QUOTE(shona @ Feb 13 2007, 09:24 AM)
D. Mermaid : The 1996 Welfare Reform Act states the immigrants cannot get benefits for the first 5 years. I have been to churches and, have been able to get free school meals for my son thankfully.
Shona,
I think it is time for you to get aggressive with the agencies that are denying you benefits, or approach the Department of Health and Human Services, armed with the following information. You might even consider emailing this person to enquire of how to proceed
Deeana Jang
Office for Civil Rights
U.S. Department of Health and Human Services
200 Independence Avenue, SW
Room 506-F
Washington, DC 20201
Phone: (202) 619-0403
FAX: (202) 619-3818
e-mail: djang@os.dhhs.gov
Can battered immigrants get TANF, Medicaid or State Children's Health Insurance Program (SCHIP) benefits?It depends upon whether the state has elected to provide these benefits to "qualified aliens," whether the applicant meets the definition of "qualified alien" and whether the battered immigrant entered the country prior to 8/22/96(3) or has been in "qualified alien" status for five years. 8 U.S.C. 1613 and 1612(
. If a state provides TANF, Medicaid or SCHIP benefits to "qualified aliens," then otherwise eligible battered immigrants who meet the definition of "qualified alien" and who entered before 8/22/96 or who have been in a "qualified alien" status for five years should be eligible. It should be noted that while certain immigrants are not eligible for federally funded benefits such as TANF, Food Stamps, Medicaid or SCHIP because of their immigration status, or because they have entered the country on or after 8/22/96 and have not been in a "qualified alien" status for five years, states may elect to provide state-funded benefits including income maintenance, nutrition assistance, or health care.
How do battered immigrants qualify for programs such as TANF, Medicaid or SCHIP?As noted above, battered immigrants who are determined to be "qualified aliens" may be eligible for certain types of public assistance such as TANF, Medicaid or SCHIP. "Qualified aliens" include lawful permanent residents, refugees and asylees, persons granted withholding of removal (deportation), persons paroled for at least a year, those granted conditional entry prior to 4/1/80, Cuban and Haitian entrants, and certain battered immigrants.
In order for battered immigrants to be considered "qualified aliens," the Immigration and Naturalization Service (INS) or the Executive Office for Immigration Review (EOIR or "immigration court") must make certain determinations regarding immigration status, and the benefits granting agency must make additional findings. To be considered a "qualified alien," a battered immigrant must show he or she has an approved
OR pending petition which makes a prima facie case for immigration status under one of the following categories:
1. A Form I-130 petition filed by their spouse, or in the case of a child, by the parent or in the case of an unmarried adult son or daughter of a lawful permanent resident (LPR), by the parent.
2.
A Form I-360 petition as a widow(er) of a United States citizen (USC) under 8 U.S.C. 1154(a)(1)(A)(ii). 3. An approved self-petition filed with the Immigration and Naturalization Service (INS) under the Violence Against Women Act (VAWA) on Form I-360
OR an I-360 pending with the INS, and INS has issued a Notice of Prima Facie Determination. In addition, a child of a self-petitioner may also derive immigration status from the self-petition. INS should include the names of any qualifying children on the Notice of Approval or Notice of Prima Facie Determination. Review of these VAWA applications includes a determination that the applicant has been subject to battery or extreme cruelty.
4.
An application for VAWA cancellation of removal or suspension of deportation has been granted OR is pending and the immigration court finds that the applicant has a prima facie case for this relief. Review of VAWA applications for cancellation/suspension includes a determination that the applicant has been subject to battery or extreme cruelty.
The
Notice of Approval or the Notice of Prima Facie Determination may be presented to benefits granting agencies as evidence of status as a "qualified alien." Benefits granting agencies may verify this using procedures outlined in the"Interim Guidance on Verification of Citizenship, Qualified Alien Status and Eligibility Under Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996," AG Order No. 2129-97, 62 Fed. Reg. 61366 (November 17, 1997).
In order to be considered a "qualified alien," the person must demonstrate that he or she has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse or parent's family residing in the same household as the alien and the spouse or parent consented to, or acquiesced in, such battery or cruelty. The child of a battered immigrant or the parent of a battered child (as long as the parent did not actively participate in the battery or cruelty) can also be eligible for benefits. INS or the immigration court has already made the requisite determination of abuse as part of the self-petition or VAWA cancellation in the last two categories, described above. However, abuse is not part of the adjudication in the first two categories. Therefore, the benefits granting agency must make this determination. Applicants must provide evidence of battery or extreme cruelty to themselves or their children. Benefits providers are to consider any credible evidence of abuse that the applicant provides including, but not limited to, reports or affidavits from police, judges and other court officials, medical personnel, school officials, clergy, social workers, counseling or mental health personnel, and other social service agency personnel, protection orders, evidence that the applicant sought help from a battered women's shelter, photographs of injuries, affidavits from family members or others who have personal knowledge of the battery or extreme cruelty and the applicant's own credible affidavit.
In all of the above categories, benefits granting agencies must determine that there is a substantial connection between the need for benefits and the abuse and that they are no longer residing with the abuser. See "Guidance on Standards and Methods for Determining Whether a Substantial Connection Exists Between Battering or Extreme Cruelty and Need for Specific Public Benefits," 62 Fed. Reg. 65285 (December 11, 1997), and Exhibit B to Attachment 5 of the "Interim Guidance on Verification of Citizenship, Qualified Alien Status and Eligibility Under Title VI of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996," AG Order No. 2129-97, 62 Fed. Reg. 61366 (November 17, 1997).
sorry for hear it... Yest..this is America... difficult place to life... I understand you very much... New place to lfe is absolutely different than your previous home life... Only strong people are survive. 
