Eligibility of VAWA Self-Petitioners for Financial Assistance Under Section 214 of the Housing and Community Development Act of 1980 (December 15, 2016) [pdf]

This memo from HUD’s Acting General Council to Secretary Castro clarifies HUD’s position on the rights of certain noncitizens who are battered or subject to extreme cruelty by a spouse or parent, who is a Untied States Citizen or lawful permanent resident (LPR), to apply for and receive assistance under Section 214 of the Housing and Communality Development Act. Specifically it clarifies that VAWA self-petitioners can indicate they are in “satisfactory immigration status” when applying for assistance or continued assistance from Section 214-covered housing providers (this includes public and multifamily housing). Under this memo VAWA self-petitioners, VAWA cancellation of removal, VAWA suspension of deportation and approved family based visa petition applicants who have been battered or subjected to extreme cruelty by their U.S. citizen or lawful permanent resident spouse or parent are able to stay in public and assisted housing units when the abuser is removed from the unit by a protection order and will also be able to apply for 214 benefits. Battered immigrant spouses and children of citizens and lawful permanent residents will no longer be subject to proration.