Aliens; legal assistance restrictions: Alien eligibility for representation by LSC programs,
[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]
LEGAL SERVICES CORPORATION
45 CFR Part 1626
Alien Eligiblity for Representation by LSC Programs
AGENCY: Legal Services Corporation.
ACTION: Final rule.
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.
[[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
