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Chapter: 1450 Technical Requirements Program: CIC 9 Proof of the battered status includes:

1. individual’s statement for proof of no longer living with the abuser and direct connection between battery and need for public assistance. 2. approved petitions or orders granted by USCIS. 3. restraining order or criminal conviction against the abuser. 4. charges brought about that lead to the conviction of the abuser, or 5. credible evidence of the abuse which includes but is not limited to, reports or affidavits from law enforcement, judges or other court officials, medical personnel, school officials, social workers, mental health providers, other social service agency personnel, legal documents, residence in a battered spouse shelter or similar refuge, photographs of the injuries, or sworn affidavits from friends, family members, or other third parties with personal knowledge of the battery or cruelty.

The eligibility specialist cannot delay authorization of an application or request for additional assistance while awaiting verification to establish battery or extreme cruelty. If it is later discovered that the noncitizen does not meet these criteria, a Benefit Recovery referral must be made.

Note: These individuals are subject to the five-year ban if entry is after 8/22/96 except lawfully residing children up to age 19.

Note: The eligibility specialist does not need to determine if the battered noncitizen meets the three criteria listed above for noncitizens who meet one of the other qualified noncitizen statuses unless it is to the noncitizen's advantage such as sponsored noncitizens. 1450.0114 Verification Requirements for Noncitizens (CIC) The eligibility specialist must verify the immigration status of all non-U.S. citizens applying for or receiving public assistance benefits through the U.S. Citizenship and Immigration Service (USCIS). Automated verification by telephone is performed first in most cases using the Systematic Alien Verification for Entitlement System (SAVE). If automated verification is not available or further verification is required, manual verification must be used by requesting the information directly from USCIS using USCIS Form G-845 and G845S supplemental form.

If a noncitizen is unable to provide any documentation to verify immigration status, the eligibility specialist is not responsible for contacting USCIS on the noncitizen's behalf unless the individual requests assistance in obtaining documentation or verification of immigration status.

An expired noncitizen registration card does not necessarily mean that the noncitizen lost their immigration status. If SAVE does not indicate the noncitizen has an acceptable status, the noncitizen should be referred to USCIS to obtain current USCIS documentation. If obtaining USCIS documentation would place an undue hardship on the noncitizen, or the noncitizen is hospitalized or suffers from a medical disability, the eligibility specialist must have the noncitizen sign the "Declaration of Citizenship" and continue to process the application. The USCIS documentation provided will be manually verified with USCIS.

Examples of undue hardship include, but are not limited to, living a distance from the USCIS office, lack of transportation, or a several months waiting period for an appointment with USCIS.

If a noncitizen does not have any documentation of immigration status, but can provide the "noncitizen registration number," the eligibility specialist will verify the number using the SAVE system. If the number is verified, and SAVE indicates the individual has an immigration status, this is acceptable documentation of the noncitizen's immigration status for all programs. However, the individual's identity must be verified to ensure the noncitizen registration number belongs to the individual.