Page 14

Chapter: 1400 Technical Requirements Program: FS 9 1410.0113 Battered (FS) A battered individual, or parent or child of a battered person with a petition pending under Section 204(a)(1)(A) or (B) or 244(a)(3), as determined by U.S. Citizenship and Immigration Services (USCIS) are defined as noncitizens who are, or have been battered or subjected to extreme cruelty in the United States by a family member with whom they reside. This includes a noncitizen whose child or a noncitizen child whose parent has been abused. The phrase battered or subjected to extreme cruelty includes, but is not limited to, being the victim of any act or threatened act of violence.

Battered noncitizens that have not been in a battered status for five years or more must be in another qualified status to be eligible for food stamps. Sponsored noncitizens who have been determined to meet the battered noncitizen status are exempt from sponsored noncitizen deeming for a period not to exceed a total of 12 months. The battered status must be reviewed every 12 months so that the noncitizen may continue to be exempt from sponsor deeming.

Note: These individuals are subject to the five-year ban if entry date is after 8/22/96. Battered children under the age of 18 are not subject to the five-year ban.

Noncitizens who claim to be battered must satisfy all the following requirements:

1. Show that noncitizen has an approved or pending petition which makes a prima facie case for immigrant status in one of the following categories:

a. a Form I-130 filed by their spouse or the child’s parent; b. a Form I-130 petition as a widow(er) of a U.S. citizen; c. an approved self-petition under the Violence Against Women Act (including those filed by a parent; or d. an application for cancellation of removal or suspension of deportation filed as a victim of domestic violence.

2. The noncitizen, the noncitizen’s child or the noncitizen child’s parent has been abused in the U.S. under the following circumstances:

a. 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 consent to the battery or cruelty. b. 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 family residing in the same house if the spouse or parent consents to the battery or cruelty, and the noncitizen did not actively participate in the battery or cruelty. c. 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 household as the parent, if the spouse consents to or allows such battery or cruelty.

3. The battered noncitizen, child, or parent no longer lives in the same household as the abuser(s).

4. There is a substantial connection between the battery or extreme cruelty and the need for public assistance.

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;