cp 49-055 benefit determinations - Department of Public Social ...

cases, individuals will not have a prima facie
notice; a prima facie case is established by
providing proof of a pending petition and a selfdeclaration
of abuse.
USCIS
VAWA
United States Citizenship and Immigration
Services (agency formerly known as Immigration
and Naturalization Services [INS]).
Violence Against Women Act.
Which abused immigrants may be eligible for CAPI?
Persons who have been battered or suffered extreme cruelty by a
spouse, parent or family member may be eligible for CAPI. These
persons include:
1. A spouse of a United States citizen or LPR when the
battery/cruelty of the spouse was perpetrated by the citizen, LPR
or by a member of his/her family who was living in the home;
2. Child of a U.S. citizen or LPR when the abuse was perpetrated
by a parent/parent’s spouse, by a family member of the parent or
parent’s spouse living in the home;
3. The child of a battered person described in “1” above; and
4. The parent of a battered child described in “2” above.
See Domestic Violence for LEADER Procedures
What to do if a battered non-citizen does not have a Social
Security Number (SSN) at the time of application?
As a condition of eligibility and approval of their application, CAPI
applicants must provide a SSN or proof that an application for a SSN
has been submitted with the Social Security Administration (SSA).
Most battered non-citizens do not have a SSN at the time they apply
for benefits. For example, VAWA self-petitioners with a prima facie
notice are eligible for benefits; however, they are usually not eligible to
work in the United States. As such, they will usually not have a valid
SSN. Battered non-citizen applicants, including VAWA, who meet all
eligibility criteria, will need special assistance with obtaining a SSN.
Federal, State and local law require SSA to assign a Non-work SSN
to battered non-citizens (VAWA immigrants) applying for public
assistance who need a SSN to qualify for these public benefits.
How can battered non-citizens apply for a Non-work SSN?
The EW shall follow the procedures below to assist battered non-