This FAQ addresses questions about emergency housing voucher eligibility and voucher administration including implementation of the Violence Against Women Act’s (VAWA)housing protections and Access to Public and Assisted Housing for VAWA self-petitioners.
Public Benefits & Economic Stability > Housing
Topic: Housing
Materials regarding immigrants access to housing, including energy and weatherization.
[pdf] Serving Immigrant Survivors Part II – Immigration Relief and Implications for Access to Public and Assisted Housing (May 26, 2022) (+)
Part II of a webinar series sponsored by NNEDV for transitional housing grantees. This part discusses access to public and assisted housing for immigrant survivors of domestic violence and sexual assault, particularly victims who are VAWA self-petitioners and T visa applicants/recipients.
[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] What Shelter and Rental Housing Assistance Are Available to Immigrant Survivors During COVID-19? (September 2021) (+)
This document contains frequently asked questions regarding immigrant survivors legal rights to access to shelter and transitional housing. The article describes which immigrant survivors (e.g., VAWA self-petitioners, human trafficking victims and lawful permanent residents) are also eligible to access a range of affordable housing options. Additionally the article discusses immigrant survivor’s legal options with regard to COVID-19 emergency housing assistance programs, Emergency Rental Assistance, and Emergency Housing Vouchers.
[pptx] PIRC -PCADV Housing Rights Webinar 12.6.21.pptx final (+)
PIRC -PCADV Housing Rights Webinar 12.6.21.pptx final
[pdf] Annotated Section 214 of the Housing Act: 42 U.S. Code § 1436a – Restriction on Use of Public and Assisted Housing By Immigrants (October 31, 2021) (+)
Section 214 of the Housing Act with annotations describing each form of immigration relief or immigration status that applicants may have who are eligible to qualify for housing assistance under this section. Programs include public and assisted housing and this document describes how immigrant victims who have filed or gained immigration statute through a VAWA self-petition, battered spouse waiver, or T visa qualify for housing programs that impose immigrant restrictions under section 201 of the Housing Act.
[pdf] Annotated Section 214 of the Housing Act: 42 U.S. Code § 1436a – Restriction on Use of Public and Assisted Housing By Immigrants (October 31, 2021) (+)
This document provides annotations and detailed descriptions for each of the forms of categories of immigrants listed in Section 214 of the Housing and Community Development Act of 1980 who are exempt from immigrant restrictions on housing programs covered by Section 214. Eligible immigrants include: lawful permanent residents, VAWA self-petitioners, VAWA cancellation of removal and VAWA suspension of deportation applicants, T visa recipients and certain T visa applicants, human trafficking victims granted continued presence, refugees, asylees, and certain other immigrants.
[pdf] Housing Rights for Immigrant Survivors – Texas Council on Family Violence (+)
[pdf] List of Supporting Documents For Training- Housing Rights for Immigrant Survivors (September 23, 2021) (+)
Information packet on housing options for immigrant survivors of domestic violence, sexual assault, stalking, dating violence and human trafficking. The information covers access to shelter, transitional housing, public and assisted housing, pandemic related housing funding, and other public benefits immigrant survivors are eligible to receive.
[pdf] HUD Housing Choice Voucher Program Guidebook_Eligibility_Determination_and_Denial_of_Assistance (November 2019) (+)
Discusses on pages 9, 25 and 26 eligibility of VAWA self-petitioning abused spouses and children of citizens and lawful permanent residents for the Housing Choice Voucher Program.
[pdf] FAQ Immigrant Survivors & Housing (March 2021) (+)
Immigrant survivors of domestic violence, sexual assault, dating violence, stalking, and human trafficking face unique challenges when accessing and maintaining safe housing. Housing is a primary concern for survivors living with violence because it directly affects their ability to leave an abusive relationship. COVID-19 has exacerbated problems as survivors are forced to stay at home […]
[pdf] Legal Rights 4.21 RM (+)
This workshop will discuss the range of publicly funded victim and social services programs, legal assistance, and the wide range of services and assistance that are legally available to all victims of domestic violence, child abuse, and sexual assault, regardless of immigration status. As immigrant and Limited English Proficient (LEP) victims begin the process of […]
[pdf] COP Discussion on Safe Housing Presentation 12.10.20 (+)
This presentation features expertise from the Director of Legal Initiatives Karlo Ng from the National Alliance for Safe Housing (NASH). The presentation reviews housing eligibility for immigrant victims of crime and case scenarios relevant to family law attorneys. It also includes information about housing as it relates to COVID-19.
[pdf] Flow Chart Public Charge Test and Housing benefits (+)
This flowchart helps crime victims advocates understand how public charges impact housing benefits and does not apply to transitional housing and shelters.
[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] Safe Housing Partnerships Newsletter Fall 2020 – What Housing Assistance is Available to Immigrant Survivors During COVID-19 (October 28, 2020) (+)
This edition of the Safe Housing Partnerships Newsletter Vol 1, Issue III includes an article co-authored by NASH and NIWAP staff on access to housing assistance during the COVID – 19 pandemic for immigrant survivors of domestic and sexual violence. The article provides an overview of immigrant access to emergency shelter, transitional housing, affordable housing and CARES Act funded housing open to immigrant survivors. The article connects readers to resources and tools to help navigate immigrant survivors legal rights with regard to housing access.
[pdf] Infographic Public Charge Test for Housing Benefits (October 12, 2020) (+)
Infographic to help transitional housing and other victim advocates navigate and understand the public charge exceptions for immigrant survivors.
[pdf] Public Charge Test for Benefits Flow Chart (October 12, 2020) (+)
Flow chart for transitional housing and other victim advocates to help immigrant victims who are exempt from public charge navigate the exception and public benefits eligibility.
[pdf] The Impact of 2020 Public Charge Rule on Transitional Housing (October 12, 2020) (+)
This publication discusses why immigrant victims’ access to transitional housing and emergency shelter do not create issues with the public charge ground of inadmissibility. It discusses the definition of public charge, the types of programs and services that fall within the “public benefits” definition under the 2020 public charge rule and federal statutes, and how transitional housing does not fall within the definition of public benefits. It is crucial that victim advocates, attorneys, police, prosecutors, courts and other service providers working with immigrant victims are able to accurately identify who may be affected by the 2020 public charge rule and which public benefits are included in the 2020 regulation’s definition of public charge.
[pdf] Safe Housing for Immigrant Survivors-Legal Resources (+)
Legal resources for housing for immigrant survivors developed by the National Alliance for Safe Housing, the Asian Pacific Institute for Gender Based Violence and Casa de Esperanza.
[pdf] Safe Housing Partnerships: Federal Safe Housing Funding Resources – CARES Act (April 22, 2020) (+)
This chart covers sources of funding for housing for domestic violence, sexual assault and human trafficking survivors from funding resources that include funding from Office on Violence Against Women (OVW), US Department of Justice, Office for Victims of Crime (OVC), US Department of Justice, Department of Health and Human Services (HHS), Department of Veteran’s Affairs (VA), Department of Housing and Urban Development (HUD), and Federal Emergency Management Agency (FEMA) and includes a discussion of funding for housing available under the CARES Act.
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[pdf] Disaster Housing Recovery Coalition: Frequently Asked Question: Eligibility for Assistance Based on Immigration Status (May 5, 2020) (+)
Created by the National Immigration Law Center, the National Housing Law Project, and the National Low Income Housing Coalition discussing immigrant access to CARES Act funded resources including housing. These resources are also available to many immigrant victims of domestic violence, sexual assault, child abuse and human trafficking.
[pdf] National Housing Law Project: Tenant Rights DV Survivors During COVID-19 (+)
This material was published by the National Housing Law Project to remind domestic violence survivors that the VAWA housing protections still apply during the COVID-19 health crisis. It shares important notes about housing during the pandemic and rights of a survivor under VAWA.
[pdf] Obtaining Non-work Social Security Numbers Needed by VAWA Self-Petitioners to Maintain Public and Assisted Housing (2019) (+)
Under Section 214 Housing, VAWA Self-Petitioners are eligible for public and assisted housing; however, in order to obtain these housing benefits, VAWA Self-Petitioners must have a Social Security Number. This document explains the process of applying for a Non-Work Social Security Number which VAWA Self-Petitioners need until their petition is approved, and they can work […]
[pdf] I-130 Victim’s Proof of Battering or Extreme Cruelty (+)
This document provides information about best practices for proving battering and extreme cruelty to public housing authorities to be used in cases of family-based visa petitioners (I-130). Proof of battering and extreme cruelty requirements do not apply to VAWA self-petitioners (I-360).
[pdf] February 2017 Newsletter: HUD VAWA Self-Petitioner Verification Procedures (+)
In this issue: – DHS Interactive Infographic on Protections for Immigrant Victims – Department of Housing and Urban Development’s VAWA Self-Petitioner Verification Procedures – Webinar Training: Immigrant Access to Federally Funded Housing
[pdf] December 2016 Newsletter- HUD Provides Public and Assisted Housing Benefits for VAWA Self-Petitioners (+)
This newsletter contains a link to resources from the New Orleans Conference as well as discusses public and assisted housing for VAWA self-petitioners.
[pdf] NHLP Federally Assisted Housing and Immigrant Eligibility Section 214 of the Housing and Community Development Act of 1980 (Jan-2018) (+)
This fact sheet discusses that housing programs that fall within Section 214 of the Housing Act and are subject to immigrant restrictions and are only open to certain categories of immigrants. The section 214 list of immigrants eligible to receive public and assisted housing includes lawful permanent residents and VAWA self-petitioners.
[pdf] I-130 Victim’s Proof of Battering or Extreme Cruelty 8.20.18 (+)
This document provides housing providers, victim’s advocates and attorneys with guidance clarifying that once HUD receives verification from DHS that in cases of VAWA self-petitioners, VAWA self-petitioners are immediately eligible for public and assisted housing without proration and victims cannot be asked to submit proof of battering or extreme cruelty by HUD or the housing provider. In cases of immigrant victims who are applying for lawful permanent residency through a family based immigration petition filed by their spouse, battered immigrant spouses will need to prove battering or extreme cruelty to be eligible for public and assisted housing. This memo provides guidance for housing providers and victims’ attorneys and advocates on evidence that can be submitted to prove battering or extreme cruelty.
[pdf] How to Advocate for Public and Assisted Housing for Your Battered Immigrant or Trafficking Survivor Client (2017) (+)
[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] Immigrant Survivor Access to Federally Funded Housing PPT Slides (February 22, 2017) (+)
Power point slides from a webinar jointly hosted by NIWAP and the National Housing Law Project discussing the legal rights of immigrant survivors to access shelter and transitional housing and the groups of immigrant survivors including VAWA self-petitioners legally eligible to access public and assisted housing, including housing vouchers.
February 22, 2017: Immigrant Access to Federally Assisted Housing (Webinar and Materials)
The National Immigrant Women’s Advocacy Project (NIWAP) and the National Housing Law Project co-presented this webinar on the legal rights of immigrant survivors to access federally funded housing. For many survivors of domestic and sexual violence, the ability to secure decent, safe, and affordable housing is critical to long-term survival. Yet, immigrant survivors of domestic […]
[pdf] Fact Sheet: Immigrant Access to Emergency Shelter and Transitional Housing (October 23, 2016) (+)
This training tool discusses the laws, regulations and policies governing immigrant victim access to shelter and transitional housing, provides links to government policies and provides step by step recommendations for advocacy and documents to take with you when advocating for access to shelter and transitional housing for immigrant victims.
[pdf] Policy Links: Shelter and Transitional Housing Immigrant Victims Feb 22, 2017 (+)
Links to the Joint HUD, HHS, and DOJ Policy on access to emergency shelter, transitional housing and other programs necessary to protect life and safety, to all of the government resources cited in the policy memo and to each of the other government documents confirming immigrant access to shelter and transitional housing.
[pdf] Hawaii Materials Benefits-Confidentiality Training (March 15, 2017) (+)
Materials list covering the following topics: Legal Rights Overview and Brochures; Access to Public Benefits and Services for Immigrant Domestic Violence and Sexual Assault Victims; Child Care; Drivers’ Licenses; Education; Health Care; Shelter and Transitional Housing; Public and Assisted Housing; LIHEAP; Non-Work Social Security Numbers; Public Charge and Immigrant Victims; TANF; VAWA Confidentiality; Legal Services Representation of Immigrant Victims; and Immigrant Victim’s Immigration Options
[pdf] The Law: Immigrants are Legally Eligible for Transitional Housing (February 22, 2017) (+)
Immigrant victims of domestic violence, sexual assault, dating violence, stalking and human trafficking have been eligible for transitional housing historically. The legal right to access transitional housing programs and emergency shelters was first established as part of the welfare and immigration reform legislation in 1996. This right was reaffirmed in 2001 and again in 2016 by federal government agencies including HUD, DOJ, and HHS. Despite this fact some transitional housing programs continue to impose application requirements not required by federal law that impede immigrant and limited English proficient victim access to transitional housing programs necessary to protect life and safety. Many of the application requirements imposed by transitional housing programs immigrant survivors can prove that they meet using alternative forms of evidence from those typically requested by programs. This brochure provides a list of the types of evidence a victim advocate or attorney working with an immigrant victim can gather to prove that immigrant victims, in addition to being legally eligible, also meet program imposed requirements. Advocates and attorneys working with immigrant victims should help them gather any credible evidence to gain admission to transitional housing programs. If you are working with an immigrant victim and have suggestions on other types of evidence that can be used to meet the criteria discussed in this brochure please share them with us so we can add them as examples to this brochure by emailing us at info@niwap.org
This brochure
[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] Joint Letter from HUD, HHS, ad DOJ on Immigrant Access to Shelter and Transitional Housing (Aug 2016) (+)
[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.
[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] Immigrant Access to Federally Assisted Housing Powerpoint (+)
Webinar Access to Housing for Immigrant Survivors
[pdf] Emergency Shelter and Transitional Housing for Immigrant Victims: Government Policies (February 10, 2017) (+)
This document brings together in one collection the polices issued by federal government agencies describing the legal rights of immigrant and Limited English Proficient (LEP) victims of domestic violence, sexual assault, dating violence, stalking, human trafficking, child abuse, and the homeless to access emergency shelters and transitional housing from a wide array of programs offering these services who receive federal funding. The federal agency policies in this collection include policies issued by:
The U.S. Department of Justice (Office of Victims of Crime, Office on Violence Against Women)
The Health and Human Services (Family Violence Prevention)
The U.S. Department of Housing and Urban Development
These policies provide the requirements for providers of emergency shelter, transitional housing and other programs offering services necessary to protect life and safety. this packet of policies will help advocates and attorneys working with immigrant survivors and immigrant children gain access to housing, services and assistance they are eligible to receive without regard to their immigration or LEP status.
[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] Advocating for Housing PowerPoint (PDF) (+)
Advocating for Housing PowerPoint (PDF)
*Access to Public and Assisted Housing VAWA Self-Petitioners (October 2022)
January 26, 2017 (Update 2022) As a key part of the Violence Against Women Act (VAWA) passed by Congress in 1996 and 2003, battered immigrant spouses and children abused by their U.S. citizen or lawful permanent resident spouses or parents who had filed applications for immigration relief under VAWA have access to public and assisted […]
[pdf] HUD VAWA Self-Petitioner Cover Letter (December 22, 2016) (+)
Cover letter to memo from HUD Acting General Counsel to Secretary Castro clarifying that certain immigrant victims battered or subjected to extreme cruelty by their U.S. citizen or lawful permanent spouses have satisfactory immigration status to apply for and access Section 214 public and assisted housing including public and multifamily housing.
[pdf] Eligibility of VAWA Self-Petitioners for Financial Assistance Under Section 214 of the Housing and Community Development Act of 1980 (December 15, 2016) (+)
This memo from HUD’s General Counsel 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.
[pdf] Office of Special Needs Assistance Programs (SNAP), The Personal Responsibility and Work Opportunity Act of 1996 and HUD’s Homeless Assistance Programs (+)
HUD discussion of the range of programs that fund transitional housing programs that are to be open to immigrants without regard to immigration status.
[pdf] SNAPS In Focus: Addressing the Needs of Human Trafficking Victims (2016) (+)
Discusses action plan for serving human trafficking victims. Includes a discussion of the HUD requirement that housing and service providers that they must not turn away immigrants experiencing homelessness or victims of domestic violence or human trafficking, on the basis of their immigration status, from certain housing and services necessary for life or safety – such as street outreach, emergency shelter, and short term housing assistance including transitional housing and rapid rehousing funded through the Emergency Solutions Grants (ESG) and CoC Programs.
[pdf] FAQ Access to FYSB-funded Services for Survivors of Domestic Violence _ Family and Youth Services Bureau _ Administration for Children and Families (2016) (+)
The document confirms that immigrant victims have access to HHS Family Violence Prevention Act funded services including shelter and intermediate/transitional housing. It also discusses that anti-discrimination laws that apply.
[pdf] HHS Cover Letter to FVPSA Grantees (2016) (+)
Cover letter to Tri-agency letter on immigrant access to services necessary to protect life and safety including shelter and transitional housing and crisis counseling and intervention.
[pdf] Office of Health Homes and Lead Hazard Control Policy Guidance (January 16, 2001) (+)
HUD policy on the Lead Hazard Control Program is not a federal public benefit and is open to all persons without regard to immigration status.
[pdf] Domestic Violence Fact Sheet: HHS (2012) (+)
Update of Domestic Violence Fact Sheet: Access to HHS-Funded Services for Immigrant Survivors of Domestic Violence (2012)
[pdf] Office for Victims of Crime Cover Letter to Grantees 8.12.16 (+)
Cover letter to the Tri Agency Letter on immigrant access to services including access to emergency shelter and transitional housing for immigrant victims of domestic violence, sexual assault, human trafficking and abused and abandoned children.
*Three Federal Agencies Issue Joint Agency Letter On Shelters and Transitional Housing (August 12, 2016)
August 12, 2016 Below is an important letter released jointly by the U.S. Department of Housing and Urban Development (HUD), the U.S. Department of Health and Human Services, and the U.S. Department of Justice (DOJ) that reminds recipients of federal funds how the Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) of 1996 applies to their programs. […]
[pdf] HUD-HHS-DOJ-Letter-Regarding-Immigrant-Access-to-Housing-and-Services (+)
This letter reiterates long standing federal policies that immigrants cannot be denied access to certain services necessary to protect life and safety based on their immigration status.
This letter reiterates that immigrants experiencing homelessness, victims of domestic violence, sexual assault, dating violence, stalking or human trafficking may not be turned away on the basis of immigration status from life and safety services including but not limited to emergency shelters, and short-term housing assistance (including transitional housing and rapid re-housing), crisis counseling and intervention, soup kitchens, community food banks, emergency Medicaid and public health services.
Importantly, this Tri-Agency letter describes the anti-discrimination requirements that apply to all federal grantees and the application of these protections to cases involving immigrants
[pdf] OVW Cover Letter to Grantees Tri-Agency Letter (2016) (+)
OVW Cover Letter to Grantees Tri-Agency Letter (2016)
*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] Rental Housing Programs (2005) (+)
A guide on public housing, Section 8, rural housing, and low-income tax credit housing.
[pdf] Access to Emergency Shelters and Transitional Housing for Battered Immigrants and Immigrant Victims of Crime (June 3, 2014) (+)
The National Immigrant Women’s Advocacy Project (NIWAP) conducted a nationwide survey of advocates, attorneys, government agencies, victim services, and members of the justice system, who were asked to answer a series of questions about immigrant clients (who had been victims of domestic violence, sexual assault, child abuse, or human trafficking) who encountered, needed, or sought access to transitional housing services. This paper will provide an overview of survey participants and will focus on reporting, analyzing, and making policy recommendations regarding the data collected on transitional housing. The survey sought to discover what immigrant survivors of domestic violence, sexual assault, human trafficking, and child abuse are being asked to prove to be able to gain access to transitional housing and whether they are allowed to prove eligibility using the “any credible evidence” standard of proof akin to evidentiary standards used for VAWA immigration cases.
[pdf] Access to Transitional and Emergency Housing for Immigrant Crime Victims (2014) (+)
Immigrant victims of domestic violence and child abuse, abandoned, or neglected children and the homeless, including victims of sexual assault at risk of homelessness are entitled to both emergency housing and transitional housing, without regard to their immigration status. However, research has found that immigrant victims are turned away from transitional housing at very high rates. In many instances, advocates and attorneys working with immigrant survivors were/are not aware that battered immigrants and immigrant sexual assault victims are eligible for transitional housing.
[pdf] NIWAP Survey Findings on Access to Public and Assisted Housing for VAWA Self-petitioners, their Children, and Trafficking Victims (June 2, 2014) (+)
VAWA self-petitioners who are battered immigrant spouses and children of U.S. citizens and lawful permanent residents, and victims of human trafficking with continued presence or T visas are “qualified aliens,” and thus they are legally eligible for public and assisted housing. Although, the U.S. Department of Housing and Urban Development (HUD) is providing access to public and assisted housing for human trafficking victims, there has been an 18 year delay in HUD issuing policies and guidance to agencies and programs nationwide who administer public and assisted housing funds directing them that VAWA self-petitioners and their children are eligible to receive public and assisted housing. HUD’s failure to issue policies implementing 8 U.S.C. Section 1641(c) results in VAWA self-petitioners being precluded from accessing, or remaining and being subject to proration, in public and assisted housing units. As a result many battered immigrant spouses of U.S. citizens and lawful permanent residents who are living in public housing with their abuser are forced to choose between staying in public or assisted housing with their abuser or risk homelessness for themselves and their children.
[pdf] Programs Open to Immigrant Victims and All Immigrants Without Regard to Immigration Status (July 23, 2015) (+)
This brochure contains a list of programs for the protection of life, safety and public health, as well as legal services, which are available to immigrants regardless of their immigration status.
[pdf] Chapter 16.2 Appendix: HUD Programs and Immigrant Eligibility (+)
Chapter in Empowering Survivors: Legal Rights of Immigrant Victims of Sexual Assault. This chapter lists the HUD funded programs open to all immigrants without regard to immigration status and the programs whose availability may be limited to “qualified immigrants” as defined by the Personal Responsibility and Work Opportunity Act of 1996 (PRWORA) and immigrants considered “eligible immigrants” under Section 214 of the Housing and Community Development Act.
[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] Immigrants’ Access to Programs and Services Necessary to Protect Life and Safety and Post-Assault Health Care (+)
Information regarding immigrants’ access to programs and services necessary to protect life and safety and post-assault health care. This reading covers the Personal Responsibility and Work Opportunity Act of 1996, the Emergency Medical Treatment and Active Labor Act, community health centers, the Fair Housing Act, the McKinney Homeless Act, and legal services.
[pdf] Somewhere to Turn (+)
A comprehensive manual covering topics such as: domestic violence and battered immigrant issues, cultural competency training, cross-cultural interviewing, recruiting and hiring multilingual and multicultural staff, shelter protocols, outreach and community collaboration, shelter access for battered immigrant women, VAWA immigration cases and victim advocacy confidentiality, creative use of protection orders, protections orders enforcement and criminal prosecution, access to public benefits, verification and reporting requirements under the U.S. Attorney General’s guidance and order, and model programs.
[pdf] HUD Handbook 4350.3: Occupancy Requirements of Subsidized Multifamily Housing Programs (+)
HUD-subsidized multifamily properties represent an important and valuable resource in addressing the nation’s affordable housing needs. The successful delivery of this housing resource to the people who need it depends on effective occupancy policies and procedures. HUD’s occupancy requirements and procedures ensure that eligible applicants are selected for occupancy, that tenants receive the proper level of assistance, and that tenants are treated fairly and consistently. This handbook describes the occupancy requirements and procedures governing the HUD-subsidized multifamily housing programs identified. The handbook addresses the procedures by which households apply for housing and the rights and responsibilities of in-place tenants and property owners. This handbook is addressed to tenants, owners, managers, HUD Field Office Staff, and Performance-Based and Non-Performance Based Contract Administrators.
[pdf] Certification of Domestic Violence, Dating Violence, or Stalking (2007) (+)
The Violence Against Women and Justice Department Reauthorization Act of 2005 protects qualified tenants and family members of tenants who are victims of domestic violence, dating violence, or stalking from being evicted or terminated from housing assistance based on acts of such violence against them. This is a certification template of domestic violence, dating violence, or stalking that is to be completed by the victim of domestic violence.
[pdf] Verification of Immigration Status for Public Housing Memo (2005) (+)
A memo in response to Patricia S. Arnaudo’s request for information regarding the procedures for verification of immigration status in connection with applications for public housing made by battered immigrants.
[pdf] Public Housing Occupancy Guidebook (+)
This guide is designed to assist public housing authority staff and HUD with a range of issues related to public housing occupancy, from application for admission and rent calculations through ongoing occupancy to lease termination. The guidebook is intended to provide a handy reference for all aspects of admissions and occupancy administration.
[pdf] 2003 Budget Bill VAWA Housing Language (+)
Conference report directing HUD and DOJ Immigration Officials to work together to develop a mechanism for battered immigrant VAWA self-petitioners to access public and assisted housing.
[pdf] HUD Letter on Immigrant Victim Access to Emergency Shelter and Transitional Housing (2001) (+)
A memo about the US Department of Housing and Urban Development (HUD) funding programs that provide emergency shelter and transitional housing for up to two years that are equally available to all needy persons, including aliens who we not “qualified aliens.”
[pdf] Access to HHS Funded Services for Immigrant Survivors of Domestic Violence Fact Sheet (+)
The Office for Civil Rights created this fact sheet on “Access to HHS funded Services for Immigrant Survivors of Domestic Violence” in an effort to educate domestic violence service providers, immigrant advocates, health and social service providers, benefits agency eligibility workers, and others regarding the complex web of eligibility rules issued by several different Federal agencies, including the U.S. Department of Health and Human Services and the US Department of Justice.
[pdf] Final Specification of Community Programs Necessary for Protection of Life or Safety Under Welfare Reform Legislation (January 16, 2001) (+)
This publication contains the final version of the Attorney General’s Order which was issued pursuant to sections 401 and 411 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. The Order specifies the types of community programs, services, or assistance for which all aliens remain eligible. This publication also responds to comments submitted regarding the Order.
[pdf] Housing Act. Section 214 (+)
United States code on the public health and welfare in regards to restrictions on the use of assisted housing by non-resident aliens.
[pdf] McKinney-Vento Homeless Assistance Act (2000) (+)
Renaming of the Stewart B. McKinney Homeless Assistance Act to the McKinney-Vento Homeless Assistance Act.
[pdf] Benefits for Undocumented Immigrants (+)
This brochure highlights services and benefits that are available to immigrants in the US who do not have proper documentation. It also provides a list of agencies that offer services for immigrants and helpful information that may assist immigrants to navigate New York City’s benefits and services available to themselves and their children.
[pdf] Dreams Lost, Dreams Found: Undocumented Women in the Land of Opportunity (+)
This study was designed to identify problems and social service needs of undocumented Filipina, Latina, and Chinese women in the Bay Area. Undocumented women in the Bay Area are a growing and neglected population in need of services. This study examines the factors causing increased migration by women to the U.S., and how these factors influence women’s lives once they are here. Findings of this study reveal the economic hardship of undocumented women and their families and provide insight into immigrant women’s experiences with domestic violence. This survey was the precursor to the survey conducted in the early 1990s by Ayuda.