Section 628.5 - Verification of Immigration Status by SAVE System(a) An applicant's immigration status shall be verified with the INS through the SAVE system, if the Board is authorized to do so.(b) The secondary SAVE verification method shall be to send a photocopy of each document submitted by an applicant to show immigration status to INS for verification.(c) The secondary SAVE verification method shall be used if:(1) the SAVE system is unavailable;(2) the SAVE system instructs the user to institute secondary verification;(3) the documents presented include immigration status, but do not include an alien registration or alien admission number;(4) the SAVE record verifies the alien registration or admission number on the document submitted by the alien, but does not match other information contained in the submitted document;(5) the document is suspected of being counterfeit or to have been altered;(6) the document includes an alien registration number in the A60 000 000 series (not yet issued) or A80 000 000 series (illegal border crossing);(7) the document is a fee receipt from INS for replacement of a lost, stolen or unreadable INS document;(8) the document is one of the following: (A) INS Form I-181b notification letter issued in connection with a memorandum of creation of record of permanent residence (INS Form I-181);(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 over one year before the date of the application for program benefits.(d) If verification through the SAVE system is not available, or 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 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 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 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.(e) If the INS advises that the applicant is a citizen or a nonimmigrant alien, has 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, § 628.5
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).