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: • A Form I-130 petition
