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Chapter: 1400 Technical Requirements Program: TCA 37 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 that the battered noncitizen, child, or parent no longer lives with the abuser and that there is a direct connection between the battery and their 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: 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 noncitizens advantage, such as sponsored noncitizens. 1420.0114 Verification Requirements for Noncitizens (TCA) The eligibility specialist must verify the immigration status of all noncitizens applying for or receiving TCA through the US Citizenship and Immigration Service (USCIS).

If a noncitizen does not wish for our agency to contact USCIS to verify immigration status, the household must be given the option of withdrawing its application or participating without that