Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) To obtain a final verification of eligibility for agency public benefits, the following requirements must be met:
(1) The applicant must declare under penalty of perjury, that he or she is either a citizen or other national of the United States or a qualified alien, by completing and signing the "Statement of Citizenship, Alienage and Immigration Status for State Public Benefits" form, CHFA Benefit Status Form 1, 9/98 ("Form 1") which is incorporated herein by this reference. If the applicant is an unemancipated minor (under 18 years of age) or an adult who is not competent to or has a disability which renders him/her unable to understand or execute the Form 1, the Form 1 must be executed by a parent, legal guardian, or other person legally qualified to act on behalf of the applicant; and
(2) The applicant must present documentation which contains a photograph or other information which describes the applicant (i.e. height, weight and age) that is sufficient to identify the applicant as the person named in the signed Form 1. In the event that the applicant fails to produce proper identification, the agency public benefit shall be denied without further verification; and
(3) The applicant must present documents, of a type acceptable to the INS (as set forth in List A of Form 1 in the case of an applicant who is a citizen or other national or as set forth in Section B or List B of Form 1, as applicable, in the case of an applicant who is an alien), in support of the applicant's declared status. An alien applicant must present unexpired originals of the most recently issued evidence of alien registration. In the event that an applicant claims qualified alien status pursuant to facts and circumstances as set forth in subparagraphs (x)(8), (x)(9) and (x)(10) of Section 12002 of this chapter (involving a person who was battered or subjected to extreme cruelty in the United States), then the Form 1 and copies of any identity and supporting documents shall be forwarded to the agency for verification. If an alien 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 appropriate documentation and the agency public benefit shall be denied unless and until such documentation is presented. A fee receipt from the INS for replacement of a lost, stolen or unreadable INS document is not an acceptable substitute for the document it replaces, however, it shall suffice for the purposes of a preliminary verification. If the applicant presents documents which clearly show that the applicant is not a citizen or other national or qualified alien and the applicant does not dispute the status shown, then the agency public benefit shall be denied without further verification.
(4) Where the documents presented pursuant to subparagraph (a)(3) of this section do not on their face appear to be genuine or otherwise to be reasonable evidence of the applicant's declared status, the status verifier shall take appropriate steps to verify the declared status of the applicant. Ordinarily, the government or other entity that originally issued the documents shall be contacted for verification by the status verifier. With regard to naturalized citizens and derivative citizens presenting certificates of citizenship and aliens, the INS shall be contacted for verification. The status verifier shall request verification from the INS by sending INS Form G-845 (or any successor form designated by the INS) with copies of the pertinent documents provided by the applicant to the appropriate INS office as directed by the INS. Notwithstanding the foregoing, in the event that the INS will only accept INS Form G-845 filings from the agency, the status verifier shall forward the completed form to the agency who shall then send it to the INS. In the event that the INS then returns their response to the G-845 to the agency, the agency shall forward it to the status verifier.
(5) The type of documentation referred to the INS for verification pursuant to INS Form G-845 shall include, but not necessarily be limited to, the following:
(A) The document presented indicates immigration status but does not include an alien registration or alien admission number.
(B) The document is suspected to be counterfeit or to have been altered.
(C) The document includes an alien registration number in the A60 000 (not yet issued) or A80 000 (illegal border crossing) series.
(D) 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 the agency public benefit.
(6) If the INS advises that the applicant is a citizen, other national or a qualified alien, the INS verification shall be accepted and the applicant determined to be eligible. If the INS advises that it cannot verify that the applicant is a citizen, other national or a qualified alien, the agency public benefit shall be denied unless citizenship or other national status can be verified from another source.
(b) Notwithstanding any other provisions of this chapter, where an applicant has been verified by another federal, state or local entity as eligible to receive some other federal, state or local public benefit as provided by PRWORA, such verification may be accepted by the status verifier as a verification which satisfies this chapter so long as the status verifier has a reasonable belief that such verification process ensures the eligibility of the applicant as required by this chapter.
(c) If determined to be ineligible, the applicant shall be given a written notice of such determination which includes the following information:
(1) Provides the basis of the denial (i.e. his/her immigration status), and
(2) Provides information on how the applicant may contact the INS to provide additional oral or written information to the INS if he/she believes that any information provided by the INS to the status verifier was erroneous, and
(3) Provides information which identifies the status verifier, the agency and the agency public benefit and includes the agency's address, and telephone number, and
(4) Provides a description of the agency appeal process which is available to the applicant.
(d) The verification process shall be deemed to have commenced when the applicant completes and signs the Form 1 referred to in subparagraph (a)(1) of this section and to be completed upon the completion of the applicable appeals process as provided in Section 12107 of this chapter. In the event that the applicant does not request an appeal in a proper and timely manner, then the verification process shall be deemed to be completed upon the expiration of the time limit for requesting the appeal. The applicant may waive, in writing, his or her right to appeal at any time prior to the expiration of the time limit for requesting the appeal and the verification process shall be deemed to be completed upon receipt by the status verifier of such waiver.
(e) The agency and any housing sponsor or qualified mortgage lender acting pursuant to this chapter shall not be liable for any action, delay or failure of the INS or any other person or entity in conducting the verification process.
1. New section filed 6-9-98 as an emergency; operative 8-1-98 (Register 98, No. 24). A Certificate of Compliance must be transmitted to OAL by 11-30-98 or emergency language will be repealed by operation of law on the following day.
2. Certificate of Compliance as to 6-9-98 order transmitted to OAL 9-21-98 and filed 10-28-98 (Register 98, No. 44).
3. Amendment of section and NOTE filed 11-2-98; operative 12-2-98 (Register 98, No. 45).
4. Amendment of subsection (b) filed 2-4-99 as an emergency; operative 2-4-99 (Register 99, No. 6). A Certificate of Compliance must be transmitted to OAL by 6-4-99 or emergency language will be repealed by operation of law on the following day.
5. Reinstatement of section as it existed prior to 2-4-99 emergency amendment by operation of Government Code section 11346.1(f) (Register 2000, No. 5).
Note: Authority cited: Sections 51050(e), 51050(s), 51067 and 51349, Health and Safety Code. Reference: 8 U.S.C. §§
1601, 1621, 1625, 1641 and 1642; and Sections 51050-51070, 51100-51253 and 51325-51340, Health and Safety Code.
