conversion) DL-73M (Rev. 4/98), DL-73MC (Rev. 4/98), DL-73MS (Rev. 4/98), DL-73MF (Rev. 4/98), DL-73MFS (Rev. 4/98), DL- 73BEMC (Rev. 4/98), DL-73BEMF (Rev. 4/98), DL-73BEMFS (Rev. 4/98), and the Driver License Renewal by Mail Notices DL-6C (Rev. 4/98), DL-6F (Rev. 4/98), DL-6FS (Rev. 4/98); the Application for Occupational License OL-16 (Rev. 3/98), and OL-29 (Rev. 3/98); the Application for Renewal of an Occupational License OL-45 (Rev. 3/98), the Applications for Renewal OL-603 (Rev. 3/98), for a Vehicle Dealer License, Lessor- Retailer, Manufacturer, Re-Manufacturer, Distributor, Transporter, Dismantler, Driving School, and Registration Service; the Applications for Renewal OL-44 (Rev. 3/98), for a Vehicle Verifier Permit, Driving School Instructor, Driving School Operator, Independent Instructor, Manufacturer Representative, and Distributor Representative; and the Application for Motor Carrier of Property Permit DMV 706 MCP (Rev. 4/98) which are hereby incorporated by reference.
(2) If the applicant is a U.S. citizen he or she must present valid U.S. citizenship documents, or if the applicant is an alien he or she must present documents of a type acceptable to the Immigration and Naturalization Service (INS) which serve as reasonable evidence of the applicant's declared alien status. The specific documents which the department will accept for proof of eligibility under PRWORA can be found in the department issued document entitled Driver and Occupational Licensing Eligibility Documents, FFDL-20 (New. 3/98), which is hereby incorporated by reference.
(A) Unless the primary SAVE system is unavailable for use, the primary SAVE system verification must be used to access the biographical/immigration status computer record contained in the Alien Status Verification Index (ASVI) maintained by the INS. Subject to subparagraph (B), this procedure must be used to verify the status of all aliens who claim to be qualified aliens and who present an INS issued document that contains an alien registration or alien admission number.
(B) In any of the following cases, the secondary SAVE system verification procedure must be used to forward copies of original INS documents evidencing an alien's status as a qualified alien, as a nonimmigrant alien under the INA, or as an alien 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:
(viii) The document 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 PRWORA benefit.
(4) Where verification through the SAVE system is not available, if the documents presented do not on their face reasonably appear to be genuine or to relate to the individual presenting them, the government entity that originally issued the document should be contacted for verification. With regard to naturalized citizens and derivative citizens presenting certificates of citizenship and aliens, the INS is the appropriate government entity to contact for verification. The department will request verification by the INS by filing INS Form G-845 with copies of the pertinent documents provided by the applicant with the local INS office. If the applicant has lost his or her original INS documents, or presents expired INS documents or is unable to present any documentation evidencing his or her immigration status, the applicant should be referred to the local INS office to obtain documentation.
(5) If the INS advises that the applicant has citizenship status or immigration status which makes him or her a qualified alien under PRWORA, the INS verification should be accepted. If the INS advises that it cannot verify that the applicant has citizenship status, or an immigration status that makes him or her a qualified alien, the PRWORA benefit should be denied and the applicant notified pursuant to the department's regular procedures of his or her rights to appeal the denial of the PRWORA benefit.
(6) Provided that the alien has completed and signed a PRWORA eligibility statement under penalty of perjury on the appropriate application form and provided documents of a type acceptable to the INS which serve as reasonable evidence of the applicant's declared status, eligibility for a PRWORA benefit shall not be delayed, denied, reduced or terminated while the status of the alien is verified.
(f) Pursuant to Section 434 of the PRWORA (8 U.S.C. § 1644), where the department reasonably believes that an alien is unlawfully in the State based on the failure of the alien to provide reasonable evidence of the alien's declared status, after an opportunity to do so, said alien should be reported to the Immigration and Naturalization Service.
Credits
Note: Authority cited: Section 1651, Vehicle Code. Reference: 8 U.S.C. Sections 1621, 1641, and 1642; and U.S.C. Section 2000d et seq.
History
1. New section filed 8-20-98; operative 9-19-98 (Register 98, No. 34). For prior history, see Register 93, No. 30.
This database is current through 5/10/24 Register 2024, No. 19.
Cal. Admin. Code tit. 13, § 450.02, 13 CA ADC § 450.02
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