benefits under vawa?

Question

i've got approved vawa petition from INS. i am give prima facie determination and was told that i am eligible for public benefits as i am currently homeless and dont have a visa status. can any one tell me what all benefits i am eligible for under this primie facie determination. thanks

Answer 1

Some examples are TANF (Temporary Assistance for Needy Families), Medicaid and SCHIP (State Childrens Health Insurance Program).

In order for battered immigrants to be considered "qualified aliens," the Immigration and Naturalization Service (INS) or the Executive Office for Immigration Review (EOIR or "immigration court") must make certain determinations regarding immigration status, and the benefits granting agency must make additional findings. To be considered a "qualified alien," a battered immigrant must show he or she has an approved OR pending petition which makes a prima facie case for immigration status under one of the following categories:


1. A Form I-130 petition filed by their spouse, or in the case of a child, by the parent or in the case of an unmarried adult son or daughter of a lawful permanent resident (LPR), by the parent.

2. A Form I-360 petition as a widow(er) of a United States citizen (USC) under 8 U.S.C. 1154(a)(1)(A)(ii).

3. An approved self-petition filed with the Immigration and Naturalization Service (INS) under the Violence Against Women Act (VAWA) on Form I-360 OR an I-360 pending with the INS, and INS has issued a Notice of Prima Facie Determination. In addition, a child of a self-petitioner may also derive immigration status from the self-petition. INS should include the names of any qualifying children on the Notice of Approval or Notice of Prima Facie Determination. Review of these VAWA applications includes a determination that the applicant has been subject to battery or extreme cruelty.

4. An application for VAWA cancellation of removal or suspension of deportation has been granted OR is pending and the immigration court finds that the applicant has a prima facie case for this relief. Review of VAWA applications for cancellation/suspension includes a determination that the applicant has been subject to battery or extreme cruelty.

The Notice of Approval or the Notice of Prima Facie Determination may be presented to benefits granting agencies as evidence of status as a "qualified alien." Benefits granting agencies may verify this using procedures outlined in the"Interim Guidance on Verification of Citizenship, Qualified Alien Status and Eligibility Under Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996," AG Order No. 2129-97, 62 Fed. Reg. 61366 (November 17, 1997).

In order to be considered a "qualified alien," the person must demonstrate that he or she has been battered or subjected to extreme cruelty in the United States 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. The child of a battered immigrant or the parent of a battered child (as long as the parent did not actively participate in the battery or cruelty) can also be eligible for benefits. INS or the immigration court has already made the requisite determination of abuse as part of the self-petition or VAWA cancellation in the last two categories, described above. However, abuse is not part of the adjudication in the first two categories. Therefore, the benefits granting agency must make this determination. Applicants must provide evidence of battery or extreme cruelty to themselves or their children. Benefits providers are to consider any credible evidence of abuse that the applicant provides including, but not limited to, reports or affidavits from police, judges and other court officials, medical personnel, school officials, clergy, social workers, counseling or mental health personnel, and other social service agency personnel, protection orders, evidence that the applicant sought help from a battered women's shelter, photographs of injuries, affidavits from family members or others who have personal knowledge of the battery or extreme cruelty and the applicant's own credible affidavit.

In all of the above categories, benefits granting agencies must determine that there is a substantial connection between the need for benefits and the abuse and that they are no longer residing with the abuser. See "Guidance on Standards and Methods for Determining Whether a Substantial Connection Exists Between Battering or Extreme Cruelty and Need for Specific Public Benefits," 62 Fed. Reg. 65285 (December 11, 1997), and Exhibit B to Attachment 5 of the "Interim Guidance on Verification of Citizenship, Qualified Alien Status and Eligibility Under Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996," AG Order No. 2129-97, 62 Fed. Reg. 61366 (November 17, 1997).

Further reading and source of above is in below source link

You can also find questions and answers on divorce, death, abuse e.g. and their effects on immigration at http://www.familybasedimmigration.com/forum/showthread.php?t=149

Answer 2

I didn't know you can get Gov benefits with out a been a citizen...Because VAWA stands for Violence Against Womens Act...And you not are citizen jet even if you are aproved Unless you have childrens that born here the you can go to Human Service department that is the ones can help you...But you need you kids SS# Birth Certificate and prove were you staying for address purpose for then to be able to reach and give the help that you need...They will give you emergency Food stamps check for you to have is not much all depends in the state that you are in...And Good luck!!!

Answer 3

One of the benefit is a one way ticket beck home. Just Kidding.

Good luck with that.