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ALIEN DOCUMENTATION TANF MANUAL SECTION 201 APPENDIX II

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Battered Aliens Documentation A battered alien is an alien parent and/or alien child who is battered or subjected to extreme cruelty while in the U.S. The alien must have a petition approved by or pending with the USCIS for: • Status as an immediate relative (spouse or child) of a U.S. citizen; or, • Classification changed to immigrant; or, • Status as the spouse or child of a lawfully admitted permanent alien (LAPR); or • Suspension of deportation and adjustment to LAPR status based on battery or extreme cruelty by a spouse or parent who is a U.S. citizen or LAPR alien Battery/cruelty criteria: The perpetrator is a spouse, parent, or other household member of the spouse or parent’s family who was residing in the home at the time of the incident but is no longer in the home. The alien must not now be residing in the same household as the person responsible for the battery or extreme cruelty, and The alien was battered or subjected to extreme cruelty while in the U.S. by a spouse or a parent, or by a member of the spouse or parent’s family residing in the same household as the alien, and the spouse or parent consented to or acquiesced in such battery or cruelty; or, • Document the battery/cruelty situation using information from the applicant/recipient and other knowledgeable sources. • Examine documents provided by the applicant/recipient to determine if one of the USCIS status categories is met • Prior to the approval of benefits, the agency must determine that the situation meets the criteria outlined, the individual meets a USCIS status, and that there is a substantial connection between the battery or cruelty and the need for benefits; these findings must be documented

TANF Transmittal 44