Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) All eligibility requirements contained herein
shall be applied without regard to the race, creed, color, gender, religion, or
national origin of the individual applying for a benefit.
(b) Pursuant to Section 411 of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1995, (Pub. L. No.
104-193(PRWORA)), (8 U.S.C. §
1621), and
notwithstanding any other provision of law, 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 benefits as defined in this Section and as set
forth in Sections
10000 and following of the
Code.
(c) For purposes of this Section,
a benefit is an original real estate broker license, real estate broker officer
license, real estate salesperson license, prepaid rental listing service license,
mineral, oil, and gas broker license and a renewal of such licenses which has not
been previously qualified pursuant to this Section. A qualified alien without
permanent status shall provide proof of qualification for each renewal of a license.
A benefit does not include a payment from the Real Estate Recovery
Account.
(d) A qualified alien is an
alien who, at the time he or she applies for, receives, or attempts to receive a
benefit, is, under Section 431(b) of the PRWRORA (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 of 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)) (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).
(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.
(8 U.S.C. §
1153(a)(7)) (See editorial note
under 8 U.S.C. §
1101, "Effective Date of 1980
Amendment.")
(7) 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 note)).
(8) An alien who 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. 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 as acts of violence.
(B)
There is a substantial connection between such battery or cruelty and the need for
the benefits to be provided in the opinion of the Bureau. 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:
1. The benefits are needed to enable the alien to
become self-sufficient following separation from the abuser.
2. 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.
3.
The benefits are needed due to a loss of financial support resulting from the
alien's separation from the abuser.
4.
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.
5. 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.
6. 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).
7.
The benefits are needed to alleviate nutritional risk or need resulting from the
abuse or following separation from the abuser.
8. 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.
9. 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.
(C) The alien has a petition that has been
approved or has a petition pending which sets forth a prima facie case for:
1. 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),
2. 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).
3. suspension of deportation and adjustment of
status pursuant to section 244(a)(3) of the INA (as in effect prior to April 1,
1997) [Pub.L.
104-208,
sec.
501 (effective Sept. 30, 1996, pursuant to sec.
304), Pub.L.
105-33,
sec.
81 (effective pursuant to sec. 5582)] (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).
4.
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)(i))
or classification pursuant to clause (i) of Section 204(a)(I)(B) of the INA
(8 U.S.C. §
1154(a)(1)(B)(i)), or
5. cancellation or removal pursuant to Section 240
A(b)(2) of the INA (8 U.S.C.
§
1229b(b)(2)),
(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.
(9) An alien who
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.
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) The alien did not actively participate in such
battery or cruelty.
(C) There is a
substantial connection between such battery or cruelty and the need for the benefits
to be provided in the opinion of the Bureau. 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:
1. The benefits are needed to enable the alien's
child to become self-sufficient following separation from the abuser.
2. 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.
3. The benefits are needed due to a loss of
financial support resulting from the alien's child's separation from the
abuser.
4. 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.
5. 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.
6. 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).
7. The benefits are needed to alleviate
nutritional risk or need resulting from the abuse or following separation from the
abuser.
8. 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.
9. 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.
(D) The alien meets
the requirements of subsection (d)(8)(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 individual subjected to the battery or
cruelty.
(e) For
purposes of this section, "nonimmigrant" is defined the same as in Section
101(a)(15) of the INA (8 U.S.C.
§
1101(a)(15)).
(f) A person applying for a benefit for which the
applicant is otherwise qualified, must do all of the following:
(1) 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 less than one
year under Section 212(d)(5) of the INA (8 U.S.C. §
1182(d)(5)). The applicant shall
declare that status by completing and signing the "State Public Benefits Statement"
(CalBRE Form RE 205).
(2) Present
documents of a type acceptable to the U.S. Citizenship and Immigration Services
(USCIS) and as set forth in List A or List B of CalBRE Form RE 205 and which serve
as reasonable evidence of the applicant's declared status.
(3) Where the documents presented do not on their
face appear to be genuine or to relate to the individual presenting them, the
government entity that originally issued the documents shall be contacted for
verification. With regard to naturalized citizens and derivative citizens presenting
certificates of citizenship and aliens, the USCIS is the appropriate government
entity to contact for verification. The Bureau shall request verification from the
USCIS by filing USCIS Form G-845 with copies of the pertinent documents provided by
the applicant with the local USCIS office. If the 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 USCIS office to obtain documentation.
(g) Where authorized by the USCIS, the information
presented by an alien as reasonable evidence of the alien's declared immigration
status must be submitted to the USCIS for verification through the Systematic Alien
Verification for Entitlements (SAVE) system procedures as follows:
(1) 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 maintained by the USCIS. Subject to subparagraph (2), this
procedure must be used to verify the status of all aliens who claim to be qualified
aliens and who present a USCIS-issued document that contains an alien registration
or alien admission number.
(2) In any of
the following cases, the secondary SAVE system verification procedure must be used
to forward to USCIS copies of USCIS 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:
(A) The primary SAVE system is unavailable
for verification.
(B) A primary check of
the Alien Status Verification Index instructs the Bureau to "institute secondary
verification."
(C) The document
presented indicates immigration status but does not include an alien registration or
alien admission number.
(D) The Alien
Status Verification Index record includes the alien registration or admission number
on the document presented by the alien but does not match other information
contained in the document.
(E) The
document is suspected to be counterfeit or to have been altered.
(F) The document includes an alien registration
number in the A60 000 000 (not yet issued) or A80 000 000 (illegal border crossing)
series.
(G) The document is a fee
receipt from USCIS for replacement of a lost, stolen, or unreadable USCIS document
and the applicant has failed to submit his or her registration or alien admission
number.
(H) The document is one of the
following: an USCIS Form I-181b notification letter issued in connection with an
USCIS Form I-181 Memorandum of Creation of Record of Permanent Residence, an
Arrival-Departure Record (USCIS Form I-94) or a foreign passport stamped "PROCESSED
FOR I-551, TEMPORARY EVIDENCE OF LAWFUL PERMANENT RESIDENCE" that USCIS issued more
than one year before the date of application for a benefit.
(I) If the secondary SAVE system is available and
is used to verify status, provided that the alien has completed and signed Form 205
under penalty of perjury, and has presented documents of a type acceptable to the
USCIS and as set forth in List B of CalBRE Form RE 205 and which serve as reasonable
evidence of the applicant's declared status, eligibility for the benefit shall not
be delayed, denied, reduced or terminated while the status of the alien is verified.
If the Bureau determines that any documents have been falsified or that the
applicant is not entitled to the benefit, the Bureau shall suspend such
benefit.
(h) The
applicant may present documents described in subparagraphs (f)(1), (2) and (3) above
which serve as reasonable evidence of the applicant's declared status prior to
applying for a benefit or prior to applying for the renewal of a benefit.
(i) If the primary and secondary SAVE systems are
unavailable for verification for purposes of establishing an alien's eligibility for
a benefit for which the applicant is otherwise qualified, all of the following must
be met:
(1) The applicant who is not a citizen of
the United States must declare himself or herself to be a qualified alien under
subsection (d), a nonimmigrant alien under subsection (e), or an alien paroled into
the United States for less than one year under Section 212(d)(5) of the INA
(8 U.S.C. §
1182(d)(5)). The alien shall
declare that status through use of the CalBRE Form RE 205.
(2) The alien must present documents or temporary
documents issued by the USCIS which serve as reasonable evidence of the applicant's
declared status. A fee receipt from the USCIS for replacement of a lost, stolen, or
unreadable USCIS document and an alien registration or alien admission number from
USCIS are temporary documents considered reasonable evidence of the alien's declared
status.
(3) Upon receipt of the
documents described in subparagraphs (1) and (2) above, and provided that the alien
has completed and signed Form 205 under penalty of perjury, eligibility for the
benefit shall not be delayed, denied, reduced or terminated while the status of the
alien is verified. If the Bureau determines that any such documents have been
falsified or that the applicant is not entitled to the benefit, the Bureau shall
suspend such benefit.
(j)
Where the documents presented to verify status do not on their face appear to be
genuine or to relate to the individual presenting them, the government entity that
originally issued the documents shall be contacted for verification. With regard to
naturalized citizens and derivative citizens presenting certificates of citizenship
and aliens, the USCIS is the appropriate government entity to contact for
verification. The Bureau shall request verification from the USCIS by filing USCIS
Form G-845 with copies of the pertinent documents provided by the applicant with the
local USCIS office. If the 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 USCIS office
to obtain documentation.
(k) If the
USCIS advises that the applicant has citizenship status or immigration status which
makes him or her a qualified alien under the PRWORA, the USCIS verification shall be
accepted. If the USCIS advises that it cannot verify that the applicant has
citizenship status or an immigration status that makes him or her a qualified alien,
benefits shall be denied and the applicant notified pursuant to Section 10100 of the
Code of his or her rights to appeal the denial of benefits.
(l) Provided that the alien has completed and
signed Form 205 under penalty of perjury and presented documents issued by the USCIS
which serve as reasonable evidence of the applicant's declared status, eligibility
for the benefit shall not be delayed, denied, reduced or terminated while the status
of the alien is verified.
(m) Pursuant
to Section 434 of the PRWORA (8
U.S.C. §
1644), where the Bureau 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 shall be reported to the USCIS.
(n)
(1) If an
applicant for the timely renewal of a benefit has submitted, in good faith, evidence
of eligibility pursuant to this section which he had reason to believe would qualify
him for renewal of a benefit, but the Bureau finds that the evidence submitted may
not qualify, the Bureau may, nonetheless, extend the benefit for 90 days in order to
allow the applicant to submit additional evidence of eligibility, which satisfies
the requirements of this section.
(2)
Upon written request, which establishes good cause, from an applicant who has
received an extension pursuant to subparagraph (l)(1), and upon
proof that the applicant has complied with the continuing education requirements of
Article 2.5 of Chapter 3 of the Code, the Bureau may, grant an additional extension
not to exceed 60 days in order to allow the applicant to submit additional evidence
of eligibility, which satisfies the requirements of this section.
(3) When the benefit is issued during or at the
end of the extension provided for in this section it shall expire four years from
the date otherwise applicable as if no extension had been
granted.
(o) Any denial of a
benefit pursuant to this Section shall be subject to Section 10100 of the
Code.
(p) This Section does not apply to
the issuance of a professional license to, or the renewal of a professional license
by, a foreign national not physically present in the United States.
1. New section
filed 3-12-98; operative 8-1-98 (Register 98, No. 11).
2. Amendment of
section heading and new subsection (p) filed 10-26-99; operative 11-25-99 (Register
99, No. 44).
3. Amendment of subsections (c), (g)(2)(I), (i)(3) and (l)
filed 11-9-2000; operative 12-9-2000 (Register 2000, No. 45).
4. Change
without regulatory effect amending subsections (d)(8)(B), (d)(9)(C), (f)(1)-(g)(2),
(g)(2)(B), (g)(2)(G)-(I) and (i)(1)-(n)(2) filed 6-30-2014 pursuant to section
100, title 1, California Code of
Regulations (Register 2014, No. 27).
Note: Authority cited: Section
10080,
Business and Professions Code. Reference:
8 U.S.C. Sections
1621,
1641 and
1642.
