Current through Register 2024 Notice Reg. No. 50, December 13, 2024
Section 628.6 - Manual Verification of Immigration Status(a) If 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 INS is the appropriate government entity to contact for verification. The Board shall request verification from 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 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.(b) The type of documentation referred to the INS for verification pursuant to INS Form G-845 shall include the following:(1) a document that indicates immigration status but does not include an alien registration or alien admission number;(2) a document that is suspected to be counterfeit or to have been altered;(3) a document that includes an alien registration number in the A60 000 000 (not yet issued) or A80 000 000 (illegal border crossing) series;(4) a document that is one of the following:(A) an INS Form I-181b notification letter issued in connection with an INS Form I-181 Memorandum of Creation of Record of Permanent Residence;(B) an Arrival-Departure Record (INS Form I-94); or(C) 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 program benefits.(c) If the INS advises that the applicant is a citizen or a nonimmigrant alien, has an immigration status which makes him or her a qualified alien, or is an alien paroled into the United States under 8 U.S.C. section 1182(d)(5) for less than one year, the INS verification should be accepted. If the INS advises that it cannot verify that the applicant is a citizen or a nonimmigrant alien, has immigration status that makes him or her a qualified alien, or is an alien paroled into the United States under 8 U.S.C. section 1182(d)(5) for less than one year, benefits shall be denied and the applicant notified pursuant to the program's regular procedures of his or her rights to appeal the denial of benefits.Cal. Code Regs. Tit. 2, § 628.6
1. New section filed 3-24-98 as an emergency; operative 3-24-98 (Register 98, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-22-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-21-98 as an emergency; operative 7-21-98 (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-18-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-21-98 order, including amendment of NOTE, transmitted to OAL 11-10-98 and filed 12-28-98 (Register 99, No. 1). Note: Authority cited: Sections 13920, 13974 and 13974.1, Government Code; and Section 4906, Penal Code. Reference: 8 U.S.C. Sections 1621 and 1625.
1. New section filed 3-24-98 as an emergency; operative 3-24-98 (Register 98, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-22-98 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 7-21-98 as an emergency; operative 7-21-98 (Register 98, No. 30). A Certificate of Compliance must be transmitted to OAL by 11-18-98 or emergency language will be repealed by operation of law on the following day.
3. Certificate of Compliance as to 7-21-98 order, including amendment of Note, transmitted to OAL 11-10-98 and filed 12-28-98 (Register 99, No. 1).