Battered Noncitizen – SNAP

Eligibility Requirements

Persons who are otherwise ineligible for SNAP due to their immigration status may be eligible because of their domestic violence history as a Battered Noncitizen.

Applying under the Violence Against Women Act (VAWA) is only one of the ways to obtain battered noncitizen status.
Children or stepchildren of those with battered noncitizen status are “derivative beneficiaries” meaning that they are eligible for benefits if one parent or stepparent meets the requirements.
All individuals who disclose domestic violence should be referred to a Domestic Violence Specialist, even if they are not eligible for SNAP benefits.
Although individuals cannot qualify for battered noncitizen status if they are not in the country lawfully, they should still be referred to the DV Specialist who may be able to connect them with an organization that can assist them with their immigration status.

The following questions must be answered to determine whether the applicant is eligible for SNAP under battered noncitizen regulations:

WHAT ARE THE NONCITIZEN’S CIRCUMSTANCES REGARDING THE DOMESTIC VIOLENCE?
1. Has the noncitizen (either the parent/stepparent or a dependent child/stepchild) been abused or subjected to extreme cruelty within the U.S. by their spouse, parent, stepparent, or other family member residing or at any time resided in the same household?
2. Is the noncitizen no longer residing with the batterer?

If the answer to any of the questions under #1 is “No,” the noncitizen does not qualify as a battered noncitizen under federal law. If all the answers to the above questions are “Yes,” then go to question #2.

WHAT IS THE BATTERED NONCITIZEN’S IMMIGRATION STATUS?
1. To be eligible for SNAP, due to battered noncitizen status, the noncitizen must have:
  1. A pending or approved I-130 petition to immigrate as:
    1. a spouse or child/stepchild under age 21 of a U.S. citizen,
    2. or a spouse, child/stepchild under age 21, or unmarried child/stepchild over 21 of a LPR; or

Note: See coding on Permanent Resident Card section later in this memo for instructions on determining if the noncitizen has a pending or approved I-130 petition.

a Form I-130 petition filed by their spouse parent or stepparent;
a Form I-130 petition filed as a widow(er) of a U.S. Citizen;
a pending or approved I-360 self-petition to immigrate under the VAWA. A pending self-petition is verified by a notice of a prima facie determination, I-797 Notice of Action form. A prima facie determination is an interim decision pending an approval or denial of the petition, or
an application for cancellation of removal or suspension of deportation filed as a victim of domestic violence.

The noncitizen, the noncitizen’s child, the noncitizen’s stepchild, or the noncitizen child’s parent or stepparent is classified as abused in the U.S. under any of the circumstances specified below:

The noncitizen has been battered or subjected to extreme cruelty in the U.S. by a spouse, parent, stepparent of the noncitizen, or by a member of the spouse’s parent's or stepparent’s family who has at any point resided in the same household if the spouse, parent, or stepparent consents to the battery and cruelty;
The noncitizen’s child has been battered or subjected to extreme cruelty in the U.S. by a spouse, parent, or stepparent of the noncitizen, or by a member of the spouse’s, parent’s, or stepparent’s family who has at any point resided in the same household if the spouse, parent, or stepparent consents to the battery or cruelty, and the noncitizen did not actively participate in the battery or cruelty;
The parent or stepparent of a noncitizen child has been battered or subjected to extreme cruelty in the U.S. by the parent’s or stepparent’s spouse, or by a member of the spouse’s family who has at any point resided in the same household as the parent or stepparent, if the spouse consents to or acquiesces in such battery or cruelty;
There is a substantial connection between the battery or extreme cruelty and the need for SNAP benefits;
The battered noncitizen, child, stepchild, parent, or stepparent no longer resides in the same household as the abuser; and
- The noncitizen meets one of the following conditions:
- Has resided as a qualified noncitizen in the U.S. for five years;

Note: The five-year period starts from the date the Prima Facie case determination is issued, I-130 Petition for Alien Relative form was filed, or when the abused non-citizens’ I-360 petition is approved, whichever is earlier (not the date the noncitizen obtained LPR status).

Is elderly born on or before 8/22/31 who was lawfully residing in the U.S. on 8/22/96;
A child under 18 years of age;
Is a Disabled Noncitizen; or
Is a Veterans or Active Duty Personnel.

Verification

Receipt of or other proof of filing an I-130 (Petition for Alien Relative) under immediate relative (IR) or 2nd family preference (P-2) showing status as spouse.
Form I-360 (application to qualify as abused spouse or child under VAWA).
Form I-797 Notice of Action referencing pending I-130 or I-360 or finding establishment of a prima facie case.
Receipt of or other proof of filing an I-485 application for adjustment of status on the basis of an immediate relative (IR) or family 2nd preference petition or VAWA application.
Any documents indicating a pending suspension of deportation or cancellation of removal case, including a receipt from an immigration court indicating filing of form EOIR-40 (application for suspension of deportation) or EOIR-42 (application for cancellation of removal).
Form I-668B or I-766 Employment Authorization Document (EAD) coded 274.12(a)(10) (applicant for suspension of deportation or 274.12(c)(14) or C14 (individual granted deferred action status).
Any verification from USCIS or other authoritative document.

Note: Abused spouses, children, stepchildren, parents of abused children or stepchildren, and children or stepchildren of abused spouses are eligible. They must have a pending petition for immigrant visa, either filed by a spouse or a self-petition under the VAWA, or an application for suspension of deportation or cancellation of removal. The petition or application must either be approved or, if not yet approved, must present a prima facie case.

In many situations, the applicant will not possess the documents specified above but will have others that provide the necessary proof (e.g., there are other documents that demonstrate that the applicant received their status through an I-130 petition). Therefore, you must request any other documentation the applicant has pertaining to their immigration status, such as permanent resident card, employment authorization card, notices of approved petitions, etc., to help determine eligibility.

Important: Cuban/Haitian Entrants, COFA nationals, and Amerasian noncitizens are automatically eligible for SNAP and do not need to pursue a battered noncitizen status. However, if domestic violence is disclosed you are to refer them to the Domestic Violence Specialist for other services.

If the abused noncitizen presents a Permanent Resident Card (I-551), be sure to check the code on the card. The code can be found under the heading Category between the headings Birthdate and Sex. The code is useful in determining whether the noncitizen immigrated through a family member (thus meeting the I-130 requirement above) or by some other means. Some common codes on Permanent Resident Cards which show that the noncitizen obtained LPR status through a petition by a U.S. citizen spouse or parent or an LPR spouse or parent include, but are not limited to:

IR1 or IR6 - the noncitizen obtained the LPR status through a petition by a U.S. citizen spouse
IR2 or IR7 - the noncitizen obtained the LPR status through a petition by a U.S. citizen parent
F21 or F26 - the noncitizen obtained the LPR status through a petition by an LPR spouse
F22, F24, F27, F29 - the noncitizen obtained the LPR status through a petition by an LPR parent

Please note that these codes mean the same thing even if they contain a dash (e.g., IR-1, F2-1). Contact the Noncitizen Liaison for the TAO for assistance in determining whether the applicant meets the regulatory requirements if:

the card contains a code other than those stated above
the abused noncitizen presents documentation other than the Permanent Resident Card (I-551) or
the abused noncitizen states that they do not have any documentation but claims to have the necessary status. The abused noncitizen must demonstrate steps taken to obtain the documentation, such as written confirmation from Legal Services, one of the agencies listed on the Noncitizen Resource Brochure (NCRB) and/or the United States Citizenship and Immigration Services (USCIS). If the noncitizen complies with the steps to obtain the necessary documentation, but is still unable to provide written documentation, the Department can accept a signed self-declaration and approve the application for benefits pending receipt of the necessary verifications. The Department may make an inquiry by calling (802) 527-4888, the telephone line for victim-related case types at the Bureau of Citizenship and Immigration Service, Vermont Service Center.

The Noncitizen Liaison is to refer unresolved issues to their SIS or Office Management to forward to the Procedural Mailbox for clarification.

Battered Noncitizen – SNAP

Eligibility Requirements

Verification

Related Topics

Last Update: March 10, 2026