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04 - HAADMIN PLAN 2
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04 - HAADMIN PLAN 2
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1/3/2012 3:30:20 PM
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City Clerk
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Agenda Packet
Item #
04
Date
12/20/2010
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~ In the case of a participant, the criteria and procedures for obtaining relief under the <br />provisions for preservation of families [24 CFR 5.514 and 5.518]. <br />~ That the family has a right to request an appeal to the USCIS of the results of secondary <br />verification of immigration status and to submit additional documentation or explanation in <br />support of the appeal. <br />~ That the family has a right to request an informal hearing with SAHA either upon completion <br />of the USCIS appeal or in lieu of the USCIS appeal. <br />~ For applicants, assistance may not be delayed until the conclusion of the USCIS appeal <br />process, but assistance may be delayed during the period of the informal hearing process. <br />USCIS Appeal Process [24 CFR 5.514(e)] <br />When SAHA receives notification that the USCIS secondary verification failed to confirm <br />eligible immigration status, SAHA will notify the family of the results of the USCIS verification. <br />The family will have 30 days from the date of the notification to request an appeal of the USCIS <br />results. The request for appeal must be made by the family in writing directly to the USCIS. The <br />family must provide SAHA with a copy of the written request for appeal and the proof of <br />mailing. <br />SAHA will notify the family in writing of the results of the USCIS secondary verification <br />within 14 days of receiving the results. <br />The family must provide SAHA with a copy of the written request for appeal and proof <br />of mailing within 14 days of sending the request to the USCIS. <br />The family must forward to the designated USCIS office any additional documentation or <br />written explanation in support of the appeal. This material must include a copy of the USCIS <br />document verification request (used to process the secondary request) or such other form <br />specified by the USCIS, and a letter indicating that the family is requesting an appeal of the <br />USCIS immigration status verification results. <br />The USCIS will notify the family, with a copy to SAHA, of its decision. When the USCIS <br />notifies SAHA of the decision, SAHA must notify the family of its right to request an informal <br />hearing. <br />SAHA will send written notice to the family of its right to request an informal hearing <br />within 14 days of receiving notice of the USCIS decision regarding the family's <br />immigration status. <br />Informal Hearing Procedures for Applicants [24 CFR 5.514(f)] <br />After notification of the USCIS decision on appeal, or in lieu of an appeal to the USCIS, the <br />family may request that SAHA provide a hearing. The request for a hearing must be made either <br />within 30 days of receipt of SAHA notice of denial, or within 30 days of receipt of the USCIS <br />appeal decision. <br />The informal hearing procedures for applicant families are described below. <br />Informal Hearing Officer <br />SAHA will provide an informal hearing before an impartial individual, other than a person who <br />made or approved the decision under review, and other than a person who is a subordinate of the <br />iii29iio Page 16-15 <br />
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