45 C.F.R. § 1626.4   Applicability.


Title 45 - Public Welfare


Title 45: Public Welfare
PART 1626—RESTRICTIONS ON LEGAL ASSISTANCE TO ALIENS

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§ 1626.4   Applicability.

(a) Except for §1626.12, the requirements of this part do not apply to the use of non-LSC funds by a recipient to provide legal assistance to an alien:

(1) Who has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse's or parent's family residing in the same household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty; or

(2) Whose child has been battered or subjected to extreme cruelty in the United States by a spouse or parent of the alien (without the active participation of the alien in the battery or extreme cruelty), or by a member of the spouse's or parent's family residing in the same household as the alien and the spouse or parent consented or acquiesced to such battery or cruelty, and the alien did not actively participate in such battery or cruelty; provided that the legal assistance is directly related to the prevention of, or obtaining relief from, the battery or cruelty.

(b) Recipients are not required by §1626.12 to maintain records regarding the immigration status of clients represented pursuant to paragraph (a) of this section.

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