Public Benefits & Economic Stability > Benefits by Immigration Status
Topic: Benefits by Immigration Status
Materials regarding immigration status benefits.
[pdf] Public Benefits Flow Charts: VAWA Self‐Petition and Cancellation, U-Visas, T-Visas, and SIJS (December 29, 2021) (+)
The public benefits flow charts pertain to VAWA self-petition and cancellation, U-Visas, T-Visas, and Special Juvenile Immigrant Status (SIJS). Specifically, the charts explain access to federal and state public benefits for battered immigrant spouses and children of U.S. citizens or lawful permanent residents, victims of human trafficking, U-Visa victims, and SIJS victims.
[pdf] Bench Card: U-Visa Victim Immigration and Public Benefits Eligibility Process (December 31, 2021) (+)
This benchcard discusses the eligibility requirements to qualify for a U-Visa, the application procedure for U-Visas, and possible benefits for which approved U-Visa applicants may be eligible.
[pdf] U Visa Certifications, T visa Declarations, and Continued Presence: Range of Potential Certifiers at the Local, State, and Federal Government Levels (December 30, 2021) (+)
This publication explores the range of potential certifiers whom judges should be aware of who can sign U visa and T visa certification in the court’s jurisdiction with whom the court can play a leadership role in encouraging certification by all authorized agencies. This helps attorneys and advocates working with immigrant victims identify the full range of authorized certifiers in any particular case to whom they can turn for certification. This document connects readers to training manuals for judges, law enforcement, prosecutors and Adult Protective Services agency staff that provide an overview of the U and T visa programs and detailed questions and answers for certifying agencies, and for judges who want to learn more about U and T visa certification. Additionally, this publication describes the availability of continued presence as an important option for immigrant victims of human trafficking offering protection soon after a trafficking victim has been identified that is available to human trafficking victims who could be potential witnesses in trafficking investigations or prosecutions. This document provides links to DHS publications on these subjects.
[pdf] Maryland Public Benefits Screening Chart for Immigrant Survivors Based on Status (July 29, 2020) (+)
[pdf] Washington, D.C. Public Benefits Screening Chart for Immigrant Survivors by Forms of Immigration Relief (August 20, 2020) (+)
[pdf] Charles, St. Mary’s, Calvert Public Benefts Presentation (+)
This presentation provides an overview of dynamics and barriers immigrant survivors encounter. It also provides information on the full range of protections immigrant survivors of domestic violence, child abuse, sexual assault, stalking, and human trafficking are legally eligible to access. This training is specifically tailored to service providers to know how to assist immigrant and […]
[pdf] California- Chart Beneficions Públicos para Inmigrantes (+)
[pdf] LIHEAP IM HHS Guidance on the Use of Social Security Numbers (SSNs) and Citizenship Status Verification (+)
This document provides guidelines on LIHEAP eligibility for qualified immigrants and mixed status households, including households with a child citizen and non-citizen adults.
[pdf] Chapter 17.3: Post-Assault Healthcare and Crime Victim Compensation for Immigrant Victims of Violence (July 13, 2018) (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. Under federal crime victim compensation laws states provide health care assistance to crime victims that includes health care funded by the Victims of Crime Act Compensation Act (VOCA). How health care for crime victims is funded, what health care services are covered, how victims apply, and which crime victims are covered varies state by state. In all but one state VOCA funded crime victim compensation is open to all victims without regard to immigration status. Alabama severely restricts the numbers of immigrant victims who can access VOCA funded crime victims compensation based on the immigration status of the victim at the time the crime victimization occurred. This chapter includes two sets of state by state charts that briefly, and in detail, summarize the provisions available by state to immigrant victims of sexual assault and other violent crimes, as well as the victim compensation laws and processes to receive compensation for each state, DC, Puerto Rico, and Guam.
[pdf] Legal Protections and Forensic Considerations for Immigrant and Refugee Child Victims (Powerpoint) (+)
[pdf] The Categories of “Dual Intent” Nonimmigrant Visas Anticipate That Immigrants Can Permanently Remain in the United States (+)
[pdf] NHLP Chart Federally Assisted Housing and Immigrant Eligibility (Feb. 2017) (+)
National Housing Law Project’ s (NHLP) Chart tracking immigrant eligibility for federal housing assistance.
[pdf] Low-Income Home Energy (LIHEAP) and Weatherization Assistance Programs (WAP (+)
Immigrant access and immigrant restrictions with regard to Low Income Home Energy (LIHEAP) and Weatherization Assistance Program (WAP).
*State-By-State Immigrant Access to Health Benefits
Federal law provides access to various medical benefits for both qualified and unqualified immigrants: Qualified immigrants include: (1) LPRs, including Amerasian immigrants; (2) refugees, asylees, persons granted withholding of deportation/removal, conditional entry, or paroled into the U.S. for at least one year; (3) Cuban/Haitian entrants; (4) certain victims of trafficking; and (4) battered spouses and […]
[pdf] Info Packet Webinar Immigrant Access to Housing (February 22, 2017) (+)
This information packet contains a the webinar PowerPoint, copies of relevant government documents, and training tools on immigrant crime victim access to government funded programs providing emergency shelter, transitional housing, public and assisted housing open to immigrant victims of domestic violence, sexual assault, human trafficking, stalking and dating violence. The documents describe what programs are open to all immigrants without regard to immigration status and which are limited to certain categories of immigrant victims including access to public and assisted housing for VAWA self-petitioners and Human Trafficking victims with HHS certifications.
[pdf] General Information Regarding the Affordable Care Act (ACA) (+)
[pdf] Public Benefits for U Visa Applicants (2015) (+)
Public benefits that U visa victims can access are very limited. This fact sheet discusses the public benefits that are available to U visa victims largely through state funded public benefits in a limited number of states.
[pdf] Services Available to Victims of Human Trafficking: A Resource Guide for Social Services Providers (2012) (+)
Provides an overview of the state and federally funded benefits and services available to victims of human trafficking. Includes access to public benefits offered by HHS, USDA, HUD, USDOJ, SSA, DOL, and DOE (Education).
[pdf] Federal Register: Health and Human Services: Final Rule Non-Discrimination in Health Care Access (July 18, 2016) (+)
Federal Register issue on the Health and Human Services department on the topic of nondiscrimination in federal health programs, services, and activities.
[pdf] Public Benefits and Language Access (2016) (+)
Presentation at the Culture and Compassion Conference Indianapolis, Indiana covering access to federal and state funded assistance and services to immigrant victims without regard to immigration status, state and federal public benefits open to qualified immigrants and legal requirements of U.S. language access laws.
[pdf] Policies & Practices that Enhance the Legal Rights of Immigrant Domestic Violence Victims (2010) (+)
Topics covered: Dynamics of Domestic Violence for Immigrant Victims, Access to services, public benefits, family law, immigration remedies, divorce and custody
[pdf] Access To State Funded Public Benefits in Pennsylvania Based on Immigration Status (+)
This handout was created for the training entitled “Overview of Federal and State Public Benefits: Access For Immigrant Survivors and Their Children”, offered in partnership with the Pennsylvania Immigration Resource Center (PIRC) and led by Leslye E. Orloff and Benish Anver. The chart provides a breakdown of the state funded public benefits available to various immigrants in Pennsylvania based on their current immigration status.
*Empowering Survivors Table of Contents
This is a comprehensive manual that provides information that will be useful to advocates, attorneys, justice, and social services professionals working with and assisting immigrant survivors of sexual assault. This manual will help advocates and professionals expand their knowledge and capacity to aid immigrant victims of sexual assault in accessing justice under federal and state civil, […]
[pdf] Comparison Chart of Violence Against Women Act (VAWA) Self-Petitioning, U visa, and Special Immigrant Juvenile Status (SIJS) (2015) (+)
This chart compares forms of crime victim based immigration relief for immigrant children. It covers VAWA self-petitioning for child abuse victims, the U visa for child victims of child abuse, sexual assault and other forms of criminal activity and special immigrant juvenile status available for children who have been abused, abandoned or neglected by one or both of their parents. The chart compares eligibility for immigration relief, the immigration relief process, timing of access to lawful permanent residency and access to public benefits and services among these three forms of immigration relief.
[pdf] Eligibility Under the Affordable Care Act for Survivors of Domestic Violence, Trafficking, and Other Serious Crimes (+)
Eligibility Under the Affordable Care Act for Survivors of Domestic Violence, Trafficking, and Other Serious Crimes. As immigrant crime victims apply for legal immigration status under forms of immigration relief designed for immigrant crime victims, their access to health care and other public benefits grows. Which benefits a victim will qualify for will depend on the type of immigration status the victim is pursuing or has been granted. This document provides an overview of which immigrant victims become eligible for which benefits when in the process after filing for legal immigration status. Once an immigrant is considered to meet the federal law definition of lawfully present, they are eligible to purchase health care insurance via the exchange and become subject as well to the tax consequences of the individual mandate.
[pdf] Bench Card: VAWA Immigration and Public Benefits Eligibility Process: VAWA Self-petitioners, VAWA Cancellation of Removal, and VAWA Suspension of Deportation, and Battered Spouse Waiver Applicants (December 31, 2021) (+)
This Bench Card contains information on the VAWA public benefits eligibility process, including the following: immigration status qualification requirements, VAWA cancellation of removal and suspension of deportation, battered spouse waiver, and how to become a “qualified immigrant” who is eligible to receive federal and state public benefits.
[pdf] Bench Card Trafficking Victim Immigration and Public Benefits Eligibility Process (December 31, 2021) (+)
This Benchcard discusses the qualifications for Continued Presence status, how to apply for and obtain Office of Refugee and Resettlement benefits eligibility based on Continued Presence, qualifications for T-Visa status, how to apply for a T-Visa, and how to receive benefits after receiving Continued Presence status or a T-Visa. It also outlines the federal and state public benefits and other government-funded programs available to trafficking victims as well as the eligibility period.
[pdf] Flowchart on Access to Federal and State Public Benefits for Battered Immigrant Spouses and Children of U.S. Citizens or Lawful Permanent Residents (+)
This is a flowchart pertaining to abused family members’ access to federal and state public benefits, including services necessary to protect life and safety.
[pdf] Flowchart on Access to Federal and State Public Benefits For U-Visa Victims (+)
This is a flowchart on U-Visa victims’ access to federal and state public benefits, including services necessary to protect life and safety.
[pdf] Services and Assistance Legally Available to Help Immigrant Victims of Violence Against Women (+)
Training powerpoint on public benefits from the December 1, 2010 Sioux Falls, South Dakata
[pdf] Guidance on Standards and Methods for Determining Whether a Substantial Connection Exists Between Battery or Extreme Cruelty and Need for Specific Public Benefits (December 11, 1997) (+)
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, provides that certain categories of aliens who have been subjected to battery or extreme cruelty in the United States are “qualified aliens” eligible for certain federal, state, and local public benefits. To be qualified under this provision, an alien must demonstrate, among other things, that there is a substantial connection between the battery or extreme cruelty and the need for the public benefit sought. This notice provides guidance to benefit providers regarding substantial connection determinations.
[pdf] Determination of Situations that Demonstrate a Substantial Connection Between Battery or Extreme Cruelty and Need for Specific Public Benefits (July 24, 1997) (+)
The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, provides that certain categories of aliens who have been subjected to battery or extreme cruelty in the United States are “qualified aliens” eligible for certain federal, state, and local public benefits. To be qualified under this provision, an alien must demonstrate, among other things, that there is a substantial connection between the battery or extreme cruelty and the need for the public benefit sought.The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, provides that certain categories of aliens who have been subjected to battery or extreme cruelty in the United States are “qualified aliens” eligible for certain federal, state, and local public benefits. To be qualified under this provision, an alien must demonstrate, among other things, that there is a substantial connection between the battery or extreme cruelty and the need for the public benefit sought. Through this notice, the Attorney General declares what circumstances demonstrate such a substantial connection.
[pdf] Operating Policy and Procedure Memorandum 97-9: Motions for “Prima Facie” Determination and Verification Requests for Battered Spouses and Children (1997) (+)
This Operating Policy and Procedure Memorandum concerns the procedures for handling a verification process to identify those aliens whose applications for suspension of deportation have been granted under section 244(a)(3) of the Immigration Nationality Act (INA) and the procedures for handling a motion for prima facie determination for those aliens, who have a pending application for suspension of deportation under 244(a)(3) or cancellation of removal under section 240A(b)(2) of the INA before an Immigration Judge. This memorandum is addressed to assistant chief immigration judges, immigration judges, court administrators, and support staff.