PM 03-01-02-i: Abused Noncitizens and Their Children or Parents

WAG 03-01-02-i.

revised textA noncitizen and their children or parents meet the immigration status requirement for cash and medical if the person:

  • revised textis a lawful permanent resident (LPR) or has a petition for status pending with or approved by the Bureau of Citizenship and Immigration Services (BCIS) which was formerly INS;
  • revised textis or was a spouse, widow, widower, or child of a U.S. citizen or a spouse or child of an LPR;
  • revised texthas been abused (or the noncitizen's child under age 19 has been abused) by the U.S. citizen or LPR or by a member of that relative's family who lived with them;
  • needs assistance, at least in part, due to the abuse; and
  • no longer lives with the abuser or plans to live separately within one month after receipt of assistance.

If the person has an immigrant sponsor, they are exempt from budgeting sponsor liability for one year from the time they first receive assistance. This exemption continues after the first year if the abuser is the sponsor and the abuse has been established by judicial action, such as an Order of Protection or criminal conviction, or by a USCIS determination.

The family must meet all other eligibility factors for the assistance program(s). Due to the complexity of federal requirements regarding abused noncitizens, always contact the DHS Bureau of Policy Development or the DHS Office of the General Counsel before denying a noncitizen who claims they are eligible under these provisions.

Be sure that the abused person is connected with domestic violence services. If they are not already receiving services, refer them to a provider.

Report child abuse to DCFS (see PM 01-05-01).