42-405 Battered Noncitizens

4. Included reference to the new PUB 434, General Relief Domestic Violence (03/2025), brochure that provides information on GR Domestic Violence (DV) resources designed to assist and protect battered noncitizens.

5. References to the General Relief Opportunities for Work (GROW) Program have been replaced with the Skills and Training to Achieve Readiness for Tomorrow (START) Program.

6. Included reference to BenefitsCal, which is the new statewide self-service portal that replaced Your Benefits Now.

7. References to the Electronic Document Management System have been replaced with CalSAWS Imaging Solution (CIS).

Note: Changes are shown highlighted in gray throughout the document.

Policy

Battered noncitizens are potentially eligible for GR pending the disposition of their petition for lawful status from the United States Citizenship and Immigration Services (USCIS). This includes battered noncitizens with the following petitions:

1. Violence Against Women Act (VAWA) self-petitions;

2. Self-petitions by widow(er)s of United States (U.S.) citizens or Lawful Permanent Residents (LPRs);

3. Family-based petitions:

a. Spouses of U.S. citizens or LPRs;

b. Unmarried children under 21 years old of U.S. citizens or LPRs; or

c. Unmarried children aged 21 or older of LPRs.

4. Cancellation of Removal or Suspension of Deportation petitions; and

5. Derivative beneficiaries:

a. Unmarried children under 21 years old, who are referenced on the petition request but are not indicated on the USCIS document/notice.

Note: Unmarried children of battered noncitizens aged 18 and older may be eligible for GR.

Background

In 1994, VAWA was passed by Congress to allow a battered noncitizen spouse or child of a U.S. citizen or LPR to apply directly (self-petition) to USCIS on their own behalf for lawful immigration status without the assistance of the abusive spouse or parent. Prior to VAWA, only a U.S. citizen or an LPR could petition to the USCIS for their noncitizen spouses or children to become LPRs.

Definitions

Term	Description
Approved petition	A petition that indicates that USCIS has exercised the option to place the person in deferred action. This is valid for the specified period of time as indicated on the document. If a petition is not approved by the end of the specified period, an inquiry will be made.
BenefitsCal	A website for customers to apply for, view, and renew benefits for health coverage, food, and cash assistance. The BenefitsCal portal also allows customers to upload supporting verification(s)/document(s) online.
LPR	Any person who is not a citizen of the U.S. who is living in the U.S. under legally recognized and lawfully recorded permanent residence as an immigrant. Also known as a “permanent resident alien,” “resident alien permit holder,” or “Green Card holder.” All LPRs are considered qualified noncitizens and are eligible for GR, provided they meet all other GR eligibility requirements.
Noncitizen	A person without U.S. citizenship or nationality (may include a stateless person). This term is synonymous with “foreign national” and with “alien” as defined in Section 101(a)(3) of the Immigration and Nationality Act (INA) (8 U.S.C. 1101(a)(3)).
Pending Petition (Self-Petition)	A petition that has been submitted to the USCIS and a final decision has not been provided.
Prima Facie Case	USCIS has made a preliminary review and has determined that based on the face value of the evidence, the case appears to be valid. A prima facie determination is an interim decision pending an approval/denial of the petition. Once the USCIS makes a prima facie determination, the battered noncitizen will receive a prima facie notice.
Qualified Noncitizens	Noncitizens who are potentially eligible for GR.
START Program (formally known as GROW Program)	A mandatory Welfare-to-Work Program for Employable GR participants that provides education and training opportunities, supportive services, and case management to help them obtain jobs and achieve self-sufficiency. While participating in the START Program, participants will be assigned activities to help achieve their employment goals. The START Program helps with transportation costs and job-related expenses, such as supplies and uniforms.
USCIS	The federal department that is responsible for processing immigration and naturalization applications and establishing policies regarding immigration services, formerly known as Immigration and Naturalization Service.
VAWA	A federal law that allows an abused noncitizen spouse or child of a U.S. citizen or LPR to apply directly on their own behalf, for lawful immigration status without the assistance of the abusive spouse or parent. Prior to VAWA, only a U.S. citizen or an LPR could petition the USCIS for their noncitizen spouse or children to become LPRs.

Requirements

To be eligible for GR as a battered noncitizen, the applicant must meet all the following requirements:

1. Provide Verification Documents from USCIS that indicate:

a. An approved petition;

b. A prima facie; or

c. A pending petition for self-petitioners.

2. Meet all other GR eligibility requirements.

The battered noncitizens must meet the following requirements:

Category	Requirement/Condition
VAWA Self-Petition	To qualify, the applicant only needs to establish they have a pending (prima facie determination) self-petition.
Self-Petition by Widow(er)	To qualify, the applicant needs to establish they have an approved petition. The application form I-360, Petition for Amerasian, Widow(er), or Special Immigrant, is the same one used by VAWA petitioners but indicates they are a widow(er) on the notice.
Family-Based Petitions	To qualify, the applicant needs to establish they have an approved family-based petition that shows they meet the relationship condition requirements as follows: 1. Spouses of U.S. citizens or LPRs; 2. Unmarried children (under 21 years old) of U.S. citizens or LPRs; or 3. Unmarried children (age 21 or older) of LPRs.
Cancellation of Removal or Suspension of Deportation	To qualify, the applicant must provide verification they filed a petition to the Executive Office for Immigration Review (EOIR) immigration courts for Cancellation of Removal or Suspension of Deportation as a battered noncitizen.
Derivative Beneficiaries	To qualify, the applicant must provide verification that their name was referenced on the petition request but was not indicated in the USCIS approval document or the prima facie notice.

Battered noncitizens must comply with the following GR Program requirements:

Requirement	Limit/Condition
Social Security Number (SSN)	GR applicants/participants are required to provide a SSN as a condition of GR eligibility. However, battered noncitizens may not have or may not be able to obtain a SSN for work purposes. These individuals will be assisted in obtaining a non-work SSN by providing them with a PA 4013, Non-Work Social Security Number Referral Letter. Refer to 40-113 Social Security Number Requirement and PA 4013, Non-Work Social Security Number Referral Letter policies for details.
Identification (ID)	Battered noncitizen applicants must provide a photo ID to verify their identity. Refer to 40-111 Identification policy for details.
Citizenship Status	Battered noncitizens are required to provide acceptable documentation from USCIS or EOIR confirming their immigration status.
Residence Address	Battered noncitizens are not required to have a residence address. The district office address may be used as the residence address. Post Office Box (P.O. Box), Commercial Mail Receiving Agent (CMRA), Community Agency or Mail Drop addresses cannot be used as a residence address.
Mailing Address	Battered noncitizens are required to have a mailing address. A local P.O. Box, CMRA, or Mail Drop address may be used as a mailing address. The GR district office can be used as a mailing address for homeless applicants/participants. However, applicants/ participants with a residence address must provide a mailing address and may not use the district office as a mailing address. No exceptions are allowed. Note: Homeless applicants/participants are required to complete the PA 1815, Important Notice About a Mailing Address and indicate their mailing address. Applicants/participants who are using the district office address as a mailing address are required to check their mail on a weekly basis. However, all correspondence will be available in their BenefitsCal account for 90 days under the Messages tab.
Employability Status	Battered noncitizens who do not have a SSN or have not received their Employment Authorization Document (EAD) from USCIS will be designated an Administratively Unemployable (AU) status. Participants with SSN and EAD will be considered Employable and will be required to participate in the START Program unless they provide a medical verification indicating they are unable to work due to a physical or mental health condition. Refer to 41-200 Administratively Unemployable and 41-400 Employable Determination policies for details.
Participation in the START Program	Battered noncitizens who do not have a SSN or EAD are not required to participate in the START Program. However, they will be offered the opportunity to participate in activities that will assist them to prepare for future employment, such as English language classes, job skills development, job-specific training, etc. Participants who voluntarily choose to participate in the START Program will not be penalized for failing to comply with the START Program requirements, and their GR benefits will not stop. Participants with physical or psychological trauma related to or arising from the victimization who are unable to comply with the START Program requirements will be temporarily exempted from the education/training program. A physician’s written statement indicating the participant’s inability to participate in education/training is acceptable. Refer to 41-200 Administratively Unemployable and 41-400 Employable Determination policies for details.
Mental Health Services	Battered noncitizens determined to be Unemployable will be referred to co-located/remote Department of Mental Health (DMH) Clinicians for a Mental Health Assessment (MHA). DMH Clinicians will also be available to assist the battered noncitizens if they experience a mental health crisis. Refer to 41-100 Needs Special Assistance for details.
Income	Current income received by the spouse of a battered noncitizen applicant/participant is exempt. Money received by victims of violent crimes through the Victim Assistance Program administered by the State Board of Control pursuant to the California Government Code Sections 13959 through 13696 is exempt. Refer to 44-101 Income policy for details.
Responsible Relative Contributions	Battered noncitizen applicants/participants are exempt from providing information about the responsible relative spouse (abuser). If all other GR requirements are met, GR will be approved even though it has been determined that the responsible relative spouse is able and willing to contribute a sufficient amount to cover the applicant’s/participant’s needs. The responsible relative spouse is not exempt from liability and must pay all support money to Los Angeles County. Refer to 43-100 Responsible Relatives for General Relief policy for details.

Refer to 63-405 Citizenship or Eligible Non-Citizen Status policy for CalFresh Program requirements.

Confidentiality Information

For the safety of battered noncitizens, no confidential case information will be released to anyone who is not directly involved in the case. This includes the battered noncitizen’s spouse or intimate partner unless the applicant/participant has signed the CSF 117, Authorized Representative Designation for Cash Benefits and designated an Authorized Representative (AR) on the GR case and/or the

ABCDM 228, Applicant’s Authorization for Release of Information form to release the case information or it is required by law.

Battered noncitizens are to decide how they will communicate with and receive correspondence from the Department of Public Social Services (DPSS). They can choose to receive the correspondence by mail, in person, or electronically via texts, calls, and/or emails.

Battered noncitizens should be aware that confidentiality restrictions will be added to their case for security or other safety reasons, which will restrict them from accessing their case information via BenefitsCal. They will be given an opportunity to opt-in or out from the Self-Service Portal Customer Privacy (SSPCP) record functionality at Intake, during GR Renewal (RE), or at any point of contact. When there is an active SSPCP record on a case, the battered noncitizens cannot:

1. Access their case information through BenefitsCal;

2. Link their existing case to their BenefitsCal account; and

3. Upload documents online.

Battered noncitizens who choose to access their case through BenefitsCal can request the SSPCP record be end dated at any time by calling the Customer Service Center (CSC) at (866) 613-3777 or in-person at any district office.

When there is no active SSPCP record on a case or when the record is end dated, the battered noncitizens can link their case to their BenefitsCal account, including all correspondence that will be available in their BenefitsCal account for 90 days under the Messages tab, and use all available features.

Verification Documents

Individuals applying as battered noncitizen applicants must provide one of the following verifications from UCSIC or EOIR:

1. I-797 or I-797C, indicating:

a. I-360, Establishment of Prima Facie Case;

b. I-360, Approval Self-Petitioning Spouse;

c. I-360, Approval Notice based on the status as a widow(er); or

d. I-130, Approval Notice.

2. A letter from an Immigration Judge or from the Board of Immigration Appeals that indicates:

a. The approval of status or establishing of a prima facie case; or

b. The granting Suspension of Deportation under Section 244(a)(3) of the INA as in effect prior to April 1, 1997, or a Cancellation of Removal under Section 240(b)(2) of the INA.

Individuals applying for GR under the immigration categories: self-petition by widow(er) or family-based petition, are required to sign a sworn statement that they are a victim of DV in addition to providing documentation from USCIS or EOIR.

Note: Some USCIS notices may state they are valid for up to 150 days. The GR case will not be denied/discontinued due to the 150-day expiration; however, the applicant/participant will be required to provide the USCIS case status.

The applicants/participants can check the status of their petition for lawful immigration status by accessing the USCIS Case Status Online Service at https://egov.uscis.gov or by calling the USCIS CSC at (800) 375-5283 or EOIR at

(800) 898-7180. To access their petition status, the applicants/participants need the Receipt Number, which is a unique 13-character identifier that consists of three letters (EAC, WAC, LIN, SRC, NBC, MIS, or IOE) and 10 numbers. The Receipt Number can be found on the forms provided to applicants/participants after they have submitted an application to the USCIS. An update is immediately provided, which can be printed and provided as verification.

Battered noncitizens who are working with third-party officials (e.g., advocate, law enforcement, legal aid, etc.), who are assisting the victims to obtain necessary verification must complete/sign the ABCDM 228 before any information can be released by DPSS.

Battered noncitizens can submit their GR application and/or verifications:

1. By U.S. mail or eFax;

2. In person at any district office;

3. By phone through the CSC; or

4. Via BenefitsCal if there is no active SSPCP record.

Systematic Alien Verification for Entitlements (SAVE)

An electronic information sharing database administered by the USCIS that allows federal, state, and local benefit-granting agencies to verify an applicant’s/participant’s immigration status or naturalized/derived citizenship status.

The SAVE system does not always contain information about battered noncitizens and should not solely be used to confirm eligibility for benefits.

Individuals who have entered the U.S. legally with non-immigrant status and a visa (e.g., a student or a tourist visa) will be in the SAVE system. However, undocumented individuals’ information will not be reflected in the SAVE system.