108.932 Battered Noncitizen Eligibility for TANF

There are several categories of noncitizens who qualify for TANF. One category is noncitizens who have been battered or subjected to extreme cruelty and who are seeking relief under special provisions of the Violence Against Women Act (VAWA). Noncitizens who are “qualified noncitizens” and who are otherwise eligible for TANF but subject to the five-year bar, are identified with Program Status Code (PGM) 04 and must be used with both C and U categories. This includes a noncitizen in the budget who is ineligible for Federally funded benefits for five years from his/her date of entry into the U.S. or date of status.

If a noncitizen applicant does not fall within any other noncitizen category making them eligible for benefits, the CAO should inform the applicant about these special rules. Non-citizens who appear to meet these criteria should be told that they may qualify for TANF benefits and should be assisted to apply if they wish to do so.

Noncitizens who meet the following five conditions are qualified to receive TANF, even if they have not yet obtained final lawful permanent resident status:

The noncitizen is the spouse or child of a US citizen or lawful permanent resident.

NOTE: Children of spouses of US citizens or lawful residents and parents of children of US citizens or lawful permanent residents are also qualified to receive benefits provided the spouse or child of the US citizen or lawful permanent resident meets the conditions that follow.

AND

The noncitizen has been battered or subjected to extreme cruelty by a US citizen or lawful permanent resident spouse or parent.

NOTE: Battery and extreme cruelty includes the US citizen or lawful permanent resident spouse consenting to or going along with battery or extreme cruelty performed by another individual residing in the same household.

AND

The noncitizen has ,

1. F iled for immigration relief under the VAWA or

2. Filed a qualifying family-based petition with the United States Citizenship and immigration Services (USCIS) or

3. Documentation from Executive Office for Immigration Review (EOIR).

Acceptable verification of this includes but is not limited to:

USCIS Notice of Action Form I-797 indicating approval of an I-130 Petition for Alien Relative, filed for a spouse or child of a non-citizen relative, U.S. citizen/lawful permanent resident (LPR), or adult son or daughter of an LPR; or

Immigration Service USCIS Notice of Action forms I-797 or I-797C indicating approval or “prima facie” validity of a I-360 P etition f or Amerasian, Widow(er), or Special Immigrant a self-petitioning spouse/child of a U.S. citizen/LPR or widow/widower of a U.S. citizen; or

An order or document from the Immigration Court or Board of Immigration Appeals granting suspension of deportation or cancellation of removal under VAWA; or

A document from the Immigration Court or Board of Immigration Appeals indicating a prima facie case for suspension of deportation or cancellation of removal under VAWA.

NOTE: In order to obtain the above listed documentation, a noncitizen must have already made a claim through USCIS that they have been subjected to battery or extreme cruelty by a US citizen or lawful permanent resident spouse or child. Therefore, a noncitizen who provides any of the above-listed documentation shall be considered to have met conditions 1 and 2 above.

AND

The noncitizen demonstrates to the CAO that a substantial connection exists between the battery or extreme cruelty and the need for TANF. Examples of the kinds of circumstances that establish a connection between the battery or cruelty and the need for assistance include but are not limited to the following circumstances:

The need to become self-sufficient following separation from the abuser; or

To ensure the noncitizen's own safety as well as the safety of a child or parent; or

To compensate for the loss of financial support resulting from the separation from the abuser; or

To compensate for the loss of a job or reduced earnings because of the abuse or involvement in legal proceedings relating to the abuse.

NOTE: The requirement to establish a substantial connection between the battery or extreme cruelty and the need for benefits may be established through the client’s own credible explanation of the circumstances.

AND

The noncitizen no longer resides in the same household as the abuser. Evidence includes, but is not limited to:

A Protection from A b use Order (PFA).

An affidavit by witnesses that the victim /survivor and abuser no longer reside together .

A statement from the landlord that the victim /survivor but not the abuser lives at the residence.