Effective March 15, 1999, changes to

49 CFR, Part 24

, require that individuals unlawfully present in the U.S. are ineligible for entitlements under the relocation assistance program.

A person is determined unlawfully present if he/she fails to certify that he/she is a citizen or national of the U.S., or his/her certification is determined invalid.

Aliens lawfully present in the U.S. must provide supporting documentation of their residency status. Evaluate this documentation according to

49 CFR 24.208

. Coordinate the evaluation with the ROW Program Office for statewide consistency.

A person who is unlawfully present in the U.S., but who can demonstrate that denial of relocation assistance benefits will result in an “exceptional and extremely unusual hardship” to the person's spouse, parent, or child (if that spouse, parent, or child is a citizen of the U.S. or an alien lawfully admitted for permanent residence in the U.S.), may be considered eligible to receive relocation benefits. Coordinate the evaluation with the ROW Program Office for statewide consistency.

The TxDOT form is available.