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West Virginia Income Maintenance Manual Chapter 15

West Virginia Income Maintenance Manual Page 44 Chapter 15 Noncitizens, Refugees, and Citizenship

o An applicant may submit his own affidavit, under penalty of perjury, that describes the circumstances of the abuse. The statement does not require notarization. o A petition filed with United States Citizenship and Immigration Services (USCIS) on behalf of the battered noncitizen. o A protection order issued against the abuser. o A record of criminal conviction of the abuser, with whom the applicant was living, for committing an act of violence against the applicant, or his child or family member with whom they were living. o Reports or affidavits from police, judges, and other court officials; medical personnel; school officials; clergy; social workers; counselling or mental health personnel; and other social service personnel. o Sworn affidavits from third parties who have personal knowledge of the battery or cruelty. • The sponsored noncitizen must provide documented proof of non-residency with the batterer. Relevant credible evidence supporting the claim of non-residency can include, but is not limited to, the following: o A civil protection order requiring the batterer to stay away from the applicant or the applicant’s children or parent or evicting the batterer from the applicant’s residence. o Employment records, utility receipts, school records, hospital or medical records, rental records, or records from a building or property manager. o An affidavit from a staff member at a shelter for battered women or homeless persons, family members, friends, or other third parties with personal knowledge, or from the battered applicant. o Any other records establishing that the applicant or the applicant’s child or parent no longer resides with the abusive spouse, parent, or family member. • The applicant must meet the requirements for qualified noncitizen status by appropriate immigration documentation for which they are applying, and all other eligibility requirements for the specific benefits should be determined. • The Worker must provide the Systematic Alien Verification for Entitlement (SAVE) Coordinator with the documented proof from the noncitizen that battery or extreme cruelty exists regarding the abuse of the noncitizen, the noncitizen’s child, or the noncitizen child’s parent. If further action is needed, the SAVE Coordinator will notify the Worker.