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959 Chapter 6:Non-citizens • Section 1: Introduction (07/2026) The VAWA provisions in the INA allow certain spouses, children, and parents of U.S. citizens and certain spouses and children of permanent residents (Green Card holders) to file a petition for themselves, without the abuser’s knowledge. This allows victims to seek both safety and independence from their abuser, who is not notified about the filing. Click here for Comparison Chart of U visa, T Visa, Violence Against Women Act (VAWA) Self-Petition, Special Immigrant Juvenile Status (SIJS), and Deferred Action for Childhood Arrivals (DACA). Note: This document is for informational comparison of different types of statuses and is not to be used for determining eligibility. SNAP House Resolution 1 Act made changes to SNAP eligibility. As of July 4, 2025, individuals who are victims of trafficking with a T Visa, are not eligible for SNAP benefits. Individuals who have a U visa are not eligible for SNAP benefits. Individuals who are self-petitioning under VAWA are not eligible for SNAP benefits. TANF In the TANF programs, individuals who are at risk of domestic violence or are fleeing domestic violence may waive the non-citizen requirement. However, if domestic violence is not a factor, then only VAWA self- petitioning and Trafficking Victims meet the non-citizen requirement. U visa holders must gain another status, usually LPR, prior to becoming eligible for TANF. VAWA Self-Petitioning (When there are no domestic violence considerations): Based on federal regulations, if an individual has been approved or has a DS-360 self-petition pending that sets forth a prima facie case, the individual meets qualified non-citizen status. To maintain TANF eligibility during this self-petitioning process, the parent or children who have been “battered and subjected to extreme cruelty” cannot live in the same household as the abuser. The need for benefits would have a substantial connection to the battering or extreme cruelty. A substantial connection means the benefits are needed to enable the applicant, the applicant’s child and/or (in the case of an non-citizen child) the applicant’s parent: • To become self-sufficient following separation from the abuser, • To escape the abuser and/or the community in which the abuser lives or to ensure the safety of the applicant, the applicant’s child or the applicant’s parent from the abuser, • To alleviate loss of financial support resulting from the separation from the abuser, or • To alleviate finances due to a reduction in earnings or job loss related to the battery or cruelty and/or the applicant or applicant’s parent (who is not the abuser) had to leave a job for safety reasons. And the abuse needed to have happened in the United States. REF Only victims of trafficking can be considered for REF and REFM. U visa holders and VAWA self-petitioning are not eligible. MSP Individuals with a T visa may not have to meet the 5-year requirement: • T1 visa holders have to present a Certification Letter from the U.S. Department of Health and Human