|
Effective: December 1, 2006 |
|
|
11.25.05ar1 - Battered Noncitizens (Archive) |
Archived: April 1, 2008 |
Battered noncitizens are victims of domestic violence who are attempting to become lawful permanent residents (LPRs).
l Generally, U.S. citizens and LPRs file an immigrant visa petition with U.S. Citizenship and Immigration Services (USCIS) on behalf of a spouse or child, so that these family members may emigrate to or remain in the United States. The petitioner controls when or if the petition is filed. Unfortunately, some citizens and LPRs misuse their control of this process by abusing their family members, or by threatening to report them to the USCIS. As a result, most battered noncitizens are afraid to report the abuse to the police or other authorities.
l Under the Violence Against Women Act (VAWA) passed by Congress in 1994, the spouses and children of United States citizens or lawful permanent residents (LPR) may self-petition to obtain lawful permanent residency. The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser's assistance or knowledge, in order to seek safety and independence from the abuser.
To qualify as a ”r;battered noncitizen,” all of the following conditions must be met:
l The individual must be one of the following:
n A victim of battering or cruelty by a spouse or a parent, or by a member of the spouse or parent's family residing in the same household as the victim and the spouse or parent consented to, or acquiesced in, the battery or cruelty.
n The parent of a child who has been such a victim, provided that the individual did not actively participate in the battery or cruelty.
n The child residing in the same household of such a victim.
l The individual must no longer be residing in the same household as the perpetrator of the abuse or cruelty.
l It must be determined that the battery or cruelty has a ”r;substantial connection” to the need for health care coverage.
l The individual must have been approved for legal immigration status, or have a petition pending which makes a prima facie case (a case in which a fact is established unless disproved) for legal immigration status, under one of the following categories:
n Permanent residence under the Violence Against Women Act (VAWA). Application for this status is requested by submitting INS Form I-360.
n A pending or approved petition for legal permanent residence filed by a spouse or parent on INS Form I-130 or Form I-129f.
n Suspension of deportation or cancellation of removal under VAWA. Application for this status is requested by submitting Executive Office for Immigration Review (EOIR) Form EOIR-42B to the EOIR.
Note: If the person does not have a legal immigration status, USCIS may place them in ”r;deferred action” status at the time of the approval of the self-petition. See Other Lawfully Residing Noncitizens for more information about this status.
See Federally or State-Funded Health Care for information about funding health care for battered noncitizens.
No provisions for this status.
Verify the status of the immigration petition.
l If there is a pending or approved relative petition, verify the person is a victim of domestic violence.
l If there is an approved or pending self-petition under VAWA, the determination of victim of domestic violence will be made by USCIS or EOIR. Acceptable forms of verification include an I-797 Notice of Action form, indicating an approval notice of a self-petitioning spouse or child of abusive U.S.C. or LPR.
l A Notice of Establishment of Prima Facie Case (an I-797 Notice of Action form, or a court order) is sufficient for establishing eligibility, but verification of the status of the petition must be done at renewal.
See Substantial Connection to Battery for information on verifying substantial connection.
If these noncitizens are not eligible for Medical Assistance (MA) or MinnesotaCare, they may be eligible for General Assistance Medical Care (GAMC).
See Sponsor Deeming for exceptions to deeming for battered noncitizens.