Eligibility Requirements
A noncitizen who is battered is eligible when they have proof of the battering and meets the following conditions:
The noncitizen must have:
a Form I-130 petition filed by their spouse or the child’s parent
a Form I-130 petition filed as a widow(er) of a U.S. Citizen
an approved self-petition under the Violence Against Women Act (VAWA) (including those filed by a parent) or
an application for cancellation or removal or suspension of deportation filed as a victim of domestic violence.
The noncitizen, the noncitizen’s child or the noncitizen child’s parent has been abused in the U.S. under any of the circumstances specified below:
the noncitizen has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the noncitizen, or by a member of the spouse’s or parent's family residing in the same household if the spouse or parent consents to the battery and cruelty
the noncitizen’s child has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the noncitizen, or by a member of the spouse’s or parent’s family residing in the same household if the spouse or parent consents to the battery or cruelty, and the noncitizen did not actively participate in the battery or cruelty or
the parent of a noncitizen child has been battered or subjected to extreme cruelty in the U.S. by the parent’s spouse, or by a member of the spouse’s family residing in the same household as the parent, if the spouse consents to or acquiesces in such battery or cruelty
there is a substantial connection between the battery or extreme cruelty and the need for SNAP benefits
the battered noncitizen, child or parent, no longer resides in the same household as the abuser and
the noncitizen meets one of the following conditions:
has resided as a qualified noncitizen in the U.S. for five years
is elderly born on or before 8/22/31 who was lawfully residing in the U.S on 8/22/96
a child under 18 years of age
is a Disabled Noncitizen or
Note: |
The five-year period starts from the date the I-30 relative petition was filed, not the date the noncitizens obtain LPR status. |
Verification
Receipt of or other proof of filing an I-130 (visa Petition) under immediate relative (IR) or 2nd family preference (P-2) showing status as spouse
Form I-360 (application to qualify as abused spouse or child under VAWA)
Form I-797 Notice of Action referencing pending I-130 or I-360 or finding establishment of a prima facie case
Receipt of or other proof of filing an I-485 application for adjustment of status on the basis of an immediate relative (IR) or family 2nd preference petition or VAWA application; Any documents indicating a pending suspension of deportation or cancellation of removal case, including a receipt from an immigration court indicating filing of form EOIR-40 (application for suspension of deportation) or EOIR-42 (application for cancellation of removal)
Form I-668B or I-766 Employment Authorization Document (EAD) coded 274.12(a)(10) (applicant for suspension of deportation or 274.12(c)(14) or C14 (individual granted deferred action status) or
Any verification from the INS or other authoritative document
Note: |
Abused spouses or children, parents of abused children or children of abused spouses are eligible. (Must have a pending petition for immigrant visa, either filed by a spouse or a self-petition under the VAWA, or an application for suspension of deportation or cancellation of removal. The petition or application must either be approved or, if not yet approved, must present a prima facie case). |
Verification of Immigration Status
At application the applicant must provide documentation of immigration status only for household members applying for benefits. Once provided, you must verify the information through the Systematic Alien Verification for Entitlements (SAVE). This is done by selecting the Create New Case button in the SAVE system and completing the request form. Once submitted the system will verify the information or, in certain circumstances, prompt the user to institute a secondary verification.
Entering Legal Permanent Resident Data
TAFDC Noncitizen Policy and Procedures