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Battered Noncitizens
Definition
Battered noncitizens are:
- Noncitizens who have been abused
- Noncitizens whose children have been abused, or
- Noncitizen child(ren) whose parent has been abused.
Battered noncitizens must meet the requirements in Section 11.6.2.
The client can call the National Domestic Violence Hotline at (800) 799-7233 for more information or the local legal aid office or an immigration attorney. SCC’s Domestic Violence Crisis Line is (408) 279-2962 and the Elder Abuse Hotline number is (800) 414-2002.
Rule
The Battered Noncitizen Requirements are:
Requirement 1: The noncitizen has an approved petition or a pending petition which sets forth a prima facie (apparent) case from USCIS or the EOIR.
Requirement 2: The noncitizen or the noncitizen’s child or parent has been battered or subjected to extreme cruelty within the U.S. by his/her spouse, parent, or member of family residing in the same household.
Requirement 3: There is a substantial connection between the abuse and the need for benefits.
Requirement 4: The noncitizen no longer resides with the batterer.
CalWORKs clients must only meet Requirement #1 and will be funded as state only (PRUCOL). CalFresh, and Medi-Cal clients must meet Requirements #1-4 and are federally funded as qualified aliens. See table below:
| Program | Requirements | Immigration Status | Funding |
| CalWORKs | Only needs to meet criteria of Requirement #1 | ALL will be PRUCOL | State-Only* |
| CalFresh | Must meet criteria of Requirements #1-4, and Meet PRWORA 401/402 requirements | Qualified Alien | Federal |
| PRWORA requirements not met | CFAP - if qualified noncitizen pre-certified trafficking victim or U Visa applicant/holder | State-Only | |
| Medi-Cal | If they meet all 4 requirements | Qualified Alien | Federal |
| If they do not meet all 4 requirements | PRUCOL | State-Only |
* Use existing aid codes for state-funded and mixed cases.
Who Determines Abuse
Information regarding which agency makes the determination of abuse is as follows:
|
Petition |
Abuse Determination Source |
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Self-petition |
USCIS |
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Self-petition - Widow(er) |
County * |
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Family-based |
County * |
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Cancellation of Removal/Suspension of Deportation |
* Follow CalWORKs Domestic Abuse Regulations to determine abuse for this category.
Documents
Individuals applying as a battered noncitizen must have a petition filed with USCIS or EOIR. Either the “Petition for Amerasian, Widow or Special Immigrant” (I-360) or the “Petition for an Alien Relative” (I-130) will be filed with USCIS. After the petition is filed the client may have any of the following documents.
“Notice of Action” (I-797 or I-797C)
The following notices can be used to indicate that the individual is a battered noncitizen. The list includes but is not limited to just these forms:
- I-797/I-797C- Notice of Action from USCIS indicating filing of the I-360 petition. This is NOT sufficient evidence of pending status as a battered noncitizen. Within 3 weeks (or sooner) USCIS will send an additional notice. You must see the second notice showing approval or pending status to complete the verification of requirement 1
- I-797/I-797C- Notice of Action from USCIS stating “Establishment of Prima Facie Case”. The case type is “I-360 Petition for Amerasian, Widower, or Special Immigrant.” This is sufficient evidence of pending status as a battered noncitizen. This document is valid for 150 days; there is an expiration date on the form. This is usually enough time for the case to be adjudicated. An extension can be requested in writing to USCIS if needed to continue public benefits. If the establishment of the prima facie case is not re-issued or extended the case may have been denied by
- I-797C - Notice of Action from USCIS stating “Receipt Notice”. The receipt shows the client paid for case type “I-360 Petition for Amerasian, Widower, or Special Immigrant” or the “I-130 Petition for an Alien Relative”. This is NOT sufficient evidence of pending status as a battered noncitizen
- I-797/I-797C - Notice of Action from USCIS stating the notice type is an “Approval Notice”. This means the client is a battered noncitizen and eligible for State-Only CalWORKs. They may also meet requirements #2-4 and then be Medi-Cal/CalFresh eligible. In addition the “approval” may indicate a notice of deferred action. Deferred action does not affect the approval status, even if the time period for the deferral has expired, unless the Vermont Service Center has indicated the deferred action has been revoked.
- I-797/I-797CI-797/I-797C - Notice of Action from USCIS stating the notice type is a “Denial Notice”. This person does not qualify for CalWORKs or CalFresh as a battered noncitizen.
Final Order or Notice
The applicant may also have documentation of a final order by an Immigration Judge or from the Board of Immigration Appeals:
- Giving approval of status or establishing a prima facie case, or
- Granting Suspension of Deportation under Section 244(a)(3) of the INA as in effect prior to April 1, 1997 or Cancellation of Removal under Section 240A(b)(2) of the INA.
The applicant may also have an USCIS document with any of the following class of admission codes:
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Document |
Code |
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I-551 |
Code printed on the front of a white card or the back of a pink card. AR1, AR6, C20-C29, CF1, CF2, CR1, CR2, CR6, CR7, CX1-CX3, CX6-CX8, F20-F29, FX1-FX3, FX6-FX8, IF1, IF2, IR1-IR4, IR6-IR9, IW1, IW2, IW6, IW7, MR6, MR7, P21-P23, P26-P28 |
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I-551 |
Code stamped on the lower left side of the back of the pink card. IB1-IB3, IB6-IB8, B11, BI2, B16, B17, B20-B29, B31-B33, B36-B38, BX1-BX3, BX6-BX8 |
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I-551 |
Z13 may indicate battery; BUT, needs additional follow-up. Institute Secondary SAVE. |
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Foreign Passport |
Any of the codes listed above. |
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I-94 |
Any of the codes listed above. |
Possession of the above documents does not require any further interaction with USCIS, the client is eligible to LPR status. CalWORKs Domestic Abuse Regulations should be followed.
Verification
Verification of Battered Noncitizens can only be obtained through USCIS or EOIR. The method of verification depends on the type of application/petition filed. Refer to the following table.
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Type of Application/Petition |
Method of Inquiry |
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Self-Petition |
Vermont Service Center Phone number: 1-800-375-5283, Press 2 |
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Self-Petition - Widow(er) |
Secondary SAVE, G845 to USCIS |
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Family-based |
Secondary SAVE, G845 to USCIS |
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Cancellation of Removal/ |
Contact one of the immigration courts, or the court in which the information is filed. EOIR * |
* EOIR - EOIR Addresses in California (as of October 2016):
| Adelanto Adelanto Detention Facility 10250 Rancho Road, Ste. 201A Adelanto, CA 92301 Phone: (760) 246-5404 |
Imperial 2409 La Brucherie Road Imperial, CA 92251-0000 Phone: (760)370-5200 FAX: (760) 355-8692 |
| Los Angeles 606 S. Olive Street 15th Floor Los Angeles, CA 90014 Phone:(213) 894-2811 FAX: (213) 894-5196 |
Otay Mesa 7488 Calzada de la Fuente San Diego, CA 92154 Phone: (619) 661-5600 Mailing Address: P.O. Box 438150 San Ysidro, CA 92143-8150 |
| San Diego 401 West A Street, Suite 800 San Diego, CA 92101 Phone: (619) 557-6052 FAX: (619) 557-6405 |
San Francisco
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Related Topics
Noncitizen Categories & USCIS Codes Introduction
Asylees and Authorization to Work