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Resources:
Proof of Legal Residence
Requirement Background
In 1996, the United States Congress passed the Personal Responsibility
and Work Opportunity Act (the Act) which requires states to
eliminate a broad array of public benefits for illegal immigrants.
The definition of a public benefit includes professional and
occupational licenses issued to individuals by state agencies.
For purposes of the Department of Real Estate, the term "public
benefit" applies to original and renewal real estate salesperson
and broker licenses, prepaid rental listing service licenses,
mineral, oil and gas broker licenses.
To implement the provisions of the Act, the Department has adopted
Regulation 2718. This regulation requires, beginning August
1, 1998, proof of legal presence in the United States from all
applicants for a license. This new requirement applies to applicants
for both original and renewal licenses.
Please help us to help you avoid delays by making certain that
you submit an appropriate document establishing legal presence
in the United States, together with a properly completed State
Public Benefits Statement, RE 205, with your original or renewal
license application.
Acceptable Documents for
Establishing Legal Presence
The most common document that can be used for establishing proof
of U.S. citizenship is a birth certificate. In most cases, individuals
can obtain a certified copy of their birth certificate from
either the county recorder's office in the county where they
were born, or from the state office of vital statistics for
the state where they were born. The telephone numbers for the
vital statistics offices for all states, including U.S. Territories
and Possessions are in the "Vital Statistics Offices"
listed on RE 205A, State Public Benefits Information.
In addition to a birth certificate, there are a variety of other
documents which can be used to establish proof of U.S. citizenship
or legal alien status. The most common documents that can be
used for these purposes are included in Lists A and B below.
For a complete list of acceptable documents, please refer to
RE 205B, which may be obtained by contacting any DRE office
or at our website forms page.
Since it can take a number of weeks to obtain a certified copy
of a birth certificate, and possibly longer for other kinds
of documents, it is in the interest of all renewing licensees
and original license applicants to obtain the appropriate documentation
as early as possible to avoid processing delays. Appropriate
documentation showing legal presence must be received by the
Department before a license certificate can be issued.
When To Submit the Legal
Presence Document
Original license applicants must submit the required proof of
legal presence documentation with their application for original
licensure. With respect to existing licensees, the required
documentation must be submitted before a license will be renewed.
The Department will, however, accept the legal presence document
at any time during the licensee's four-year license term, if
the licensee should wish to submit that information early. If
this is done, the proof of legal presence document should be
submitted along with the form entitled State Public Benefits
Statement, RE 205. This form can be obtained from any DRE office
or at our website forms page.
Plan early to avoid future
processing delays
If warranted, licensees who file a renewal application in good
faith prior to their expiration date, and have otherwise met
all renewal requirements with the exception of filing a legal
presence document, will be granted a 90-day working extension
for the purpose of obtaining the required legal presence documentation.
If the licensee is unable to secure the document within the
90-day period, an additional 60-day working extension is available
by filing a written request which sets forth a legitimate reason
for the delay in obtaining the document. In the event that appropriate
documentation establishing legal presence is not submitted to
the Department by the end of the authorized extension period,
the renewal application will be considered late. This means
that the licensee will not be able to engage in activities which
require a real estate license until the license is issued following
receipt of the late renewal fee and appropriate legal presence
documentation.
With respect to licensees who file a renewal application on
a late basis, and do not submit documentation establishing legal
presence in the United States, the license will not be renewed
and there are no working extensions available. Accordingly,
the licensee will not be able to engage in activities which
require a real estate license until appropriate documentation
is submitted and the license is renewed within the statutory
grace period.
For United States citizens and permanent resident aliens, the
documentation will only need to be submitted once. Once the
Department's records reflect that an individual has permanent
status in the United States, there will be no further need to
update the record. However, for resident aliens who do not have
permanent status, documentation showing legal presence will
need to be submitted with each license renewal.
In view of the potential disruption of business that can take
place when documentation establishing legal presence is not
submitted, the Department encourages all licensees to submit
appropriate documentation as early as possible to avoid processing
delays. As previously stated, this documentation can be submitted
at any time during a licensee's four-year term with a completed
State Public Benefits Statement, RE 205.
NOTE: The following lists (A and B) contain
the most common documents which can be used to establish U.S.
Citizenship or legal alien status.
List A: Acceptable Documents
to Establish U.S. Citizenship
A person who is a citizen of the United States as evidenced
by one of the following:
- A copy of a birth certificate issued in or by a city,
county, state, or other governmental entity within the United
States or its outlying possessions.
- A U.S. Certificate of Birth Abroad (FS-545, DS-135) or
a Report of Birth Abroad of a U.S. Citizen (FS-240).
- A birth certificate or passport issued from:
- Puerto Rico, on or after January 13, 1941;
- Guam, on or after January 17, 1917;
- U.S. Virgin Islands, on or after January 17, 1917;
- Northern Mariana Islands, after November 4, 1986;
- American Samoa;
- Swain's Island; or,
- District of Columbia.
- A U.S. passport (expired or unexpired).
- Certificate of Naturalization (N-550, N-57, N-578).
- Certificate of Citizenship (N-560, N-561, N-645).
- U.S. Citizen Identification Card (I-179, I-197).
- An individual Fee Register Receipt (Form-G-711) that shows
that the person has filed an application for a New Naturalization
or Citizenship Paper (Form N-565).
- Any other document which establishes a U.S. place of birth
or indicates U.S. citizenship.
List B: Acceptable Documents
to Establish Alien Status
An alien lawfully admitted for permanent residence under the
Immigration and Naturalization Act (INA) must submit supporting
documentation (legible copy of the front and backside of the
document) to establish legal presence under one of the following
categories:
- An alien lawfully admitted for permanent residence under
the Immigration and Naturalization Act (INA). Evidence includes:
- INS Form I-551 (Alien Registration Receipt Card commonly
knows as a "green card"); or
- Unexpired Temporary I-551 stamp in foreign passport
or on INS Form I-94.
- An alien who is granted asylum under Section 208 of the
INA. Evidence includes:
- INS Form I-94 annotated with stamp showing grant of
asylum under Section 208 of the INA;
- INS Form I-688B (Employment Authorization Card) annotated
"274a.12(a)(5)";
- INS Form I-766 (Employment Authorization Document)
annotated "A5";
- Grant Letter from the Asylum Office of INS; or
- Order of an immigration judge granting asylum.
- A refugee admitted to the United States under Section
207 of the INA. Evidence includes:
- INS Form I-94 annotated with stamp showing admission
under Section 207 of the INA;
- INS Form I-688B (Employment Authorization Card) annotated
"274a.12(a)(3)";
- INS Form I-766 (Employment Authorization Document)
annotated "A3"; or
- INS Form I-571 (Refugee Travel Document).
- An alien paroled into the United States for at least one
year under Section 212(d)(5) of the INA. Evidence includes:
- INS Form I-94 with stamp showing admission for at
least one year under Section 212(d)(5) of the INA.
- An alien whose deportation is being withheld under Section
243(h) of the INA (as in effect immediately prior to September
30, 1996) or Section 241(b)(3) of such Act (as amended by
Section 305(a) of Division C of Public Law 104-208). Evidence
includes:
- INS Form I-668B (Employment Authorization Card) annotated
"274a.12(a)(10)";
- INS Form I-766 (Employment Authorization Document)
annotated "A10"; or
- Order from an immigration judge showing deportation
withheld under Section 243(h) of the INA as in effect
prior to April 1, 1997, or removal withheld under Section
241(b)(3) of the INA.
- An alien who is granted conditional entry under Section
203(a)(7) of the INA as in effect prior to April 1, 1980.
Evidence includes:
- INS Form I-94 with stamp showing admission under Section
203(a)(7) of the INA;
- INS Form I-688B (Employment Authorization Card) annotated
"274a.12(a)(3)"; or
- INS Form I-766 (Employment Authorization Document)
annotated "A3".
- An alien who is a Cuban or Haitian entrant (as defined
in Section 501(e) of the Refugee Education Assistance Act
of 1980). Evidence includes:
- INS Form I-551 (Alien Registration Receipt Card, commonly
known as a "green card") with the code CU6,
CU7, or CH6;
- Unexpired temporary I-551 stamp in foreign passport
or on INS Form I-94 with code CU6 or CU7; or
- INS Form I-94 with stamp showing parole as "Cuban/Haitian
Entrant" under Section 212(d)(5) of the INA.
- An alien paroled into the United States for less than
one year under Section 212(d)(5) of the INA. Evidence includes:
- INS Form I-94 showing this status.
- An alien who has been declared a battered alien. Evidence
includes:
- INS petition and supporting documentation.
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