Minnesota Minnesota

Combined Manual

Combined Manual


BATTERED SPOUSES, CHILDREN, AND PARENTS OF BATTERED CHILDREN

ISSUE DATE: 10/2024

A person who has received an immigration status because they were battered by a spouse, child, or parent who is a United States citizen or Lawful Permanent Resident. 

Eligibility

Many special conditions determine whether a person is eligible for particular programs. See the following information.

Most common examples of Immigration Documentation

  • Approved Form I-360 under the Violence Against Women’s Act (VAWA)
  • U.S. Citizenship and Immigration Service letter indicating "Prima Facie eligibility."
  • Immigration Court document indicating a pending Cancellation of Removal case under the Violence Against Women's Act
  • Cancellation of Removal noting battered spouse/child
  • Stay of Deportation noting battered spouse/child

Likely to be sponsored?

No.

Category Code - Lawful Permanent Resident Card 

  • Explains the code on the LPR card when a person "Adjusted from" this status.

B11, B12, B16, B17, B20, B21, B22, B23, B24, B25, B26, B27, B28, B29, B30, B31, B32, B33, B34, B35, B36, B37, B38, IB1, IB2, IB3, IB6, IB7, IB8, Z14

Category Code - Employment Authorization Document (EAD) 

  • Explains a person's current status.

C31

A two-step process for determining eligibility

Determining eligibility requires both:

1.

Confirming the applicant’s status as a battered spouse, child, or parent of a battered child.

2.

Determining specific circumstances about their lives or history that match specific program policies.

  • Those circumstances will determine which people are eligible for federally-funded benefits, for state-funded benefits or for no benefits.

Determining Cash Assistance eligibility

Determine if the person is eligible for federally-funded or state-funded MFIP.

Federally Funded MFIP eligibility

Battered spouses, children, or parents of a battered child that meet any one of the following conditions is eligible for federally-funded MFIP:

Active duty U.S. military or honorably discharged U.S. veterans and their spouses and unmarried dependent children.

  • Verify this by the U.S. military ID, or a document issued by a U.S. military branch confirming active military duty. This does not include service through the National Guard.

Have 40 qualifying Social Security work credits

Has been a qualified non-citizen for five years or more. See 0002.53 (Glossary: Qualified…).

  • Verify this by looking at the status grant date on the person’s immigration document(s) and reviewing what it means to be a qualified non-citizen.

NOTE: If the person is NOT eligible for federally funded benefits, then consider whether they are eligible for state-funded benefits.

State funded MFIP benefits, Minnesota Supplemental Aid (MSA), General Assistance (GA), and Group Residential Housing (GRH).

Battered spouses, children, or parents of a battered child are eligible.

Diversionary Work Program

Follow MFIP guidance except where noted, See 0011.34 Family Stabilization Services, and 0013.05 - DWP Bases of Eligibility.

Determining Food Assistance eligibility

Determine if the person is eligible for federally-funded or state-funded SNAP.

SNAP eligibility

Battered spouses, children, or parents of a battered child that meet any one of the following circumstances are eligible for SNAP:

Active duty U.S. military or honorably discharged U.S. veterans and their spouses and unmarried dependent children.

  • Verify this by the U.S. military ID, or a document issued by a U.S. military branch confirming active military duty. This does not include service through the National Guard.

Blind or disabled and receiving federal benefits for that condition.

Have 40 qualifying Social Security work credits

A battered spouse, child, or parent of a battered child who has been in a qualified non-citizen status for at least five years.

  • Verify this by looking at the status grant date on the person’s immigration document(s) and reviewing what it means to be a qualified non-citizen.

People who have a “prima facie” eligibility letter from applying for an immigration status under the Violence Against Women Act are qualified non-citizens. The 5-year wait begins on the date of this letter.

Children under age 18.

If the battered spouse, child, or parent of a battered child is NOT eligible for federally-funded SNAP, consider their eligibility for state-funded SNAP.

State-funded SNAP (Minnesota Food Assistance Program)

To be eligible for the Minnesota Food Assistance Program, the person must meet ALL following conditions:

  • Be eligible for SNAP except for their immigration status,
  • Be 50 years old or older,
  • Be a resident of Minnesota, and
  • Not receiving MFIP.

If the person is not eligible for SNAP or the Minnesota Food Assistance Program, they may be eligible for the Special Supplemental Nutrition Program for Women, Infants and Children (WIC). See 0029.07.09 (Women, Infants, and Children (WIC) Programs).  

PREVIOUS REVISIONS

DateNotes
08/2024 adds that non-citizens are eligible for WIC if they meet other WIC eligibility requirements.
07/2024 added an eligible condition under Federally Funded MFIP Eligibility – “Has been a qualified non-citizen for five years or more”.
05/2024 New section: Explains this immigration situation, public benefits eligibility, and other important factors to consider.

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