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04 040113 HA ADMINPLAN EX 2
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04 040113 HA ADMINPLAN EX 2
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Last modified
3/28/2013 10:01:24 AM
Creation date
3/28/2013 9:36:46 AM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Date
4/1/2013
Destruction Year
2018
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Lawful residents of the Marshall Islands, the Federated States of Micronesia, and Palau, together <br />known as the Freely Associated States, or FAS, are eligible for housing assistance under section <br />141 of the Compacts of Free Association between the U.S. Government and the Governments of <br />the FAS [Public Law 106-504]. <br />Ineligible 1Voncitizens <br />Those noncitizens who do not wish to contend their immigration status are required to have their <br />names listed on a noncontending family members listing, signed by the head, spouse, or cohead <br />(regardless of citizenship status), indicating their ineligible immigration status. SARA is not <br />required to verify a family member's ineligible status and is not required to report an individual's <br />unlawful presence in the U.S. to the United States Citizenship and Immigration Services <br />(USCIS). <br />Providing housing assistance to noncitizen students is prohibited [24 CFR 5.522] .This <br />prohibition extends to the noncitizen spouse of a noncitizen student as well as to minor children <br />who accompany or follow to join the noncitizen student. Such prohibition does not extend to the <br />citizen spouse of a noncitizen student or to the children of the citizen spouse and noncitizen <br />student. Such a family is eligible for prorated assistance as a mixed family. <br />Mixed Families <br />A family is eligible for assistance as long as at least one member is a citizen, national, or eligible <br />noncitizen. Families that include eligible and ineligible individuals are considered mixed <br />families. Such families will be given notice that their assistance will be prorated, and that they <br />may request a hearing if they contest this determination. See Chapter 6 for a discussion of how <br />rents are prorated, and Chapter 16 for a discussion of informal hearing procedures. <br />Ineligible Families [24 CFR 5.514(4), (e), and (~] <br />SARA will not provide assistance to a family before the verification of at least one family <br />member. <br />When SARA determines that an applicant family does not include any citizens, nationals, or <br />eligible noncitizens, following the verification process, the family will be sent a written notice <br />within 14 days of the determination. <br />The notice will explain the reasons for the denial of assistance, that the family maybe eligible <br />for proration of assistance, and will advise the family of its right to request an appeal to the <br />United States Citizenship and Immigration Services (USCIS), or to request an informal hearing <br />with SARA. The informal hearing with SARA maybe requested in lieu of the USCIS appeal, or <br />at the conclusion of the USCIS appeal process. The notice must also inform the applicant family <br />that assistance may not be delayed until the conclusion of the USCIS appeal process, but that it <br />may be delayed pending the completion of the informal hearing process. <br />Informal hearing procedures are contained in Chapter 16. <br />Page 3 -10 <br />~~02~2012 <br />
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