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[Federal Register: September 26, 2003 (Volume 68, Number 187)]
[Rules and Regulations]
[Page 55539-55542]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26se03-22]
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LEGAL SERVICES CORPORATION
45 CFR Part 1626
Alien Eligiblity for Representation by LSC Programs
AGENCY: Legal Services Corporation.
ACTION: Final rule.
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SUMMARY: The Legal Services Corporation (``Corporation'') is revising
the appendix to its regulations on restrictions on legal assistance to
aliens. This appendix sets forth a listing of documents upon which
recipients may rely to verify the eligibility of non-U.S. citizens'
applicants for legal assistance from LSC-funded programs.
EFFECTIVE DATE: This rule is effective as of September 26, 2003.
FOR FURTHER INFORMATION CONTACT: Mattie C. Condray, Senior Assistant
General Counsel, Legal Services Corporation, 3333 K Street, NW., Washington, DC 20007-3522; (202) 295-1624; mcondray@lsc.gov.
SUPPLEMENTARY INFORMATION: Recipients of Legal Services Corporation
(``Corporation'') funds are permitted by law to provide legal
assistance only to U.S. citizens and certain legal aliens. Recipients
are required to verify the
[[Page 55540]]
eligibility of non-U.S. citizen applicants for legal assistance by
seeing documentary proof of the applicant's status. This appendix sets
forth a listing of documents upon which recipients may rely to verify
the eligibility of non-U.S. citizens applicants for legal assistance
from LSC-funded programs.
List of Subjects for 45 CFR 1626
Aliens, Grant programs--law, Individuals with disabilities, Legal
services.
0
For reasons set forth above, 45 CFR 1626 is amended as follows:
PART 1626--RESTRICTIONS ON LEGAL ASSISTANCE TO ALIENS
0
1. The authority citation for Part 1626 continues to read as follows:
Authority: Pub. L. 104-208, 110 Stat. 1321; Pub. L. 104-134, 110
Stat. 3008.
0
2. The Appendix to Part 1626 is revised to read as follows:
Appendix to Part 1626
Alien Eligibility for Representation by LSC Programs
----------------------------------------------------------------------------------------------------------------
LSC regs; 45 CFR Sec. Examples of acceptable
Alien category Immigration Act (INA) 1626 documents
----------------------------------------------------------------------------------------------------------------
LAWFUL PERMANENT RESIDENT.......... INA Sec. 101(a)(20); Sec. 1626.5(a)...... I-551 or I-151
8 USC Sec. or I-181 (Memorandum of
1101(a)(20). Creation of Record of
Lawful Permanent
Residence), with approval
stamp;
or passport bearing
immigrant visa or stamp
indicating admission for
lawful permanent
residence;
or order granting registry,
suspension of deportation,
cancellation of removal,
or adjustment of status
from the INS, an
immigration judge, the
BIA, or a federal court;
or I-327 Reentry Permit;
or I-94 with stamp
indicating admission for
lawful permanent
residence;
or any verification from
INS or other authoritative
document.
ALIEN WHO IS --married to U.S. INA Sec. Sec. 208, Sec. 1626.5(b)...... Proof of relationship to
citizen, or. 210, 244 (replaced by U.S. citizen* and proof of
--parent of U.S. citizen, or--..... INA Sec. 240A(b) filing:**
unmarried child under 21 of U.S. for aliens in I-485 (application for
citizen. proceedings initiated adjustment of status based
and................................ on or after 4/1/97), on family-based visa,
--has filed an application for 245, 245A, 249; 8 USC registry, or various
adjustment of status to permanent Sec. Sec. 1158, special adjustment laws)
residency. 1160, 1254 (replaced or I-256A or EOIR-40
by 1229b(b) for (application for
aliens in proceedings suspension of deportation)
initiated on or after or EOIR-42 (application for
4/1/97), 1255, 1255a, cancellation of removal)
1259. or I-817 (application for
Family Unity)
or I-881 (application for
NACARA suspension or
special rule cancellation
and adjustment)
or OF-230 (application at
consulate for visa)
or I-129F (Petition for
Alien Fianc[eacute](e)
(for spouses and children
of USCs applying for K-
status)
or I-130 (family-based
immigrant visa petition)
or I-360 (self-petition for
widow(er) or abused spouse
or child)
or I-539 indicating
application for V status
or I-589 (application for
asylum)
or I-698 (application to
adjust from temporary to
permanent residence)
or I-730 (refugee/asylee
relative petition)
or any verification from
INS or other authoritative
document.
*Proof of relationship may
include: copy of marriage
certificate accompanied by
proof of spouse's U.S.
citizenship; copy of birth
certificate, religious
archival document such as
baptismal certificate,
adoption decree or other
documents demonstrating
parentage of a U.S.
citizen; copy of birth
certificate, baptismal
certificate, adoption
decree, or other documents
demonstrating alien is a
child under age 21,
accompanied by proof
parent is a U.S. citizen;
or in lieu of the above, a
copy of INS Form I-130
(visa petition) or I-360
(self-petition) containing
information demonstrating
alien is related to such a
U.S. citizen, accompanied
by proof of filing.
[[Page 55541]]
**Proof of filing may
include a fee receipt or
cancelled check showing
that the application was
filed with the INS or the
immigration court; a
filing stamp showing that
the application was filed;
or a copy of the
application accompanied by
a declaration or
attestation signed by the
immigrant, or the
immigrant's attorney or
legal representative for
the application, that such
form was filed. Proof of
filing is also established
by: a letter or Form I-797
from INS or the
immigration court
acknowledging receipt of
or approval of one of the
above-listed forms;
or Form I-94 (arrival/
departure record) or I-512
(advance parole)
indicating entry to pursue
an above-listed
application;
or I-688B or I-766
(employment authorization
document) coded 8 CFR Sec.
274a. 12(c)(9)
(applicant for
adjustment), (c)(10)
(applicant for suspension
or cancellation, (c)(16)
(applicant for registry),
(c)(21) (S-visa principal
or dependent), (c)(20) or
(22) (legalization
applicant), (c)(24) (LIFE
Act legalization
applicant), (a)(9) (K-
status), (a)(13)(Family
Unity), (a)(14) (LIFE Act
Family Unity), (a)(15) (V-
status), (a)(16) or
(c)(25) (T-status) or
(c)(8) (asylum applicant).
REFUGEE............................ INA Sec. 207, 8 USC Sec. 1626.5(c)...... I-94 or passport stamped
Sec. 1157. ``refugee'' or ``Sec.
207''
or I-688B or I-766 coded 8
CFR Sec.
274a.12(a)(3)(refugee) or
Sec. 274a.
12(a)(4)(paroled as
refugee)
or I-571 refugee travel
document
or any verification from
INS or other authoritative
document.
ASYLEE............................. INA Sec. 208, 8 USC Sec. 1626.5(c)...... I-94 or passport stamped
Sec. 1158. ``asylee'' or ``Sec.
208''
or an order granting asylum
from INS, immigrantion
judge, BIA, or federal
court
or I-571 refugee travel
document
or I-688B coded 8 CFR Sec.
274a. 12(a)(5)(asylee)
or any verification from
INS or other authoritative
document.
GRANTED WITHHOLDING OR DEFERRAL OF INA Sec. 241(b)(3) Sec. 1626.5(e)...... I-94 stamped ``Sec.
DEPORTATION OR REMOVAL. or former INA Sec. 243(h)'' or ``241(b)(3)''
243(h), 8 USC Sec. or an order granting
1251(b)(3) or former withholding or deferral of
8 USC Sec. 1253(H). deportation or removal
from INS, immigration
judge, BIA, or federal
court
Also acceptable
I-688B coded 8 CFR Sec.
274a.12(a)(10)(granted
withholding of deportation
or removal)
or any verification from
INS or other authoritative
document.
CONDITIONAL ENTRANT................ INA Sec. 203(a)(7), Sec. 1626.5(d)...... I-94 or passport stamped
8 USC Sec. ``conditional entrant''
1153(a)(7). or any verification from
INS or other authoritative
document.
H-2A AGRICULTURAL WORKER........... INA Sec. 101 Sec. 1626,11........ I-94 or passport stamped
(a)(15)(H)(ii); 8 USC ``H-2''
Sec. 1101 or any verification from
(a)(15)(ii). INS or other authoritative
document.
SPECIAL AGRICULTURAL WORKER INA Sec. 210 8 USC Sec. 1626.10(d)..... I-688, 688A, 688B, or 766
TEMPORARY RESIDENT. Sec. 1160. indicating issuance under
Sec. 210 (or under 8 CFR
Sec. 274a. 12(a)(2),
with other evidence
indicating eligibility
under INA Sec. 210)
or any verification from
INS or other authoritative
document.
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[[Page 55542]]
Victor M. Fortuno,
Vice President for Legal Affairs, General Counsel & Corporate
Secretary.
[FR Doc. 03-24327 Filed 9-25-03; 8:45 am]
BILLING CODE 7050-01-P
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