Page 183

UPDATED: NOVEMBER 2009 620

OTHER ELIGIBILITY REQUIREMENTS CITZENSHIP AND IMMIGRATION STATUS QUALIFIED ALIENS

BATTERED QUALIFIED ALIENS

Description: An immigrant who, or whose child or parent, has been battered or subjected to extreme cruelty in the United States by a U.S. citizen or lawful permanent resident spouse or parent can be considered a qualified alien. An immigrant whose child has been battered/abused by the child's U.S. citizen or lawful permanent resident other parent is similarly eligible, as are immigrant children, whose parent has been abused by the parent's U.S. citizen or lawful permanent resident spouse residing in the same household. The immigrant can be considered a qualified alien when it is determined that there is substantial connection between the battery, abuse or cruelty and the need for benefits. Policy: Battered immigrants are considered qualified aliens and are said to be in satisfactory immigration status.

References: SSL Sect. 122

131-k

Dept Reg. 349.3

351.1

351.2

360-3.2(j)

ADMs 04 ADM-7

97 ADM-23

92 ADM-10

88 ADM-47

88 ADM-22

88 ADM-24

INFs 06 OMM-INF-5

GISs 08 MA/009

Interpretation: Battery or extreme cruelty is defined as including, but not limited to, being a victim of any act or threatened act of violence, including forceful detention, which results or threatens to result in physical or mental injury or psychological or sexual abuse or exploitation, including rape, molestation, incest, or forced prostitution. (MRG)