[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR5.512]



[Page 68-69]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 5_GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS--Table of Contents

 

           Subpart E_Restrictions on Assistance to Noncitizens

 

Sec.  5.512  Verification of eligible immigration status.



    (a) General. Except as described in paragraph (b) of this section 

and Sec.  5.514, no individual or family applying for assistance may 

receive such assistance prior to the verification of the eligibility of 

at least the individual or one family member. Verification of 

eligibility consistent with Sec.  5.514 occurs when the individual or 

family members have submitted documentation to the responsible entity in 

accordance with Sec.  5.508.

    (b) PHA election to provide assistance before verification. A PHA 

that is a responsible entity under this subpart may elect to provide 

assistance to a family before the verification of the



[[Page 69]]



eligibility of the individual or one family member.

    (c) Primary verification--(1) Automated verification system. Primary 

verification of the immigration status of the person is conducted by the 

responsible entity through the INS automated system (INS Systematic 

Alien Verification for Entitlements (SAVE)). The INS SAVE system 

provides access to names, file numbers and admission numbers of 

noncitizens.

    (2) Failure of primary verification to confirm eligible immigration 

status. If the INS SAVE system does not verify eligible immigration 

status, secondary verification must be performed.

    (d) Secondary verification--(1) Manual search of INS records. 

Secondary verification is a manual search by the INS of its records to 

determine an individual's immigration status. The responsible entity 

must request secondary verification, within 10 days of receiving the 

results of the primary verification, if the primary verification system 

does not confirm eligible immigration status, or if the primary 

verification system verifies immigration status that is ineligible for 

assistance under a Section 214 covered program.

    (2) Secondary verification initiated by responsible entity. 

Secondary verification is initiated by the responsible entity forwarding 

photocopies of the original INS documents required for the immigration 

status declared (front and back), attached to the INS document 

verification request form G-845S (Document Verification Request), or 

such other form specified by the INS to a designated INS office for 

review. (Form G-845S is available from the local INS Office.)

    (3) Failure of secondary verification to confirm eligible 

immigration status. If the secondary verification does not confirm 

eligible immigration status, the responsible entity shall issue to the 

family the notice described in Sec.  5.514(d), which includes 

notification of the right to appeal to the INS of the INS finding on 

immigration status (see Sec.  5.514(d)(4)).

    (e) Exemption from liability for INS verification. The responsible 

entity shall not be liable for any action, delay, or failure of the INS 

in conducting the automated or manual verification.



[61 FR 13616, Mar. 27, 1996, as amended at 61 FR 60539, Nov. 29, 1996; 

64 FR 25731, May 12, 1999]