This document is an annotation with footnotes and explanatory text of the U.S. code sections that determine which immigration are qualified immigrants eligible to access federal and state public benefits. It assists readers in understanding which forms of immigration status or in some circumstances (particularly battered immigrants and human trafficking victims) pending immigration status an immigrant must have to be eligible for many federal and state public benefits. Which benefits a qualified immigrant can receive and when they are eligible to receive any given benefit will vary by benefits program, the immigrant’s immigration status, whether they have a pending application for certain forms of immigration relief, the state the victim resides in and when they first entered the United States. This document is intended to be used together with NIWAP’s public benefits maps and charts which provide detailed information by immigration case type and by state. Additionally, this document discusses the special exemptions from deeming rules that apply to cases involving certain battered immigrants.
Public Benefits & Economic Stability > Benefits Limited to Qualified Immigrants
Topic: Benefits Limited to Qualified Immigrants
Materials regarding qualified immigrants.
[pdf] Bench Card on Immigrant Crime Victim’s and Immigrant Children’s Access to Public Benefits and Services (December 31, 2021) (+)
This bench card provides an outline for judges of the publicly funded state and federal public benefits and services that are open to all immigrants without regard to immigration status. The bench card then describes at what points in an immigrant victim, child or other litigant’s immigration case process they gain again access to a broader range of state and federal public benefits including subsidized health care, food stamps, TANF, housing, post-secondary educational grants and loans and a wide range of other benefits. Having a list of which immigrant qualify for which benefits and services will help judges craft court orders in cases involving immigrnat children, crime victims and their families.
[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] Annotated Statutes Related to Public Benefits Eligibility for Immigrant Survivors of Domestic Violence, Child Abuse and Human Trafficking (October 31, 2021) (+)
Annotated sections of the U.S. Code 8 U.S.C. 1641 and 1631 that government immigrant access to federal and state public benefits. These two sections describe the categories of immigrants who qualify for public benefits and the deeming rules that apply to immigrant’s public benefits applications. This document is a tool that explains what each code section cited means that the category of eligible immigrants each refers to. This documents described the amendments public benefits laws made by Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA). These laws authorize access to state and federally funded public benefits for immigrants filing VAWA self-petitions, VAWA cancellation of removal and VAWA suspension of deportation applicants, battered spouse waivers, and T visa applicants. These sections also discuss the special exemptions from deeming rules that apply to VAWA and Battered Spouse Waiver applicants.
[pdf] HHS Domestic Violence Fact Sheet: Access to HHS-Funded Services for Immigrant Survivors of Domestic Violence (August 22, 2012) (+)
Discussing the range of HHS funded services and assistance for domestic violence victims that immigrant survivors can access. Covers assistance open to all persons without regard to immigration status, programs that are open to qualified immigrants (e.g. VAWA self-petitioners, battered spouse waiver applicants), Immigrant survivor access to federal means-tested public benefits, obtaining non-work social security numbers, and battered immigrant deeming exemptions.
[pdf] Infographic Public Charge and Housing Benefits (+)
This tool helps crime victims advocates understand how public charges impact housing benefits and does not apply to transitional housing and shelters.
[pdf] Request for Meeting with HUD: Access to Public and Assisted Housing for Battered Immigrant Spouses and Children of Citizens and Lawful Permanent Residents (October 19, 2016) (+)
[pdf] Housing Provider Determinations of Battered or Extreme Cruelty for I-130 Applicant Battered Spouses and Children (+)
[pdf] Public Benefits: What is “Deeming” and What Are its Exceptions (June 13, 2015) (+)
Fact Sheet on special deeming rules that apply in cases of VAWA self-petitioners and battered qualified immigrants.
[pdf] Slides Webinar Immigrant Victim Access Federally Assisted Housing (February 22, 2017) (+)
PowerPoint presentation slides for the webinar on access to public and assisted housing, shelter and transitional housing for immigrant victims of domestic violence, sexual assault, stalking, dating violence, trafficking, abused and abandoned immigrant children and immigrant homeless. The document included the PowerPoint presentation and the cover list of documents distributed with the webinar.
*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] HUD – VAWA Self-Petitioner Verification Procedures (January 19, 2017) (+)
Describes to public housing providers how to use the SAVE system to verify housing eligibility for VAWA Self-petitioners.
[pdf] Alternative Fax-Back Form for Immigrant Eligibility Verification (DHS)-Page 3 (1997) (+)
Application for a battered spouse or child who has self-petitioned.
[msword] Form for Benefits Granting Agencies to Use to Obtain Verification of Benefits Eligibility for Qualified Battered Immigrants (+)
This is a word document that benefits granting agencies can use to request verification of benefits eligibility for VAWA self-petitioners and other battered qualified immigrants including victims with pending or approved I-130 family based visa petitions. Qualified battered immigrants will be eligible for federal and state public benefits but their cases are not included in the SAVE system and the Interim Guidance directs that should benefits verification be necessary that an alternate system be used for VAWA self-petition cases. The location of where this form should be sent changes over time. For current information for government agencies seeking verification on where to submit this form contact the DHS Office on Policy and Strategy Eric Tijerina: eric.j.tijerina@uscis.dhs.gov or 202-272-1068
[pdf] 8 USC 1612 What Benefits Qualified Immigrants Receive (1997) (+)
This section describes what qualified immigrants receive and what immigrants qualify for exceptions to the various bars to access to public benefits for immigrants.
[pdf] 8 USC 1631 Sponsor Deeming (1997) (+)
IIRAIRA provisions on sponsor deeming for immigrant access to public benefits
[pdf] 8 USC 1641 Definition of Qualified Immigrants (1997) (+)
Statute with the list immigrants who are considered qualified immigrants for purposes of eligibility for receipt of federal and state funded public benefits
[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] Supplemental Nutrition Assistance Program (SNAP): Guidance on Non-Citizen Eligibility (6.30.11) (+)
U.S. Department of Agriculture’s SNAP program outlining non-citizen eligibility. 2011
[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.
*Breaking Barriers Table of Contents
Breaking Barriers 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 domestic and family violence. This Manual provides a detailed overview explanation of immigrant survivors’ legal rights under immigration, family, public benefits, and criminal laws and their rights to […]
[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] 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 of Access to Federal and State Public Benefits for Victims of Human Trafficking (+)
This is a flowchart regarding access to federal and state public benefits for victims of human trafficking, including services necessary to protect life and safety.
[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] Centers for Medicare and Medicaid Services (CMS): Medicaid and CHIP Coverage of “Lawfully Residing” Children and Pregnant Women (2010) (+)
A memo that provides guidance on the implementation of the Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA), Public Law 11-3. Section 214 of CHIPRA permits states to cover certain children and pregnant women in both Medicaid and the Children’s Health Insurance Program (CHIP) who are “lawfully residing in the United States” as described in section 1903(v)(4) and 2107(e)(1)(J) of the Social Security Act.
[pdf] Q&A: Five-Year Bar (2004) (+)
This document contains questions and answers regarding immigrants and the five-year bar. Section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) provides that certain immigrants who enter the United States on or after August 22, 1996 are not eligible to receive federally-funded benefits, including Medicaid and the State Children’s Health Insurance Program (SCHIP), for five years from the date they enter the country with a status as a “qualified alien.”
[pdf] Q&A on the Five-Year Bar (+)
This document pertains to the Department of Health and Human Services Centers for Medicare and Medicaid Services’ questions and answers on the five-year bar. Section 403 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA) provides that certain immigrants who enter the United States on or after August 22, 1996 are not eligible to receive federally-funded benefits, including Medicaid and the State Children’s Health Insurance Program (SCHIP), for five years from the date they enter the country with a status as a “qualified alien.”
[pdf] Offering a Helping Hand: Legal Protections for Battered Immigrant Women: A History of Legislative Responses (March 1, 2002) (+)
This article chronicles the legislative history of immigration protections afforded immigrant crime victims in the Violence Against Women Acts (VAWA) of 1994 and 2000, through the Battered Spouse Waiver, and through VAWA Confidentiality, the history and development of the VAWA self-petition, VAWA cancellation of removal, the battered spouse waiver, any credible evidence standard, VAWA confidentiality, benefits access for battered immigrant VAWA self-petitioners and cancellation/suspension applicants, the U-Visa, victim’s ability to obtain lawful permanent residency in the U.S. and Legal Services Corporation funded legal assistance are discussed in detail. This article collects and publishes information contained in documents developed during advocacy that led to the passage of federal immigration law legislation creating each of these protections.
[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] Interim Guidance on Verification of Citizenship, Qualified Alien Status, and Eligibility Under Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (November 17, 1997) (+)
Title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (“PRWORA”) requires the Attorney General, by February 1998, to promulgate regulations requiring verification that an applicant for federal public benefits is a qualified alien eligible to receive federal public benefits under the Act. Amendments to the PRWORA by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 also require the Attorney General, within the same time period, to establish fair and nondiscriminatory procedures for applicants to provide proof of citizenship. Amendments to the PRWORA by the Balanced Budget Act of 1997 require the Attorney General, by November 3, 1997, to issue interim verification guidance that sets forth procedures that benefit providers can use to verify citizenship, qualified alien status, and eligibility under Title IV of the PRWORA prior to issuance of the final regulations. In accordance with this last statutory requirement, the Attorney General, in consultation with federal benefit-granting agencies, has developed this interim guidance.
[pdf] Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA); Interpretation of “Federal Means-Tested Public Benefit” (August 21, 1997) (+)
This notice with comment period interprets the term “Federal means-tested public benefit[s]” as used in title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), Pub. L. 104-193, to include only mandatory spending programs of the Federal Government in which eligibility for the programs’ benefits, or the amount of such benefits, or both, are determined on the basis of income or resources of the eligibility unit seeking the benefit. At HHS, the benefit program programs that fall within this definition (and are not explicitly excepted from the definition by Section 403(c)) are Medicaid and Temporary Assistance for Needy Families (TANF).
[pdf] Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996 (+)
Full version of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996 , public law 104-208. Confidentiality provisions are listed in Section 384.