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2.9) DESARROLLO DEL PROCESO EN ESPECIAL SOBRE LAS REGLAS DE MODULACIÓN DE LA CARGA DE LA PRUEBA EN LAS DEMANDAS DE ACOSO MORAL.

Can an individual use the GR district office for their mailing address?

Yes, the GR district office can be used as a mailing address for homeless individuals. However,

individuals with a residence address must provide a mailing address and may not use the district office as a mailing address. No exceptions are allowed.

NOTE: Individuals with a mailing address are to review and sign the PA 1815, Important Notice Regarding a Mailing Address (an out of drawer form).

Refer to FS 63-401 for details on Food Stamps. GR 42-406.5 –

Process: District Office Mailing Address

How are cases using the District Office as the mailing address handled?

• When an individual uses the district address as his/her mailing address, mail is not sent to the individual at a vendor facility. Mail is held until the individual comes to the district office.

• When the Worker wants to see the individual, the mail is flagged with a note to notify the designated district person distributing the mail. When the individual picks up his/her mail, the designated staff person advises the individual of this. When an individual is using the district address as his/her mailing address and reports a residence address, the residence address and mailing address

is changed on LEADER.

Refer to Address – Change/Correction for LEADER procedures.

• For homeless individuals, the district responsible for application processing is the district in which the individual applies. When the homeless

individual reports a different mailing address (other than the district office), but still lives within the district boundaries, the case remains at the district of residence.

• When an individual reports living homeless in an area outside the district’s boundaries, the case is transferred to the district responsible for the area in which the individual is now homeless

(regardless of the mailing address on record). GR 42-407 – Ineligible

Immigrant

Which immigrants are not eligible for GR? The following immigrants are not eligible for GR: • Immigrants Unlawfully Present in the U.S.

Immigrants who are not lawfully present in the U.S. cannot establish “intent” to reside permanently or indefinitely in Los Angeles County, even though they may have physical presence in this County. • Immigrants Lawfully Present in the U.S.

Immigrants who are lawfully present in the U.S. for a temporary period, such as with USCIS

documents containing time limitations other than the ten-year or three-year expiration dates (see GR 42-403) on those I-151s/I-551s, Resident Immigrant Cards, issued as of 1991 (e.g., Student Visa, Tourist Visa, Work Visa, I-94s stating Asylum Applicants, etc.) do not have the ability to establish intent to reside permanently or indefinitely in Los Angeles County, since they have been given permission to remain in the U.S. for a temporary period only.

• Permanent Resident Under Color of Law, (PRUCOL) Immigrants

Exception: Immigrants who have been granted “temporary resident” status under the IRCA of 1986 are eligible for GR.

GR 42-408 – Eligible Immigrant

What immigrants are eligible for GR?

Any immigrant who claims to be a lawful permanent resident, IRCA temporary resident, or an immigrant entitled to remain indefinitely in the U.S. must provide proof of this status before any aid may be issued. The immigrant must provide his/her immigrant registration card or registration card number.

Any immigrant unable to provide proof of eligible immigrant status is denied.

GR 42-408.1 –

Verification on SAVE

How is the alien number verified?

When the Worker enters the alien number in LEADER, LEADER verifies the number using the Systematic Alien Verification Entitlements (SAVE) system.

GR 42-408.2 – Verification Not On SAVE

What needs to be done when the alien number cannot be verified by SAVE?

• When the alien number cannot be verified by SAVE:

• The G-845 SAVE, USCIS/INS Document Verification Request, is sent to USCIS to obtain alien information. A 30-day FAC is set for return of the form. There is no eligibility to GR until legal status can be verified.

If the individual is a sponsored alien and the whereabouts of the sponsor are unknown, the G- 845 SUPPLEMENT, USCIS/INS Document Verification Request Supplement, is sent along with the G-845 SAVE.

● The individual is advised there is no eligibility to GR until legal status can be verified.

GR 42-408.3 – Verification: Permanent USCIS Resident Status

What verification is needed for Permanent USCIS Resident Status?

An immigrant who has a valid I-551/I-151, a G-845 SAVE, USCIS/INS Document Verification Request; and/or G-845 SUPPLEMENT, USCIS/INS Document Verification Request Supplement, verifying permanent resident status, or other USCIS documents showing permanent resident status, has been given permission to reside permanently in the U.S. This includes those

immigrants selected for permanent residence through the lottery system (immigrant card designator “OP1”). Such an immigrant has the ability to establish

residence by physical presence and intent to reside in Los Angeles County permanently or indefinitely. USCIS is replacing all I-151s issued prior to 1978 with a new I-551. The I-551 is a counterfeit resistant card. Holders of I-151 cards, even though expired, are lawful permanent resident immigrants whose immigration immigrant status will continue to be shown on the Alien Status Verification Index (ASVI) in the SAVE system.

At the time of application for a new I-551, a receipt is issued to the immigrant. This receipt can be used for verification of immigrant status.

Once verification is input, LEADER determines eligibility.

GR 42-408.4 –

Verification: Indefinite USCIS Resident Status

What verification is needed for indefinite USCIS Resident Status?

Immigrants claiming to be entitled to remain in the U.S. for an indefinite period (e.g., certain Cuban Refugees, Hungarian Refugees, etc.) must provide valid USCIS documentation. Such immigrants, if otherwise eligible, may be aided until such time, if ever, that USCIS revokes their indefinite status. Once verification is input, LEADER determines eligibility.

GR 42-408.5 – Verification: North American Indian Born in Canada

What verification is needed for North American Indians born in Canada?

Under the Jay Treaty of 1794, North American Indians born in Canada have the right to cross the

U.S./Canada border freely, to visit, live, and work in the U.S. The U.S. grants permanent resident status to verified Canadian born North American Indians. These persons are not required to have USCIS documentation of permanent resident status and are not required to register with USCIS as a condition of GR eligibility. These individuals must:

• Possess at least 50% North American Indian blood, or

and have maintained residency in the U.S. since prior to December 24, 1952.

Once verification is input, LEADER determines eligibility.

Examples of acceptable verification of permanent resident status for North American Indians born in Canada are:

• Birth records.

• Affidavit from a tribal official.

• Letter from the Canadian Department of Indian Affairs.

• USCIS letter acknowledging application for

adjustment of status to permanent resident status. • Canadian Band Cards for persons who entered

and have maintained residency in the U.S. since before December 24, 1952.

NOTE: A Canadian Band Card only verifies the person is a Canadian-born North American Indian. Additional verification is needed to verify the

percentage of North American Indian blood if the entry date is after December 24, 1952.

• Other than the USCIS letter, the verification must indicate that the individual was born within the boundaries of Canada and possesses at least 50% North American Indian blood, or, if not 50% North American Indian, that he/she entered the U.S. prior to December 24, 1952 and has maintained

residency in the U.S.

● For GR purposes, a G-845 SAVE, USCIS/INS

Document Verification Request, is initiated for individuals who cannot provide acceptable

verification of their eligible immigrant status under the provisions of the Jay Treaty. The G-845 SAVE must be returned and it must indicate that the individual is in an eligible category prior to the issuance of aid.

If the individual does not provide the

necessary verification, there is no eligibility to GR.

GR 42-408.6 – Tribal