WAG 03-01-02-i: Abused Noncitizen Spouses, their Children and Parents

PM 03-01-02-i

Verification of USCIS Immigration Status

  1. Verify the individual has an approved Prima Facie Determination under VAWA and has been designated as a Qualified Alien in status for at least 5 years by reviewing one of the following documents:
    1. I-797 Notice of Action with Approval of the VAWA Petition (I-130 or I-360); or
    2. Lawful Permanent Resident Card notated with one of the following Class of Admission codes:
      1. Deleted Text
      2. New TextB1-1 or B1-6 - Self-petition unmarried son/daughter of U.S. Citizen; or
      3. New TextB1-2 or B1-7 - Child of an alien classified as AS6; or
      4. New TextB2-1 or B2-6 - Self-petition spouse of legal permanent resident; or
      5. New TextB2-2 or B2-7 - Self-petition child of legal permanent resident; or
      6. New TextB2-3 or B2-8 - Child of an alien classified as B21, B22, B26, or B27; or
      7. New TextB2-4 or B2-9 - Self-petition unmarried son/daughter of legal permanent resident; or
      8. New TextB2-5 or B2-0 - Child of an alien classified as B24 or B29 B31 B36; or
      9. New TextB3-2 or B3-7 - Spouse of an alien classified as B31 or B36 B33 B38; or
      10. New TextB3-1 or B3-6 - Self-petition married son/daughter of U.S. citizens; or
      11. New TextB3-3 or B3-8 - Child of an alien classified as B31 or B36; or
      12. New TextBX-1 or BX-6 - Self-petition spouse of legal permanent resident - exempt; or
      13. New TextBX-2 or BX-7 - Self-petition child of legal permanent resident - exempt; or
      14. New TextBX-3 or BX-8 - Child of an alien classified as BX1, BX2, BX6, or BX7; or 
      15. IB-1 or IB-6 - Self-petition spouse of U.S. citizen; or
      16. IB-2 or IB-7 - Self-petition child of U.S. citizen; or
      17. IB-3 or IB-8 - Child of an alien classified as IB1 or IB6;or
      18. New TextIB-5 - Parents Battered or abused; of US Citizen, new arrivals, self-petitioning; or
      19. New TextIB-0 - Parents Battered or Abused, of US Citizen, adjustments, self-petitioning; or
      20. New TextZ1-4 - Battered Spouses or Children
      21. Deleted Text
      22. Deleted Text
      23. Deleted Text
  2. Establish that the noncitizen lives apart from the abuser.
    1. If the other criteria are met but the individual is unable to separate from the abuser without assistance, complete the eligibility determination process. If otherwise eligible, approve benefits based on the anticipated separate living arrangement.
    2. Be sure that an abused adult is connected with domestic violence services to help them develop a safety plan. If the individual is not already receiving domestic violence services, refer them to a provider:
      1. For residents in the City of Chicago, provide the Chicago Domestic Violence Help Line at 877-863-6338 (voice) or 877-863-6339 (TTY). Refer to other local, state and national providers as needed.
      2. For residents outside the City of Chicago, provide the National Domestic Violence Hotline at 800-799-7233 (voice) or 800-787-3224 (TTY). Refer to other local, state and national providers as needed.
      3. Report Child Abuse and/or Neglect to the Illinois DCFS Hotline at 800-252-2873 (voice) or 800-526-0844 (TTY). See WAG 01-05-01 for complete reporting instructions.
    3. Terminate benefits if the person is still living with the abuser one month after receipt of the first month's Cash benefits. The individual may reapply when they have a separate living arrangement.
    4. Deleted Text
    5. Deleted Text

IES Process

Clearances in IES should be triggered, reviewed, and entered in IES when completing all verification processes including those encompassing a USCIS Immigration status validation.

  1. Enter Information from document used to for verification of USCIS status, into IES on the Non-Citizen Details page.
  2. Trigger and review clearances for the eligibility determination.
  3. The Federal Data Services Hub (FDSH) Verification clearance provides information regarding verification of the following:
  • Name
  • SSN
  • Citizenship - Runs when information is entered in the Individual Demographics page
  • Lawful Presence - Automatically triggered when information is entered in the Non-Citizen Details page and displays one of the following:
    • Not Needed when Citizenship is validated
    • Green Check Mark when clearance validations are successful.
    • A Red Circle with an "X" when validation was unsuccessful; this verification is often in combination with the Lawful Presence indicator display of the "Verify" hyperlink.
    • A hyperlink indicating "Verify" displays if information is omitted from any of the pertinent pages in IES to allow staff to enter the citizen or non-citizen details from the hyperlink Clearances page.