Department of Human Services

Food Stamp OnlinePolicy Manual

Citizenship and Alien Status Requirement

 

Revised:

6.10

BATTERED IMMIGRANTS

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1240-1-3-.12(1)(e)

Qualified alien status can be granted to immigrants who have been subjected to battery or extreme cruelty in the United States by a family member with whom they reside. The status also extends to an immigrant whose child has been abused or to an immigrant child whose parent has been abused. This group is also exempt from deeming requirements for a 12-month period. (Refer to the Sponsor Section).

 

In general, these are abused immigrants who are (or were) married to LPRs or U.S. citizens, or whose parents are LPRs or citizens. The following 4 conditions must exist:

 

1.      The immigrant must show that he/she has been approved or pending petition which makes a case for immigration status in one of the following categories:

 

        A Form I-130 filed by the spouse or the childís parent;

        A Form I-130 petition as a widow(er) of a U.S. citizen;

        An approved self-petition under the Violence Against Women Act (including those filed by a parent); or

        An application for cancellation or suspension of deportation filed as a victim of domestic violence.

 

2.      The immigrant, the immigrantís child or the immigrant childís parent has been abused in the United States under the following circumstances:

 

        The immigrant has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the immigrant, or by a member of the spouseís or parentís family residing in the same household.

        The immigrantís child has been battered or subjected to extreme cruelty in the U.S. by a spouse or parent of the alien or by a member of the spouseís or parentís family residing in the same household.

        The parent of an immigrant child has been battered or subjected to extreme cruelty in the U.S. by the parentís spouse or by a member of the spouseís or parentís family residing in the same household.

 

3.      There is a substantial connection between the battery or extreme cruelty and the need for food stamps. (Includes, but is not limited to, situations where benefits will help the immigrant become self-sufficient, enable escape from the abuser, or ensure safety.)

 

4.      The battered immigrant child or parent no longer resides in the same household as the abuser.

 

These conditions only establish that the battered immigrant is a qualified alien. A qualified alien must meet the other conditions.(Refer to Qualified Aliens Ė Unlimited Eligibility Period for eligibility such as five-year residency or be an LPR with 40 quarters).

 

Glossary of Terms

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