Restrictions on Legal Assistance to Aliens
Federal Register, Volume 79 Issue 45 (Friday, March 7, 2014)
Federal Register Volume 79, Number 45 (Friday, March 7, 2014)
Proposed Rules
Pages 13017-13022
From the Federal Register Online via the Government Printing Office www.gpo.gov
FR Doc No: 2014-05008
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LEGAL SERVICES CORPORATION
Restrictions on Legal Assistance to Aliens
AGENCY: Legal Services Corporation.
ACTION: Proposed program letter.
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SUMMARY: This proposed program letter serves as a companion to 45 CFR part 1626. The proposed program letter should have been published in the Federal Register with the further notice of proposed rulemaking (FNPRM) on February 5, 2014, 79 FR 6859. LSC seeks comments on the proposed program letter. Additional information on the request for comments is located in the SUPPLEMENTARY INFORMATION section.
DATES: Comments on the proposed program letter are due April 7, 2014.
ADDRESSES: Written comments must be submitted to Stefanie K. Davis, Assistant General Counsel, Legal Services Corporation, 3333 K Street NW., Washington, DC 20007; (202) 337-6519 (fax) or 1626rulemaking@lsc.gov. Electronic submissions are preferred via email with attachments in Acrobat PDF format. Written comments sent to any other address or received after the end
Page 13018
of the comment period may not be considered by LSC.
FOR FURTHER INFORMATION CONTACT: Stefanie K. Davis, Assistant General Counsel, Legal Services Corporation, 3333 K Street NW., Washington, DC 20007, (202) 295-1563 (phone), (202) 337-6519 (fax), 1626rulemaking@lsc.gov
SUPPLEMENTARY INFORMATION: In 2003, LSC added a list of documents establishing the eligibility of aliens for legal assistance from LSC funding recipients as an appendix to part 1626. 68 FR 55540, Sept. 26, 2003. The appendix has not changed since 2003, although immigration documents and forms have changed and Congress has authorized LSC recipients to provide legal assistance to new categories of eligible aliens. LSC believes that the frequently changing nature of immigration documents and forms requires a more flexible and responsive means of informing recipients of the changes than the informal rulemaking process provides. Consequently, in a notice of proposed rulemaking published on August 21, 2013, LSC announced its intention to remove the appendix to part 1626 and publish the information contained in the appendix as a program letter. 78 FR 51696, Aug. 21, 2013. Because the initial revision of the appendix and reclassification as a program letter is a change to the regulation, it is being done pursuant to the LSC rulemaking protocol. As such, LSC is publishing the program letter in the Federal Register for public comment.
LSC published a FNPRM on February 5, 2014 proposing requesting comment on additional revisions to part 1626. 79 FR 6859, Feb. 5, 2014. The proposed program letter was intended to accompany the FNPRM. The comment period for this program letter will remain open for thirty days from the date of publication of the letter in the Federal Register. Because this document does not affect the substance of the FNPRM, the deadline for comments on the FNPRM will remain March 7, 2014.
Draft Program Letter
TO: All LSC Program Directors
FROM: James J. Sandman, President
DATE: , 2014
SUBJECT: Alien Eligibility under LSC Regulation Part 1626
LSC published a final rule revising 45 C.F.R. Part 1626, ``Restrictions on Legal Assistance to Aliens,'' on DATE. Revised Part 1626 was published without the Appendix. The information contained in the Appendix will be published instead as a Program Letter and an accompanying chart describing the categories of aliens eligible for legal assistance from LSC recipients and containing a non-exhaustive list of examples of acceptable documentation showing eligibility under Part 1626. These documents should be read together with Part 1626 in making eligibility determinations.
Documentation
The documents identified as acceptable to establish eligibility fall into one of two categories: 1) documents regarding the immigration status of an alien; or 2) documents providing evidence that the alien has experienced qualifying abuse or otherwise meets the requirements of 45 C.F.R. Sec. 1626.4 regarding the Violence Against Women Act (VAWA) and other anti-abuse statutes.
Special Considerations
Victims of trafficking are covered by different provisions of 45 C.F.R. Sec. 1626.4 depending on the nature of the trafficking activity. Recipients should determine whether an alien is a victim of trafficking under VAWA or section 101(a)(15)(U) of the Immigration and Nationality Act, or a victim of severe forms of trafficking under the Trafficking Victims Protection Act, 22 U.S.C. Sec. 7101 et seq. The facts of an alien's situation may indicate that the alien is eligible for assistance under one or more of these statutes.
Eligibility for assistance based on qualifying for a U-visa or being a victim of severe forms of trafficking requires consideration of other statutory factors in addition to the qualifying crime. See 8 U.S.C. Sec. 1101(a)(15)(U); 22 U.S.C. Sec. 7105(b)(1)(C). Recipients must document that an alien meets all relevant statutory factors.
Additional Resources
If you have any questions or concerns regarding this Program Letter or for further guidance, please contact LSC General Counsel Ronald S. Flagg. Additional information regarding the documentation contained in the chart can be found at the U.S. Customs and Immigration Service Web site (http://www.uscis.gov) and at the Anti-Trafficking in Persons Division of the Office of Refugee Resettlement within the Department of Health and Human Services Web site (http://www.acf.hhs.gov/programs/orr/programs/anti-trafficking).
Alien Eligibility for Representation by LSC-Funded Programs
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Regulatory
Statutory authorization of
Alien category authorization eligibility in 45 CFR Verification documents
part 1626
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Lawful Permanent Resident.......... 8 U.S.C. 1101(a)(20).. Sec. 1626.5(a)...... (1) Alien Registration
Receipt Card: Form I-551
or Form I-151; or
(2) Memorandum of Creation
of Record of Lawful
Permanent. Residence: Form
I-181 with approval stamp;
or
(3) Passport bearing
immigrant visa or stamp
indicating admission for
lawful permanent
residence; or
(4) Order granting
residency or adjustment of
status; or
(5) Permit to Reenter the
United States: Form I-327;
or
(6) Arrival/Departure
Record: CBP Form I-94 with
stamp indicating admission
for lawful permanent
residence; or
Page 13019
(7) Any verification of
lawful permanent residence
in the U.S. to include any
one of the following:
authoritative document
from the United States
Immigration and
Naturalization Service
(INS);\1\ or the
Department of Homeland
Security (DHS), including
online or email
verification.
Spouse of a U.S. citizen, or a 8 U.S.C. Sec. Sec. Sec. 1626.5(b)...... (1) Proof of filing of a
parent of a U.S. citizen, or an 1158(b)(3), 1255, qualifying application for
unmarried child under 21 of U.S. 1255a, 1259. adjustment of status to
citizen; and who has filed an permanent residency, which
application for adjustment of may include one or more of
status to lawful permanent the following: a fee
resident. receipt or an online or
email printout showing
that the application was
filed with the INS prior
to 2003, U.S. Citizenship
and Immigration Service
(USCIS), the Department of
Homeland Security (DHS),
or the immigration court;
or a filing stamp showing
that the application was
filed; or a grant of a fee
waiver for such
application, a biometrics
appointment notice
indicating such pending
application, a printout
from the USCIS online
service, or a copy of the
application accompanied by
a notarized statement
signed by the alien that
such form was filed; and
(2) Proof of relationship
to U.S. citizen, which may
include one or more of the
following: a copy of the
person's marriage
certificate accompanied by
proof of the spouse's U.S.
citizenship; or a copy of
the birth certificate,
baptismal certificate,
adoption decree, or other
document demonstrating the
individual is under the
age of 21, accompanied by
proof that the
individual's parent is a
U.S. citizen; or a copy of
Petition for Alien
Relative: Form I-130, or
Petition for American,
Widow(er) or Special
Immigrant: Form I-360
containing information
demonstrating the
individual is related to
such U.S. citizen,
accompanied by proof of
filing.
Asylee............................. 8 U.S.C. Sec. 1158.. Sec. 1626.5(c)...... (1) Arrival/Departure
Record: Form I-94 or
passport stamped
``asylee'' or ``Sec.
208''; or
(2) Order granting asylum
from INS \2\, DHS,
immigration judge, the
Board of Immigration
Appeals (BIA), or federal
court; or
(3) Refugee Travel
Document: Form I-571; or
(4) Employment
Authorization Card: Form I-
688B \3\ or Employment
Authorization Document:
Form I-766 coded ``8 CFR
Sec.
274a.12(a)(5)(asylee)'' or
``A5''; or
(5) Any verification of
lawful presence in the
U.S. or other
authoritative document
from INS or DHS, including
online or email
verification.
Refugee............................ 8 U.S.C. Sec. 1157.. Sec. 1626.5(c)...... (1) Arrival/Departure
Record: Form I-94 or
passport stamped
``refugee'' or ``Sec.
207''; or
(2) Employment
Authorization Card: Form I-
688B \4\ or Employment
Authorization Document:
Form I-766 coded ``8 CFR
Sec.
274a.12(a)(3)(refugee)''
or ``A3'' or ``8 CFR Sec.
274a.12(a)(4) (paroled
refugee)'' or ``A4''; or
(3) Refugee Travel
Document: Form I-571; or
(4) Any verification of
lawful presence in the
U.S. or other
authoritative document
from INS or DHS, including
online or email
verification.
Page 13020
Individual Granted Withholding of 8 U.S.C. Sec. Sec. 1626.5(e)...... (1) Arrival/Departure
Deportation, Exclusion, or Removal. 1231(b)(3) Record: Form I-94 stamped
(withholding of ``Sec. 243(h)'' or
removal); former INA ``Sec. 241(b)(3)''; or
section 243(h) (2) Order granting
(withholding of withholding of deportation/
deportation or deferral of removal from
exclusion). DHS, U.S. Immigration and
Customs Enforcement (ICE),
immigration court, BIA, or
federal court; or
(3) Temporary Resident
Card: Form I-688 \5\ or
Employment Authorization
Document: Form I-766 coded
``8 CFR Sec.
274a.12(a)(10)
(withholding of
deportation)'' or ``A10'';
or
(4) Any verification of
lawful presence in the
U.S. or other
authoritative document
from INS or DHS, including
online email verification.
Conditional Entrant................ 8 U.S.C. 1153(a)(7) Sec. 1626.5(d)...... (1) Arrival/Departure
\6\. Record: Form I-94 or
passport stamped
``conditional entrant'';
or
(2) Any verification of
lawful presence in the
U.S. or other
authoritative document
from INS or DHS, including
online or email
verification.
Special Agricultural Worker 8 U.S.C. 1160......... Sec. 1626.10(d)..... (1) Temporary Resident
Temporary Resident. Card: Form I-688 \7\, I-
688A, Employment
Authorization Card: Form I-
688B \8\, or Employment
Authorization Document:
Form I-766 indicating
issuance under INA Sec.
210 (or under 8 C.F.R.
Sec. 274a.12(a)(2) or
coded ``A2,'' with other
evidence indicating
eligibility under INA Sec.
210); or
(2) Any verification of
lawful presence in the
U.S. or other
authoritative document
from INS or DHS, including
online or email
verification.
H-2A Temporary Agricultural Worker. 8 U.S.C. Sec. Sec. 1626.11(a)..... (1) Arrival/Departure
1101(a)(15)(H). Record: Form I-94 or
passport stamped ``H-2A'';
or
(2) Any verification of
lawful presence in the
U.S. or other
authoritative document
from INS or DHS, including
online or email
verification.
H-2B Temporary Non-Agricultural 8 U.S.C. Sec. Sec. 1626.11(b)..... (1) Arrival/Departure
Worker. 1101(a)(15)(H). Record: Form I-94 or
passport stamped ``H-2B''
and evidence that the
worker is employed in
forestry; or
(2) Any verification of
lawful presence in the
U.S. or other
authoritative document
from INS or DHS, including
online or email
verification.
Aliens subjected to battery, Pub. L. 104-208, Div. Sec. 1626.4(c)(1), (1) A decision or other
extreme cruelty, sexual assault, A, Tit. V, Sec. (c)(2). authoritative document
or trafficking. 502(a)(2)(C), 110 from INS, DHS, USCIS,
Stat. 2009, 3009-60; immigration judge, BIA,
Pub. L. 109-162, Sec. federal or state court
164, 119 Stat. finding or verifying that
2960, 2978.. a person has been a victim
of the qualifying abuse;
or
(2) An affidavit or unsworn
written statement made by
the alien; a written
summary of a statement or
interview of the alien
taken by others, including
the recipient; a report or
affidavit from police,
judges, and other court
officials, medical
personnel, school
officials, clergy, social
workers, other social
service agency personnel;
an order of protection or
other legal evidence of
steps taken to end the
qualifying abuse; evidence
that a person sought safe
haven in a shelter or
similar refuge from the
qualifying abuse;
photographs; documents or
other evidence of a series
of acts that establish a
pattern of qualifying
abuse; or
(3) An application for
administrative or judicial
relief including an
assertion that the
applicant has been a
victim of the qualifying
abuse, but only if such
application is accompanied
or supplemented by any of
the evidence described in
the preceding paragraph
(2).
Page 13021
Victims of severe forms of 22 U.S.C. Sec. Sec. 1626.4(c)(3)... (1) An affidavit or unsworn
trafficking. 7105(b)(1)(B). written statement made by
the alien; a written
summary of a statement or
interview of the alien
taken by others, including
the recipient; a report or
affidavit from police,
judges, and other court
officials, medical
personnel, school
officials, clergy, social
workers, other social
service agency personnel;
an order of protection or
other legal evidence of
steps taken to end the
severe forms of
trafficking; evidence that
a person sought safe haven
in a shelter or similar
refuge from the severe
forms of trafficking;
photographs; documents or
other evidence of a series
of acts that establish a
pattern of severe forms of
trafficking; or
(2) An application for
administrative or judicial
relief including an
assertion that the
applicant has been a
victim of severe forms of
trafficking, but only if
such application is
accompanied or
supplemented by any of the
evidence described in the
preceding paragraph (1);
or
(3) Certification letter
from the U.S. Department
of Health and Human
Services (HHS); or
(4) Telephonic verification
of certification by
calling the HHS
trafficking verification
line, (202) 401-5510, or
(866) 401-5510.
Minor victims of severe forms of 22 U.S.C. Sec. Sec. 1626.4(c)(3)... (1) Eligibility letter from
trafficking. 7105(b)(1)(B). HHS; or
(2) Interim Eligibility
Letter from HHS; or
(3) An affidavit or unsworn
written statement made by
the alien; a written
summary of a statement or
interview of the alien
taken by others, including
the recipient; a report or
affidavit from police,
judges, and other court
officials, medical
personnel, school
officials, clergy, social
workers, other social
service agency personnel;
an order of protection or
other legal evidence of
steps taken to end severe
forms of trafficking;
evidence that the alien
sought safe haven in a
shelter or similar refuge
from severe forms of
trafficking; photographs;
documents or other
evidence of a series of
acts that establish a
pattern of severe forms of
trafficking; or
Certain family members of victims 22 U.S.C. Sec. Sec. 1626.4(c)(3)... (1) Application for
of severe forms of trafficking 7105(b)(1)(B). Immediate Family Member of
(``derivative T-visa holders''). T-1 Recipient: Form I-914,
Supplement A; or
(2) Notice of Action: Form
I-797, visa, Arrival/
Departure Form: Form I-94,
or passport stamped T-2, T-
3, T-4, or T-5, or T-6; or
(3) Employment
Authorization Card: Form I-
688B or Employment
Authorization Document:
Form I-766 coded
``(c)(25)''; or
(4) Documentary evidence
showing that the primary
applicant for immigration
relief is a victim of
severe forms of
trafficking as described
above; and credible
evidence showing that the
alien is a qualified
family member of the
primary applicant.
Aliens qualified for a U-visa...... Pub. L. 109-162, Sec. Sec. 1626.4(c)(4)... (1) Petition for U
164, 119 Stat. 2960, Nonimmigrant Status: Form
2978; 8 U.S.C. Sec. I-918; or
1101(a)(15)(U). (2) Petition for Immediate
Family Member of U-1
Recipient: Form I-918,
Supplement A; or
(3) Notice of Action: Form
I-797, visa, Arrival/
Departure Record: Form I-
94, or passport stamped U-
1, U-2, U-3, U-4, or U-5;
or
(4) Employment
Authorization Card: Form I-
688B or Employment
Authorization Document:
Form I-766 coded
``(a)(19)'' (principal) or
``(a)(20)'' (derivative);
or
(5) A decision or other
authoritative document
from INS, DHS, USCIS,
immigration judge, BIA,
federal or state court
finding or verifying that
a person qualifies for a U-
visa; or
Page 13022
(6) An affidavit or unsworn
written statement made by
the alien; a written
summary of a statement or
interview of the alien
taken by others, including
the recipient; a report or
affidavit from police,
judges, and other court
officials, medical
personnel, school
officials, clergy, social
workers, other social
service agency personnel;
an order of protection or
other legal evidence of
steps taken to end the
qualifying abuse; evidence
that the alien sought safe
haven in a shelter or
similar refuge from the
qualifying abuse;
photographs; documents or
other evidence of a series
of acts that establish a
pattern of qualifying
abuse; or
(7) An application for
administrative or judicial
relief including an
assertion that the
applicant qualifies for a
U-visa, but only if such
application is accompanied
or supplemented by any of
the evidence described in
the preceding paragraph
(6); or
(8) Documentary evidence
showing that the primary
applicant for immigration
relief qualifies for a U-
visa as described above;
and credible evidence
showing that the alien is
a qualified family member
of the primary applicant.
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\1\ For any immigration status document obtained prior to March 1, 2003.
\2\ Supra note 1.
\3\ Dated before April 3, 2009.
\4\ Supra note 3.
\5\ Supra note 3.
\6\ As in effect prior to April 1, 1980.
\7\ Infra note 3.
\8\ Infra note 3.
Dated: March 4, 2014.
Stefanie K. Davis,
Assistant General Counsel.
FR Doc. 2014-05008 Filed 3-6-14; 8:45 am
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