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< Back to current issue of Immigration Daily < Back to current issue of Immigrant's Weekly

[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




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