Effective Dates: 10/21/2014 - Present Previous | Next

TN 61 (09-25)

SI 00502.116 “Deemed Qualified Alien” Status Based On Battery Or Extreme Cruelty By A Family Member

CITATIONS:

Public Law (P.L.) 105-33 , section 5571; P.L. 104-208 , section 501; P.L. 104-193 , section 431;
62 FR 65285-87 dated 12/11/97

A. Background

P.L. 104-193 , as amended, provides an exception to the rules which restrict eligibility for public benefits for certain aliens who were battered or subjected to extreme cruelty (also referred to as "abused") by a spouse or by a member of the household where the alien was residing when the abuse took place. Under this provision, “deemed qualified alien” status can be established for certain battered or abused aliens provided they meet additional conditions. (See SI 00502.200 for changes in sponsor-to-alien deeming rules that apply to alien claimants who have been battered or subjected to extreme cruelty.)

B. Policy -- General

1. Deemed Qualified Aliens

Alien claimants filing for Federal benefits may be eligible as "deemed qualified aliens" under P. L. 104-193 , as amended by P.L. 104-208 and P. L. 105-33 , based on battery or extreme cruelty. The alien claimant must meet the following four requirements to be considered "deemed qualified aliens" based on battery or extreme cruelty:

  1. a. 

    the alien, the alien's child, or the parent of an alien child must have been battered or subjected to extreme cruelty by a spouse, parent, or other member of the family living in the same household as the alien, and in the case of an alien whose child is abused, the alien did not participate in the abuse, AND

  2. b. 

    there is a substantial connection between the abuse and the need for the benefits sought, AND

  3. c. 

    the abusive act(s) must have taken place while the alien was in the United States, but the battered alien must not be currently residing with the batterer, AND

  4. d. 

    the Department of Homeland Security (DHS) or the Executive Office for Immigration Review (EOIR) has approved the alien's petition, or has found that the alien's pending petition sets forth a prima facie case, under one of the provisions of the Immigration and Naturalization Act (INA) listed under SI 00502.116B.2.

2. Immigration Statuses Required For Eligibility

  1. a. 

    Status as an Immediate Relative of a U.S. Citizen under section 204(a)(1)(A)(i) of the INA based on a petition filed by a U.S. citizen for their spouse or child, OR

  2. b. 

    Status as an Immediate Relative of a U.S. Citizen under section 204(a)(1)(A)(ii) of the INA based on a petition filed by a widow(er) of a U.S. citizen to whom the alien had been married for at least 2 years at the time of the citizen's death, OR

  3. c. 

    Status as an Immediate Relative of a U.S. Citizen under section 204(a)(1)(A)(iii) of the INA based on a petition filed by an alien spouse of a U.S. citizen with whom they have resided in the U.S., and the alien or a child of the alien has been battered or subjected to extreme cruelty by the citizen spouse, OR

  4. d. 

    Status as an Immediate Relative of a U.S. Citizen under section 204(a)(1)(A)(iv) of the INA based on a petition filed by a child of a U.S. citizen with whom they resided in the U.S., and who were subjected to battery or extreme cruelty by such parent during the period of residence, OR

  5. e. 

    Classification to Immigrant Status as the Spouse or Child of a lawfully admitted for permanent residence (LAPR) alien under section 204(a)(1)(B)(i) of the INA based on a petition filed by a LAPR for their spouse or child, OR

  6. f. 

    Classification to Immigrant Status as the Spouse of a LAPR Alien under section 204(a)(1)(B)(ii) of the INA based on a petition filed by the alien spouse of the LAPR alien with whom they have resided in the U.S., and the alien or a child of the alien have been subjected to battery or extreme cruelty by the LAPR alien with whom they have resided in the U.S., OR

  7. g. 

    Classification to Immigrant Status as the Child of a LAPR Alien under section 204(a)(1)(B)(iii) of the INA based on a petition filed by the child of the LAPR alien with whom they resided in the U.S., and the alien child had been subjected to battery or extreme cruelty by the LAPR alien, OR

  8. h. 

    Suspension of Deportation and Adjustment to LAPR status under section 244(a)(3) of the INA as in effect prior to 4/1/97, based on a petition filed by an alien who has been a continuous U.S. resident for at least 3 years, and who (or whose child) has been subjected to battery or extreme cruelty by a spouse or parent who is a U.S. citizen/LAPR alien, OR

  9. i. 

    Cancellation of Removal and Adjustment to LAPR Status under section 240A(b)(2) of the INA, based on a petition filed by an alien who has been a continuous U.S. resident for at least 3 years, and who has been subjected to battery or extreme cruelty by a spouse or parent who is a U.S. citizen or LAPR alien.

    NOTE: Alien claimants who have filed a petition under SI 00502.116B.2.c., SI 00502.116B.2.d., and SI 00502.116B.2.f. through SI 00502.116B.2.i. (i.e., self-petition cases) may be considered "deemed qualified aliens" based on battery or extreme cruelty if they have been granted a prima facie determination from DHS or EOIR, as applicable, and meet all other requirements.

3. SSI Eligible Exception Categories of Battered Aliens

Alien claimants who are “deemed qualified aliens” based solely on battery or extreme cruelty may be eligible for SSI if, in addition to meeting the other SSI eligibility requirements, they also meet one of the following categories:

  1. a. 

    Veteran (SI 00502.140C).

  2. b. 

    Active duty military (SI 00502.140D).

  3. c. 

    Spouse of a veteran or active duty military personnel

     (SI 00502.140E.1.).

  4. d. 

    Child of a veteran or active duty military personnel

     (SI 00502.140E.2.).

  5. e. 

    Aliens who are blind or disabled and were lawfully residing in the U.S. on 8/22/96 (SI 00502.142B).

C. Policy - Battered Aliens

1. Battered or Subjected to Extreme Cruelty

The alien claimant, the alien claimant's child, or the alien claimant's parent, must be determined to have been battered or subjected to extreme cruelty while residing in the U.S. in one of the following categories (see RS 00204.020C.5.g. for eligible alien statuses):

Alien Claimant:

Subject to Battery Cruelty by:

Who has been battered/subjected to extreme cruelty

or member of spouse or parent's family (SI 00502.116D.3.) living in the same household and the spouse or parent consented to, or acquiesced in, such battery or extreme cruelty

Whose child has been battered/subjected to extreme cruelty

Spouse or parent of the alien claimant, or member of spouse or parent's family (SI 00502.116D.3.) living in the same household and the spouse or parent consented to or acquiesced in such battery or cruelty and the alien claimant did not actively participate in the abuse or cruelty

Who is a child and resides in the same household as a parent who has been battered/subjected to extreme cruelty

Parent's spouse or member of spouse's family (SI 00502.116D.3.) living in the same household and the spouse consented to or acquiesced in such battery or extreme cruelty

2. Substantial Connection Between Battery and Need for Benefits

In order to be a “deemed qualified alien” based solely on battery or extreme cruelty, SSA must determine that there is a substantial connection between the battery or extreme cruelty and the need for benefits.

a. Battered Alien Claimant

The requirement will not be satisfied solely by a determination that an applicant has been subjected to battery or extreme cruelty. ANY of the following circumstances may be considered to determine whether a substantial connection exists and they are when benefits are needed:

  • •

    to enable the individual to become self-sufficient following separation from the abuser;

  • •

    to escape the abuser or to ensure the safety of the individual;

  • •

    to replace the loss of financial support that occurred when the individual separated from the abuser;

  • •

    to replace the financial support resulting from the loss of a job, or work absences or lower job performance, or work absences to attend legal proceedings relating to the abuse that resulted when the individual separated from the abuser and was in fear of their personal safety;

  • •

    to obtain medical attention or mental health counseling caused by the abuse;

  • •

    to recover from the loss of a dwelling or source of income, or fear of the abuser following separation from the abuser which jeopardizes the individual's ability to care for their children (e.g., inability to house, feed, or clothe children or to put children into a day care for fear of being found by the abuser);

  • •

    to alleviate nutritional risk or need;

  • •

    to provide medical care during a pregnancy resulting from the abuser's sexual assault or abuse of, or relationship with, the individual;

  • •

    to replace medical coverage and/or health care services lost when the individual separated from the abuser.

    THIS LIST IS NOT INTENDED TO BE ALL-INCLUSIVE. THERE MAY BE OTHER CIRCUMSTANCES WHICH COULD BE CONSIDERED REASONABLE FOR DETERMINING THAT THIS REQUIREMENT IS MET.

b. Alien Claimant Whose Child or Parent Has Been Battered

In cases where the alien claimant's child or the alien claimant's parent has been battered, the alien claimant and the battered individual must BOTH be residing in the same household apart from the batterer. Unless there is reason to believe otherwise, assume that since the alien claimant is no longer living with the abuser and is filing for benefits, there is a need for benefits in order for the alien claimant and their child or parent to continue living independent of the batterer.

3. Battered Individual No Longer Resides in the Same Household With the Batterer

In order to be a “deemed qualified alien” based on battery or extreme cruelty, the battered individual (i.e., alien claimant, alien claimant's child, alien claimant's parent) must no longer be physically residing in the same household as the individual responsible for the battery or extreme cruelty. We will provide referrals for any battered alien seeking assistance in establishing a separate residence from the batterer. Claimants will generally need the assurance of the availability of benefits in order to be able to leave the batterer and survive independently. If eligible, benefits are payable the month following establishment of a separate residence. If the battered individual resumes living with the batterer, benefits are suspended the month after the month in which they resume living together.

4. Alien Claimant Did Not Actively Participate in the Abuse

In the case of an alien claimant whose child has been battered or subjected to extreme cruelty, the alien claimant must not have actively participated in the battery or extreme cruelty.

D. Definitions

1. Battery or Extreme Cruelty

Any act or threatened act of violence, including any forceful detention, which results in, or threatens to result in, physical or mental injury.

NOTE: Psychological or sexual abuse or exploitation, including rape, molestation, incest (if the victim is a minor), or forced prostitution are considered acts of violence.

IMPORTANT: This definition is not an exhaustive list of acts of violence that constitute battery or extreme cruelty. Other abusive actions may also be considered acts of violence. The acts mentioned in the definition in SI 00502.116D.1., and other non enumerated abusive actions should be regarded as acts of violence whenever they occur, so long as one or more of the acts takes place in the U.S. and while the family relationship between the batterer and the battered individual exists.

2. Executive Office of Immigration Review (EOIR)

The office in the Department of Justice that oversees the Board of Immigration Appeals.

3. Member of the Spouse's or Parent's Family

Any person related by blood, marriage, or adoption to the spouse or parent of the alien claimant, or any person having a relationship to the spouse or parent that is covered by the civil or criminal domestic violence statutes of the State or Indian lands where the alien claimant resides, or the State or Indian lands in which the alien claimant, the alien claimant's child, or the alien claimant's parent received a protection order.

NOTE: The family member must reside in the same household as the alien or the alien's parent at the time of the battery and at the time the alien claimant files a petition or application with the DHS or the EOIR.

4. Prima Facie Determination

An interim determination. The DHS or the EOIR can make an interim or prima facie determination of alien status for certain individuals who self-petition for immigration status as listed in SI 00502.116B.2. A prima facie determination by the DHS will be made only after a self-petition (see Note at the end of SI 00502.116B.2.) has been filed with the DHS. This determination will be made usually within 3 weeks of filing of the self-petition. By the end of the 3 weeks, DHS will mail the alien claimant an approval notice, a notice of prima facie determination, or a request for additional documentation. An DHS notice of prima facie determination will expire upon issuance of a final decision by the DHS or 150 days after issuance, whichever is earlier.

An EOIR prima facie determination will expire upon the date of the alien claimant's hearing on the merits of their case, or if made by the Board of Immigration Appeals (BIA), upon issuance of the Board's decision on the appeal. The alien claimant is eligible for benefits until the date of the hearing or until the final determination has been made by the BIA.

E. Procedure - Battery and Extreme Cruelty

1. When to Develop Battery or Extreme Cruelty in SSI Cases

If the alien claimant alleges that they, their child or if a child, their parent have been battered in the U.S. but do not present an DHS document listed in SI 00502.116F.1., take the following steps:

STEP 1:

DETERMINE if the alien claimant is otherwise potentially eligible in another alien category (e.g., LAPR with 40 qualifying quarters (QQs), nonqualified grandfathered alien). If not, go to step 2.

STEP 2:

DETERMINE if the alien claimant meets the veteran or active duty military status requirement; OR is blind or disabled and was lawfully residing in the U.S. on 8/22/96. If not, the claimant is ineligible. If yes, go to step 3.

STEP 3:

DETERMINE if the alien claimant is the spouse, widow, child or parent of a child of a U.S. citizen or LAPR alien. If not, the claimant is ineligible. If yes, go to step 4.

STEP 4:

ASK the alien claimant if they, their child, or their parent have been subjected to battery or extreme cruelty by a family member while in the U.S. If yes, develop based on instructions in this section.

NOTE: DO NOT DEFER development of battery or alien status pending receipt of a disability determination.

2. Documentation Proving Battery or Extreme Cruelty

If the alien claimant presents DHS documentation listed in the tables in SI 00502.116F.3.a., item 3 and item 4, and SI 00502.116F.3.b., item 1 and item 2 which establishes battery, PROCEED to SI 00502.116E.3.

a. Alien Claimant With Court Order Based on Battery

A protection order or copy of a court record indicating criminal conviction against the batterer who is the spouse, parent, or a member of the spouse's or parent's family who resided in the same household as the battered individual (and alien claimant, if they are separate individuals) satisfies the battery or extreme cruelty requirement for alien claimants in the following situations:

  • •

    A protection order has been issued against the batterer of the alien claimant, the alien claimant's child or the alien claimant's parent; or

  • •

    A copy of the verdict and the judgment or sentence against the batterer committing an act of violence against the alien claimant, the alien claimant's child or the alien claimant's parent.

b. All Other Alien Claimants

Alien claimants not meeting the requirements in SI 00502.116E.2.a. must provide evidence of abuse. CONSIDER any credible evidence offered by the alien claimant. Evidence of battery or extreme cruelty includes, but is 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 services agency personnel;

  • •

    Evidence that indicates that the alien claimant, the alien claimant's child or the alien claimant's parent sought safe haven in a shelter for battered individuals or similar refuge because of the battery against the alien claimant, the alien claimant's child or the alien claimant's parent; OR

  • •

    Photographs of the visibly injured alien claimant, alien claimant's child, or alien claimant's parent supported by a statement, submitted on a Form SSA-795, from the battered individual.

NOTE: An alien claimant may also submit their statement as well as statements from family members, friends or other third parties who have personal knowledge of the battery or cruelty. The statement should be submitted on an SSA-795 form. You have the discretion to conclude that the statement is credible, and, by itself or in conjunction with other evidence, provides enough relevant evidence to demonstrate battery or extreme cruelty.

KEEP a copy of all evidence presented by the alien claimant.

c. Alien Claimant Whose Child Has Been Battered

In cases where an alien claimant's child has been battered, the alien claimant must submit their statement indicating that the alien claimant did not actively participate in the battery or extreme cruelty. The statement should be submitted over the claimant's signature, e.g., on an SSA-795.

3. Substantial Connection Between Battery and Need for Benefits

a. Battered Alien Claimant

In order to be considered a “deemed qualified alien,” a determination must be made that there is a substantial connection between the battery or extreme cruelty and the need for benefits.

For title XVI claims, generally, the filing of a claim for SSI indicates a need for benefits. REVIEW POLICY -- BATTERED ALIENS SI 00502.116C.2.a. for circumstances which indicate such a connection exists. If there is reason to believe that none of these circumstances exist, further development will be needed in order to make a substantial connection determination. DOCUMENT the file as to the nature of the additional development undertaken.

For title II claims, you must document which circumstance establishes the substantial connection between battery or extreme cruelty and the need for benefits. REVIEW SI 00502.116C.2.a. and DOCUMENT the file with the appropriate circumstance. If none of these apply, undertake additional development and DOCUMENT your action.

b. Alien Claimant Whose Parent or Child Has Been Battered

The alien claimant must currently be residing with the battered individual. For the purposes of this provision, interpret "residing with" broadly and accept any reasonable allegations that the alien claimant and battered individual are residing together. TAKE THE FOLLOWING ACTIONS:

  • •

    OBTAIN a statement from the alien claimant about whether the alien claimant and the battered individual are currently residing together.

  • •

    ACCEPT the alien claimant's statement as proof of "residing with." The statement should be submitted over the claimant's signature, e.g., on an SSA-795.

  • •

    INSTRUCT the alien claimant that benefits will be suspended if the alien claimant resumes residing with the batterer or stops residing with the battered individual.

F. Procedure - Development of DHS Status for Battered Aliens

If possible eligibility based on battery is indicated, REQUEST the alien claimant's DHS documents and determine immigration status as follows based on the evidence presented:

1. Alien Claimant Presents DHS or EOIR Documents

  • •

    Alien claimant has documents which establish an appropriate DHS status for eligibility based on battery.

    (i) Approval from DHS or EOIR

    (ii) Prima facie case established

    • –

      DHS Form I-797 indicating prima facie determination (see table at SI 00502.116F.3.b., item 1); OR

    • –

      Order of Immigration Judge or Board of Immigration Appeals indicating prima facie determination (see table in SI 00502.116F.3.b., item 2).

    • •

      Alien claimant's documents do not establish an appropriate DHS status for eligibility based on battery- petition filed, no evidence of approval or prima facie determination (see table in SI 00502.116F.3.c.); OR

    • •

      Alien claimant has documents which indicate DHS has initiated deportation or removal proceedings (see table in SI 00502.116F.3.d.).

2. Alien Claimant Has No DHS or EOIR Documents

  • •

    Alien claimant alleges having petitioned for an DHS status (see table in SI 00502.116F.3.e.); OR

3. Table - Development of Alien Status - Battery or Extreme Cruelty

COMPARE the DHS/EOIR evidence submitted by the alien claimant to the documents described in the first column of the table, beginning with the section appropriate to the status alleged.

SI 00502.116M., Exhibits 3 and 4, illustrate DHS Form I-797. The DHS Form I-797 is a multi-use form. To be eligible for benefits based on extreme cruelty or battery, the Case Type, Notice Type and Section, which are located in the top right corner of the form, must have the following:

  • •

    Case Type - I-360, Petition For Amerasian, Widow, or Special Immigrant, or I-130, Immigrant Petition for Relative, Fiance(e), or Orphan

  • •

    Notice Type - Approval Notice. For cases where a prima facie determination has been granted, there will not be a Notice Type section. Instead, refer to the body of the form to establish that the prima facie determination is valid.

  • •

    Section - Spouse of U.S. Citizen or LAPR, Unmarried Child Under 21 of U.S. Citizen or LAPR, Unmarried Child Over 21 of LAPR, or Self-petitioning Spouse or Child of Abusive U.S. Citizen or LAPR, or Widow(er) of a U.S. Citizen to whom the alien had been married for at least 2 years at the time of the citizen's death.

    NOTE: If the document presented as evidence of immigration status appears questionable, VERIFY status with DHS or EOIR, as appropriate, before making a determination on eligibility. Examples of an order of an immigration judge granting suspension of deportation under section 244(a)(3) of the INA as in effect prior to 4/1/97 or cancellation of removal under section 240A(b)(2) of the INA (or prima facie case under either section) vary widely in appearance. In addition, court orders based on other sections of the INA that do not establish eligibility also utilize the same forms or format. VERIFY status with EOIR if a court order does not use the appropriate terminology and INA citations unless it clearly shows the individual is ineligible.

a. Approved Petition

EVIDENCE

CATEGORY

ACTION

1.

DHS Form I-797 indicating:

Case Type: I-130 Immigrant Petition for Relative, Fiance(e), or Orphan

Notice Type: Approval Notice

Section: "Husband or wife of U.S. citizen (or LAPRs), or "Unmarried children under 21 of U.S. citizens (or LAPRs)", or "Unmarried children over 21 of LAPRs"

Sec. 204(a)(1)(A)(i) or

Sec. 204(a)(1)(B)(i)

1. VERIFY ABUSE IN U.S. (SI 00502.116E.2.)

2. VERIFY NOT RESIDING WITH ABUSER.     (SI 00502.116G.)

2.

DHS Form I-797 indicating:

Case Type: I-360

Notice Type: Approval Notice

Section: Widow(er) of U.S. citizen to whom the alien had been married for at least 2 years at the time of the citizen's death

Sec. 204(a)(1)(A)(ii)

1. VERIFY ABUSE IN U.S. (SI 00502.116E.2.e.)

2. VERIFY NOT RESIDING WITH ABUSER.     (SI 00502.116G.)

3.

DHS Form I-797 indicating:

Case Type: I-360

Notice Type: Approval Notice

Section: Self-petitioning spouse or child of abusive U.S. citizen or LAPR

Sec. 204(a)(1)(A)(iii) or

Sec. 204(a)(1)(B)(ii) or

Sec. 204(a)(1)(A)(iv) or

Sec. 204(a)(1)(B)(iii)

VERIFY NOT RESIDING WITH ABUSER.

(SI 00502.116G.)

4.

Final Order of Immigration Judge or Board of Immigration Appeals granting suspension of deportation under sec. 244(a)(3) as in effect prior to 4/1/97 or cancellation of removal under sec. 240A(b)(2)

Sec. 244(a)(3) (before 4/1/97)

or

Sec. 240A(b)(2)

1. If the order does not show under which INA provision relief was granted, VERIFY THROUGH EOIR. (SI 00502.116F.4.)

2. VERIFY NOT RESIDING WITH ABUSER. (SI 00502.116G.)

b. Prima Facie Case Established

EVIDENCE

CATEGORY

ACTION

1.

DHS Form I-797 indicating:

Case Type: I-360, Petition for Amerasian, Widow, or Special Immigrant

Section: Self-petitioning spouse or child of abusive U.S. citizen or LAPR

Body Of Notice: "THIS PRIMA FACIE DETERMINATION IS VALID FOR A PERIOD OF 150 DAYS FROM THE NOTICE DATE SHOWN ABOVE, AND EXPIRES ON THE DATE INDICATED AT THE BOTTOM OF THE PAGE"

Sec. 204(a)(1)(A)(iii) or

Sec. 204(a)(1)(B)(ii) or

Sec. 204(a)(1)(A)(iv) or

Sec. 204(a)(1)(B)(iii)

VERIFY NOT RESIDING WITH ABUSER. (SI 00502.116G.)

2.

Immigration Judge or Board of Immigrations Appeals Final Order indicating a prima facie case established for suspension of deportation under sec. 244(a)(3) as in effect prior to 4/1/97 or cancellation of removal under sec. 240A(b)(2)

Sec. 244(a)(3) (before 4/1/97)

or

Sec. 240A(b)(2)

VERIFY NOT RESIDING WITH ABUSER. (SI 00502.116G.)

c. Petition Filed, No Evidence of Prima Facie Case

EVIDENCE

CATEGORY

ACTION

1.

DHS Form I-797 indicating:

Case Type: I-360, Petition for Amerasian, Widow, or Special Immigrant

Notice Type: Receipt Notice

Section: Self-petitioning spouse or child of abusive U.S. citizen or Self-petitioning spouse or child of an abusive LAPR; OR

File-Stamped Copy of I-360 Petition for classification as “Self-Petitioning Spouse (or Child) of Abusive U.S. Citizen or Lawful Permanent Resident”; OR

Sec. 204(a)(1)(A)(iii)

or

Sec. 204(a)(1)(B)(ii)

or

Sec. 204(a)(1)(A)(iv)

or

Sec. 204(a)(1)(B)(iii)

1.a. If filed before 6/7/97:

REQUEST DHS EXPEDITE PROCESSING OF PETITION OR MAKE A PRIMA FACIE DETERMINATION

(SI 00502.116F.4.)

1.b. If filed after 6/6/97:

If three weeks have elapsed since filing of petition, FAX DHS FOR DETERMINATION OF STATUS

 (SI 00502.116F.4.)

2. VERIFY NOT RESIDING WITH ABUSER

 (SI 00502.116G.)

Cash register or computer-generated receipt indicating filing of Form I-360 dated before 6/7/97; OR

Copy of I-360 petition for classification as “Self-Petitioning Spouse (or Child) of Abusive U.S. Citizen or Lawful Permanent Resident” and proof of mailing dated after 6/6/97

 ​ ​

2.

DHS Form I-797 indicating:

Case Type: I-130, Immigrant Petition for Relative, Fiance(e), or Orphan

Notice Type: Receipt Notice

Section: "Husband or wife of U.S. citizen (or LAPRs)," or "Unmarried children under 21 of U.S. citizens (or LAPRs)", or "Unmarried children over 21 of LAPRs"

OR

File-stamped Copy of I-130 OR

Cash register or computer-generated receipt indicating filing of I-130

Sec. 204(a)(1)(A)(i) or

Sec. 204(a)(1)(B)(i)

1. VERIFY ABUSE IN U.S. (SI 00502.116E.2.)

2. VERIFY NOT RESIDING WITH THE     ABUSER. (SI 00502.116G.)

3. REQUEST DHS EXPEDITE PROCESSING     OF PETITION. (SI 00502.116F.4.)

3.

DHS Form I-797 indicating:

Case Type: I-360, Petition for Amerasian, Widow, or Special Immigrant

Notice Type: Receipt Notice

Section: Widow of a U.S. citizen to whom the alien had been married for at least 2 years at the time of the citizen's death; OR

File-stamped Copy of I-360 for Widow of a U.S. citizen to whom the alien had been married for at least 2 years at the time of the citizen's death; OR

Cash register or computer-generated receipt indicating filing of such I-360

Sec. 204(a)(1)(A)(ii)

1. VERIFY ABUSE IN U.S. (SI 00502.116E.2.)

2. VERIFY NOT RESIDING WITH ABUSER

    (SI 00502.116G.)

3. REQUEST DHS EXPEDITE PROCESSING     OF PETITION  (SI 00502.116F.4.)

d. Deportation/Removal Proceedings

EVIDENCE

CATEGORY

ACTION
  • •

    Order to Show Cause

  • •

    Notice to Appear

  • •

    Notice of Hearing in Deportation Proceedings

In Deportation/Removal Proceedings and alien or child has been battered in the U.S., and has been in the U.S. for at least 3 years

1. INFORM ALIEN THAT THEY CAN FILE WITH EOIR FOR CANCELLATION OF REMOVAL

(SI 00502.116H.3.)

2. DENY CLAIM (denial code N13 in SSI cases). (See RS 00204.040D. to suspend T2 benefits.

e. Alleges Petition Filed

EVIDENCE

CATEGORY

ACTION

Some documentation or certain that petition filed

 ​

FAX DHS FOR A DETERMINATION OF STATUS

(SI 00502.116F.4.)

Uncertain if petition filed

 ​

1. REFER TO DHS & NATIONAL DOMESTIC VIOLENCE HOTLINE

(SI 00502.116H.1. - SI 00502.116H.2.)

2. DENY CLAIM (denial code N13 in SSI cases). (See RS 00204.040D. to suspend T2 benefits.)

f. No Petition, Has Basis To File

EVIDENCE

CATEGORY

ACTION

No petition filed, makes allegation or presents evidence of battery

 ​

1. REFER TO DHS & NATIONAL DOMESTIC VIOLENCE HOTLINE

(SI 00502.116H.1. - SI 00502.116H.2.)

2. DENY CLAIM (denial code N13 in SSI cases). (See RS 00204.040D. to suspend T2 benefits.)

4. Verification of Immigration Status

a. Verification with DHS via the SAVE program

When asking DHS to verify an alien claimant's immigration status:

  • •

    COMPLETE a SAVE verification request form in accordance to established procedures (see SI 00502.115) and INCLUDE a copy of any supporting documents provided by the individual. The request form should be properly completed and submitted with all required information in order for DHS to provide verification information.

  • •

    PROVIDE the requested information at the top of the form and then CHECK the appropriate options for the remainder of the form. ENTER the alien's SSN in the agency case tracking number block.

  • •

    DATE AND SIGN THE FORM.

FORM COMPLETION:

  • •

    Item 1:

CHECK a) if the alien claimant filed an DHS Form I-130 or is a widow(er) and has filed an DHS Form I-360.

CHECK b) if the alien claimant is a battered spouse or child and has filed an DHS Form I-360.

  • •

    Item 2:

CHECK the box that reflects your request:

BOX 1: To verify that the alien claimant's document is valid;

BOX 2: To request a prima facie determination or expedited processing of a petition;

BOX 3: To receive an update of alien claimant's status (This box should only be checked if you have previously sent in a FAX requesting a prima facie determination [Box 2] at least 3 weeks prior to this request.);

BOX 4: To determine if a petition has been filed by the alien claimant or on their behalf, and, if applicable, request a prima facie determination or expedited adjudication of a petition.

DATE AND SIGN THE FORM.

  • •

    PART A

Step 1:

Check YES if you checked a) in Item 1 and attach a copy of the I-797 to the fax. DO NOT COMPLETE STEP 2.

Check NO if you checked b) in Item 1 and proceed to Step 2.

Step 2:

FILL IN the information only if there is no Form I-797.

  • •

    PART B

Step 1:

FILL IN the information if you checked b) and the alien claimant's receipt notice (or other documentation) does not contain the information shown in this part.

ATTACH all documentation showing that an DHS Form I-360 has been filed (SI 00502.116F.3.c., item 1).

FAX the request form to DHS.

b. Verification with EOIR

When asking EOIR to verify an alien claimant's immigration status, SUBMIT a verification request form (see SI 00502.116M., Exhibit 2). The request form should be replicated on field office letterhead in order for EOIR to provide verification information. INCLUDE a copy of any supporting documents provided by the individual. FAX the form to the office of the appropriate immigration court (a list of immigration courts and their addresses, FAX and telephone numbers are included in SI 00502.116M., Exhibit 5).

FORM COMPLETION:

  • •

    Item 1:

CHECK the appropriate blank.

CHECK THE FIRST BLANK if the alien presents a green card.

CHECK THE SECOND BLANK if the alien presents a final order from an immigration judge granting suspension of deportation and adjustment to LAPR status under section 244 (a)(3) of the INA as in effect prior to 4/1/97 or section 240A(b)(2) of the INA.

CHECK THE THIRD BLANK if the alien presents an approval notice, a notice of prima facie determination issued by DHS or EOIR, or a request for additional documentation.

NOTE: See SI 00502.116F.3. Note, for guidance in reviewing these forms.

  • •

    Item 2:

FILL OUT Item 2 only if you checked the last blank in Item 1.

ATTACH a copy of any other documentation.

FAX to the appropriate EOIR court.

DATE AND SIGN THE FORM.

G. Procedure - Battered Individual Residing in the Same Household With the Batterer

DETERMINE if the battered individual physically resides in the same household as the batterer (SI 00502.116C.3.).

1. Applicant living with the batterer

If the applicant is living with the batterer, follow these steps:

STEP 1:

Wherever possible, COMPLETE the determination of other eligibility factors pending demonstration that the alien, their child, or their parent have separated from the batterer.

STEP 2:

EXPLAIN to the applicant that they must find a separate residence from the batterer to be eligible for SSI benefits and that benefits will cease if the applicant resumes living with the batterer.

STEP 3:

REFER the applicant for assistance in establishing a separate residence from the batter (SI 00502.116H.).

STEP 4:

INFORM the applicant that SSA will give them 30 days to provide evidence of not living with the batterer. DIARY the claim for 30 days.

STEP 5:

If evidence of a change of address is not submitted within 30 days, DENY the claim based on the failure to meet “deemed qualified alien” status.

2. Applicant not living with batterer

If the applicant is no longer living with the batterer, follow these steps:

STEP 1:

EXPLAIN that benefits will cease if the applicant resumes living with the batterer

STEP 2:

DOCUMENT the file with evidence supporting the claim of not residing with the batterer

3. Evidence of no longer living with the batterer

Evidence includes, but is not limited to, any of the following:

  • •

    Civil Protection Orders requiring the batterer to stay away from the battered individual, or evicting the batterer from the battered individual's residence;

  • •

    Employment Records of the alien claimant, the alien claimant's child, or claimant's parent;

  • •

    Utility Receipts in the alien claimant or alien claimant's parents name;

  • •

    School Records of the alien claimant or alien claimant's child;

  • •

    Rental Records or records from a building or property manager in the alien claimant or alien claimant's parents name;

  • •

    Signed Statements from a staff member at a shelter for battered individuals or homeless persons, family members, friends or other third parties with personal knowledge, or from the battered individual; or

  • •

    Any other records establishing that the battered individual no longer resides with the abusive spouse, parent, or family member.

H. Procedure - Referrals for Assistance

Many of the alien claimants seeking assistance under this provision will need assistance on various matters relating to both their immigration status and domestic violence-related concerns.

1. DHS Forms Request Line

Alien claimants who are eligible to self-petition under the Violence Against Women Act, but have yet to do so, may request an DHS Form I-360 and filing instructions. DIRECT the alien claimant to the DHS forms request line (1-800-870-3676).

2. National Domestic Violence Hotline

REFER all abused alien claimants to the National Domestic Violence Hotline (1-800-799-7233) so they can obtain assistance from a local domestic violence service provider and referrals to immigration attorneys.

3. Alien in Deportation/Removal Proceedings

If an alien claimant or alien claimant's child who is in deportation or removal proceedings has been battered or subjected to extreme cruelty in the United States by a spouse or parent who is a U.S. citizen or LAPR, and the alien claimant or alien claimant's child has been present in the U.S. for at least 3 years, they may file an application with EOIR requesting suspension of deportation or cancellation of removal, as applicable.

REFER the alien claimant to the appropriate immigration court according to SI 00502.116M, Exhibit 5, and DENY the claim using denial code N13 in SSI cases. (See RS 00204.040D to suspend T2 benefits.)

INFORM the alien claimant that, upon filing the application with EOIR, they may ask the court to make a prima facie evaluation of the application and that, if the court issues a prima facie determination, they should return to the office to file a claim for benefits based on battery and extreme cruelty (SI 00502.116F.3.d.).

I. Postentitlement/Eligibility--Verification of Eligibility Based on Battery or Extreme Cruelty

ESTABLISH an AT diary on all SSI alien records eligible based on battery or extreme cruelty.

1. Prima Facie Cases

a. Alien Claimant is Eligible for Benefits Based on DHS or EOIR Prima Facie Determination

DIARY the record for 150 days from the date the prima facie determination was made. The alien claimant should have an DHS Form I-797 approval notice or a final order from an immigration judge or Board of Immigration Appeals granting suspension of deportation under section 244(a)(3) of the INA or cancellation of removal under section 240A(b)(2) of the INA (SI 00502.116F.1.a.(ii)).

b. Alien Claimant's Prima Facie Determination Was Approved

DIARY the case annually thereafter until the alien claimant is granted LAPR status (SI 00502.116I.2.). If not approved, see SI 00502.116K.1.a.

2. Approved Petition Case

TAKE THE FOLLOWING ACTIONS for all approved petition cases:

  • •

    DIARY the record 1 year from the date the award is input, and at 1-year intervals thereafter until LAPR status is granted to determine if alien claimant's immigration status has changed.

  • •

    REQUEST alien claimant's current DHS documents.

  • •

    IF ALIEN CLAIMANT PRESENTS DHS FORM I-551: FOLLOW normal verification procedure (see SI 00502.115).

  • •

    IF ALIEN CLAIMANT DOES NOT HAVE AN DHS FORM I-551, VERIFY:

    • –

      immigration status with DHS Vermont Service Center (SI 00502.116F.4.), AND

    • –

      that the alien claimant (and the battered individual if they are separate individuals) has not resumed living with the person responsible for the battery.

  • •

    IF ALIEN STATUS HAS CHANGED, UPDATE change in alien eligibility (SI 00502.116J. and SI 00502.116K.).

J. Systems Processing Instructions for Alien Battery Cases

1. Background

Until further changes are made to the system, SSI eligibility based on battery is coded differently on the Supplemental Security Record (SSR) and in MSSICS.

2. Initial SSI Claim Awards

a. MSSICS

  • •

    IF ALIEN STATUS IS VERIFIED as being a “deemed qualified alien” based on battery, CODE a "Z" in the ALIEN STATUS field and ENTER a "Y" in the BATTERY PETITION FILED field.

  • •

    ENTER the appropriate exception code. For military exceptions, enter 4, 5, or 6, as appropriate. If the disability exemption is met, MAKE CERTAIN that the Disability Clearance page is completed with an established onset date and the proper multi-category code if the claimant is an aged disabled alien.

b. Non-MSSICS

If the battery requirements are met, CODE a "Z" in the citizenship/alien (AR) field. ENTER the appropriate exception code in the AQ field on the SSR.

3. Initial Title II Claims

PROCESS the title II claim following the procedure ALIEN NEEDS REVERIFICATION in RS 00204.040C. DETERMINE the expiration of status date for the month of suspension following instructions in SI 00502.116I.

4. Posteligibility

a. Change from “Deemed Qualified Alien” status to a Qualified Alien Status

  • •

    An alien can receive benefits based on battery only while in one of the immigration categories listed in SI 00502.116B.2.

  • •

    If the alien's immigration category (see SI 00502.116B.2. for categories) changes, UPDATE the AR code to reflect the new status. Eligibility will continue if the alien adjusts to a qualified alien status and still meets an exception. DOCUMENT the change of the old AR code to the updated AR code in the "REMARKS" field of the SSR.

b. Loss of “Deemed Qualified Alien” Status Based on Battery

  • •

    Until further changes can be made in systems processing, if an alien loses battered alien status (SI 00502.116K.1.), PROCESS the suspension as follows:

  • •

    MSSICS PROCESSING

    This is a MSSICS limitation. UPDATE the AR code to "2" via a PR-9 input. DOCUMENT the change of the old AR code to the updated AR in the "REMARKS" field and GENERATE a N13 denial via 1719B input.

  • •

    PROCESSING OUTSIDE OF MSSICS

    UPDATE the AR code to "2" via a PR-9 input. DOCUMENT the change of the old AR code to the updated AR in the "REMARKS" field and GENERATE a N13 denial via 1719B input.

c. Loss of Eligibility Based on Exception No Longer Met

IN TITLE XVI CLAIMS ONLY, until further changes can be made in systems processing, if one of the exception categories in SI 00502.116B.3. are no longer met, PROCESS the suspension as follows:

  • •

    MSSICS PROCESSING

    This is a MSSICS limitation. DELETE the exception code via a PR-9 input. ANNOTATE the "Remarks" field and GENERATE a N13 via 1719B input.

  • •

    PROCESSING OUTSIDE OF MSSICS

    DELETE the exception code via a PR-9 input. ANNOTATE the "REMARKS" field and GENERATE a N13 via 1719B input.

K. Posteligibility

1. Events Causing Loss of Status as a Battered Alien

Eligibility of an alien claimant based on battery will end if any of the following occur:

  • •

    A change in alien status may result in loss of “deemed qualified alien” status. This may include failure by DHS or EOIR to approve a petition for status where eligibility was based on a prima facie determination by DHS or EOIR. (Also see SI 00502.116J.2.a. for expiration of prima facie determination.) See SI 00502.100A.6.

  • •

    The battered individual resumes residing with the batterer. (See SI 00502.116C.3.)

    SUSPEND SSI benefits N13 effective the first full calendar month following the month the individual resumes living with the batterer.

    NOTE: Before suspending benefits, make sure that the alien claimant has not adjusted to LAPR or other qualified alien status.

  • •

    The alien claimant resumes residing with the batterer or stops residing with the battered individual. (See SI 00502.116E.3.b.)

FOR TITLE XVI CLAIMS, SUSPEND SSI benefits N13 effective the first full calendar month following the month the individual resumes living with the batterer.

NOTE: Before suspending benefits, make sure that the alien claimant has not adjusted to LAPR or other qualified alien status.

2. Change in Marital Status of Widow(er)

If a widow(er) was found eligible for benefits based on battery and reports that

they have remarried (SI 02301.005):

  • •

    ACCEPT the individual's allegation of marriage unless the conditions in SI 00501.150C. exist.

    NOTE: If the new spouse is an SSI recipient, conduct an unscheduled redetermination per SI 02305.022 and convert both individuals to members of a couple per SI 00501.154.

  • •

    DOCUMENT the following information on an SSA-795 (or if a redetermination is required, the "Remarks" section of an SSA-8203-BK) or the appropriate MSSICS screens:

    • –

      the type of event (i.e., the marriage);

    • –

      the date of the marriage;

    • –

      changes in countable income and resources, including the amount deemed to the recipient.

  • •

    CONSIDER the alien claimant's potential entitlement for other benefits.

  • •

    REVERIFY the alien claimant's immigration status with the DHS Vermont Service Center (SI 00502.116F.4.a.).

    • –

      On the DHS Request Form, CHECK b) on Item 1 and the first box under Item 2.

    • –

      ATTACH a file-stamped copy of the claimant's DHS I-360 petition.

3. Change of Address

If alien claimant reports change of address, REVERIFY that the alien claimant (and the battered individual if not the same person) is physically living apart from the batterer.

L. References

M. Exhibits

Exhibit 1 - FAX Request Form - From Benefit Agency to DHS

Exhibit 2 - FAX Request Form - From Benefit Agency to EOIR

Exhibit 3 - DHS Form I-797 with Case Type I-130

Exhibit 4 - DHS Form I-797 with Case Type I-360

Exhibit 5 - Executive Office for Immigration Review - Immigration Courts

Exhibit 1 – FAX Request Form – From Benefit Agency to DHS

[sample only-request to be submitted on letterhead of requesting agency]

FAX Request Form - From Benefit Agency to DHS

To DHS Vermont Service Center fax 802/527-3159

Attn: Battered Alien Review Unit This FAX consists of ___ pages

This request is being submitted by:

Name (printed): ______________________________ Title:_____________________________

Agency name and address:_____________________________________________________ _____________________________________________________________________

Fax Number: ______________________ Phone number: ____________________

Agency case tracking number: _____________________(optional)

Item 1: An alien applicant is seeking public benefits from the agency identified above, pursuant to recent welfare reform legislation. This applicant falls into one of two categories:

__ a)

believes an DHS Form I-130, Petition for Immigrant Status, was filed on the applicant's behalf by their spouse or parent; or has self-petitioned as a widow(er) using DHS Form I-360, Petition for Amerasian, Widow or Special Immigrant (complete Part A below);

OR

__ b)

has self-petitioned as a battered spouse or child using DHS Form I-360, Petition for Amerasian, Widow or Special Immigrant (complete Part B below).

Item 2: The above-referenced agency requests that DHS: (please check only one)

Ä

Verify that the attached document is valid. A copy of the I-797 approval notice, prima facie determination or receipt notice is attached.

Ä

Make a prima facie determination or expedite adjudication of the petition and notify the requesting agency of the outcome.

Ä

Update the status of the requesting agency's ___________ (insert date) request for a prima facie determination or expedited adjudication. (Requesting agency should allow three weeks from the request for a prima facie determination or filing of a petition before making this request.)

Ä

Determine whether the applicant has filed a petition or whether a petition has been filed on their behalf under (a) or (b) as indicated above. If so please make a prima facie determination or expedited adjudication of the applicant's petition and notify the requesting agency of the outcome.

Date: __________________ Agency Signature: ___________________________________

DHS Request Form - page 1 of 3

PART A: For an Applicant Who Is the Beneficiary of a Petition Filed by Spouse or Parent or Who Has Self-Petitioned as a Widow(er)

Step 1:

Does the alien applicant have a copy of an DHS Form I-797 indicating that an I-130 was filed on their behalf? [if applicant has self-petitioned as a widow(er), check "No" and proceed to Step 2.]

YES______ fi Attach a copy of the DHS I-797 to this fax (you need not complete Step 2)

NO_______ fi If the applicant has no documentation, or has documentation other than a Form I-797, proceed to Step 2

Step 2:

If the applicant does not have a Form I-797, please fill out the following information. All blanks, except that noted "if available", must be completed.

Benefit Applicant's full name: _________________________________________________

Benefit Applicant's date of birth: ____________________________

Benefit Applicant's best guess as to when petition was filed: _____________(mo/yr)

Benefit Applicant's best guess as to with which DHS office petition was filed: ____________________________________________

Petitioner's full name: _______________________________________________________

Petitioner is Applicant's ____spouse, or ____ parent, or ____self[widow(er)] (check one)

Petitioner is a ____U.S. citizen, or ____lawful permanent resident ("green card holder")

Petitioner's date of birth: ___________________________

Petitioner's Alien Registration Number, if available: ____________________________
​

Petitioner's address at time of filing petition: _____________________________________

(street address, city, state, zip code)________________________________________

DHS Request Form - page 2 of 3

Part B: For an Applicant Who Has Self-Petitioned as a Battered Spouse or Child

Step 1:

Attach a copy of the receipt notice or other documentation evidencing that a Form I-360 has been filed with the DHS. If that documentation does not include the following information, please complete the blanks:

Applicant/self-petitioner's full name: ___________________________________________

Applicant/self-petitioner's date of birth: _________________________________________

Date I-360 was filed: _________________________________________

Location (city) of DHS office where filed: ________________________________________

                                                             DHS Request Form - page 3 of 3

Exhibit 2 FAX Request Form - From Benefit Agency to EOIR

         [sample only-request to be submitted on letterhead of requesting agency]

                      FAX Request Form - From Benefit Agency to EOIR

To: Executive Office for Immigration Review This FAX consists of ___ pages.

Immigration Court: ____________________________(insert name of city/state)

Attn: Court Administrator Fax number: ____________________________

This request is being submitted by:

Name (printed): ______________________________ Title: _____________________________

Agency name and address: _____________________________________________________________________ _____________________________________________________________________

Fax Number: _______________________ Phone number: _______________________

Agency case tracking number (optional): _____________________________

Item 1: The above-referenced requests that EOIR: (please check only one)

___

Verify that the individual referred to on the attached green card (a copy is attached) was granted relief under section 244(a)(3) (as in effect prior to April 1, 1997) or 240A(b)(2) of the Immigration and Nationality Act.

___

Verify that the attached order grants relief under section 244(a)(3) or 240A(b)(2) of the Immigration and Nationality Act.

___

Verify that the EOIR has determined that the alien has demonstrated a prima facie case for suspension of deportation or cancellation of removal under section 244(a)(3) or 240A(b)(2) of the Immigration and Nationality Act.

Item 2: If you checked the last item above, please fill out the following information. If the applicant has a copy of a receipt notice or other documentation indicating that they filed an application for suspension of deportation or cancellation of removal, please attach a copy.

Benefit Applicant's full name: _________________________________________________

Benefit Applicant's date of birth: ____________________________

Benefit Applicant's best guess as to when petition was filed: _____________(mo/yr)

Benefit Applicant's best guess as to with which immigration court petition was filed: ____________________________________________

Benefit Applicant's address at time of filing petition: ____________________________________

(street address, city, state, zip code)__________________________________________

Exhibit 3 DHS Form I-797 with Case Type I-130

Exhibit 3 DHS Form I-797 with Case Type I-130
Exhibit 3 DHS Form I-797 with Case Type I-130 back

Exhibit 4 DHS Form I-797 with Case Type I-360

Exhibit 4 DHS Form I-797 with Case Type I-360
Exhibit 4 DHS Form I-797 with Case Type I-360 back

Exhibit 5 EXECUTIVE OFFICE FOR IMMIGRATION REVIEW - IMMIGRATION COURTS

The following is a list by State of the Immigration Courts for the Executive Office for Immigration Review as of 3/9/99.

STATE

LOCATION-ZIP/ADDRESS/COURT ADM.

PHONE

FAX

ALABAMA

The Atlanta, Georgia office handles Alabama cases.

 ​

ARIZONA

Eloy – 85231

1705 E. Hanna Rd, Suite 366

Court Adm.: John A. Meehan

520/466-3671

520/466-7795
​

Florence – 85232

3260 N. Pinal Parkway Ave.

Court Adm.: Lizbeth Patterson

520/868-3341

520/868-4962
​

Phoenix – 85012

200 East Mitchell Dr., Suite 200

Court Adm.: Lizbeth Patterson

602/640-2747

602/640-2754
​

Tucson - 85701

160 N. Stone Ave., Suite 300

Court Adm.: Corey Graff

520/670-5212

520/670-5240

CALIFORNIA

Imperial - 92251

2409 La Brucherie Road

Court Adm.: David R. Dixon

760/355-0070

760/355-8692
​

Lancaster - 93536

Mira Loma Facility

45100 N. 60th St. West

Court Adm.: Evelyn Diaz Brown

805/942-8633

805/945-9720
​

Los Angeles - 90014

606 S. Olive St., Suite 1500

Court Adm.: Evelyn Diaz Brown

213/894-2811

213-894-5196
​

San Diego - 92101

401 West A Street, Suite 800

Court Adm.: Brent L. Perkins

619/557-6052

619/557-6405
​

San Diego - 92173

Olay Mesa Border Station

2500 Paseo International

Court Adm.: Brent L. Perkins

619/661-3119

619/661-3190

CALIFORNIA

Continued

San Diego - 92188

880 Front Street, Rm. B-269

Court Adm.: Brent L. Perkins

619/557-7647

619/557-7655
​

San Francisco - 94108

550 Kearny, Suite 800

Court Adm.: Stephen P. Perkins

Mailing address:

P.O. Box 2326

San Francisco CA 94166-2326

415/705-4415

415/705-4418
​

San Pedro - 90731

DHS San Pedro Service Proc. Center

2001 Seaside Ave., Room 136

Court Adm.: Evelyn Diaz Brown

310/732-0753

310/732-0757

COLORADO

Aurora - 80010

Wackenhut Security, Inc.

11901 E. 30th Ave.

Court Adm.: Alec Revelle

303/361-0488

303/361-0688
​

Denver - 80202

1001 17th St.

Court Adm.: Alec Revelle

303/844-5815

303/844-4578

CONNECTICUT

Hartford - 06103

AA Ribicoff Building

450 Main Street, Room 509

Court Adm.: vacant

860/240-3919

860/240-3921

FLORIDA

Bradenton - 34205

515 11th Street, West 3rd Floor

Court Adm.: George A. Spreyne

941/749-1044

941/749-0992
​

Miami - 33130

Miami Federal Building

51 S. W. First Ave., Room 224

Court Adm.: Michael T. Ringstad

305/530-6451

305/530-6457

FLORIDA

Continued

Miami - 33130

155 S. Miami Ave., Room 800

Court Adm.: Michael T. Ringstad

Mailing Address:

P.O. Box 01-3581

Miami FL 33101-3581

305/530-6455

305/530-7001
​

Miami - 33194

Krome North Processing Center

18201 S.W. 12th Street

Court Adm.: George A. Spreyne

305/530-7196

305/530-7040
​

Orlando - 32803

5449 S. Semoran Blvd, Suite 200

Court Adm.: George A. Spreyne

407/648-6565

407/648-6911

GEORGIA

Atlanta - 30303

Martin Luther King Jr. Federal Building

77 Forsyth Street, Room 112

Court Adm.: John J. Topp

404/331-7647

404/331-4555

HAWAII

Honolulu - 96850

Prince Kuhio U.S. Courthouse and

Federal Building

300 Ala Moana Blvd., Room 8-112

Court Adm.: Beverly S. Takemoto

808/541-1870

808/541-1864

ILLINOIS

Chicago - 60603-5701

55 East Monroe St., Suite 1900

Court Adm.: Peter P. Pauli IV

312/353-7313

312/353-9894

KENTUCKY

The Chicago, Illinois office handles Kentucky cases.

 ​

LOUISIANA

New Orleans - 70130

One Canal Place

365 Canal Street, Suite 2450

Court Adm.: Melba Bennett

504/589-3992

504/589-3990
​

Oakdale - 71463

1900 East Whatley Road

Court Adm.: Melba Bennett

Mailing Address:

P. O. Box 750

Oakdale LA 71463-0000

318/335-0365

318/335-3187

MARYLAND

Baltimore - 21202

US Appraisers Bldg.

103 S. Gay Street, Room 702

Court Adm.: Brenda N. Cook

410/962-3092

410/962-9021

MASSACHUSETTS

Boston - 02203

JFK Federal Building

15 New Sudbury St., Room 320

Court Adm.: vacant

617/565-3080

617/565-4495

MICHIGAN

Detroit - 48207

Brewery Park II

1155 Brewery Park Blvd.,

Suite 450

Court Adm.: Sandra L. Roberts

313/226-2603

313/226-3053

MINNESOTA

Bloomington - 55425

7850 Metro Parkway, Suite 320

Court Adm.: Peter P. Pauli IV

612/854-6374

612/854-6748

MISSISSIPPI

The New Orleans, Louisiana office handles Mississippi cases.

 ​

NEVADA

Las Vegas - 89120

3365 Pepper Lane, Suite 200

Court Adm.: Lizbeth Patterson

702/458-0227

702/458-0548

NEW JERSEY

Elizabeth - 07201

625 Evans Street, Room 148A

Court Adm.: Fletcher Graves

973/693-4114

973/693-4121
​

Newark - 07102

970 Broad Street, Room 1135

Court Adm.: vacant

973/645-3524

973/645-3732

NEW YORK

Batavia - 14020

4250 Federal Drive, Room F108

Court Adm.: Gary M. Somerville

716/345-4300

716/345-4316
​

Buffalo - 14202

130 Delaware Ave., Suite 410

Court Adm.: Gary M. Somerville

716/551-3442

716/551-3452
​

Fishkill - 12524

Downstate Correctional Facility

Red Schoolhouse Road

Court Adm.: Thomas J. Bonita III

914/831-3657

914/831-5245

NEW YORK

Continued

Jamaica - 11413

Queens Wackenhut Facility

182-22 150th Ave.

Court Adm.: Fletcher Graves

718/995-5323

718/995-5329
​

Napanoch - 12458

Ulster Correctional Facility

Berme Road

Court Adm.: Thomas J. Bonita III

914/647-5506

914/647-5641
​

New York City - 10014

201 Varick Street, Room 1140

Court Adm.: Thomas J. Bonita III

212/620-6279

212/620-6357
​

New York City - 10278

26 Federal Plaza

10th Floor, Room 1000

Court Adm.: Star B. Pacitto

212/264-5958

212/264-1070

NORTH

CAROLINA

The Atlanta, Georgia office handles North Carolina cases.

 ​

OREGON

Portland - 97204

1220 S. W. Third Ave., Suite 218

Court Adm.: Joseph A Neifert

503/326-6341

503/326-2496

PENNSYLVANIA

Philadelphia - 19130

1600 Callowhill St., Suite 400

Court Adm.: R. Elliot Edwards

215/656-7013
​

York - 17402

3434 Concord Road

Court Adm.: Brenda L. Cook

717/755-7555

717/757-0132

PUERTO RICO

Guaynabo (San Juan) - 00965

GSA 651 Federal Drive,

Suite 111-14

Court Adm.: George A. Spreyne

787/749-4386

787/749-4393

SOUTH

CAROLINA

The Atlanta, Georgia office handles South Carolina cases.

 ​

TENNESSEE

Memphis - 38103

Clifford B. Davis Federal Bldg.

167 North Main, Room 1026

Court Adm.: J. Thomas Davis

901/544-3818

901/544-3837

TEXAS

Dallas - 75202

1200 Main Street, Suite 700

Court Adm.: Judy C. Morse

214/767-1814

214/767-6410
​

El Paso - 79901

700 E. San Antonio St., Suite 675

Court Adm.: Theresa N. Baeza

915/534-6020

915/534-6044
​

El Paso - 79925

El Paso Service Processing Center

8915 Montana Avenue

Court Adm.: Theresa N. Baeza

915/225-1904

915/225-1929
​

Harlingen - 78550

201 E. Jackson Street

Court Adm.: Celeste G. Garza

956/427-8580

956/427-8905
​

Houston - 77004

2320 La Branch Street, Room 2235

Court Adm.: Dina P. Sherman

713/718-3870

713/718-3879
​

Houston - 77032

Houston Service Processing Center

15850 Export Plaza Drive

Court Adm.: Dina P. Sherman

281/987-2112

281/987-3142
​

Huntsville - 77340

Goree DHS Facility

3000D Highway 75 South

Court Adm.: Dina P. Sherman

Mailing Address:

P. O. Box 1538

Huntsville TX 77342-1538

409/295-1253

409/295-6510
​

Laredo - 78041

4702 E. Saunders

Court Adm.: Marion Hicks

Mailing Address:

Laredo Service Processing         Center

P.O. Box 440110

Laredo TX 78044-0110

956/727-4772

956/726-2320

TEXAS

Continued

Los Fresnos - 78566

Port Isabel Processing Center

Route 3, Box 341, Bldg. 37

Court Adm.: Celeste G. Garza

Mailing Address:

201 E. Jackson Street

Harlingen TX 78550-000

956/233-4467

956/233-5318
​

San Antonio - 78205-2040

615 E. Houston Street, Room 598

Court Adm.: Marion Hicks

210/472-6637

210/472-4282

VIRGINIA

Arlington - 22203

901 N. Stuart St., Suite 1300

Court Adm.: Beverly Swihart-Holmes

703/235-2307

703/235-2372

WASHINGTON

Seattle - 98104

1000 Second Ave., Suite 2500

Court Adm.: Joseph A. Neifert

206/553-5953

206/553-0622
​

Seattle - 98134

Seattle Detention Center,

c/o US DHS

815 Airport Way South

Court Adm.: Joseph A. Neifert

Mailing Address:

1000 Second Ave., Suite 2500

Seattle WA 98104-000

206/553-5953

206/553-0622
To Link to this section - Use this URL:
http://policy.ssa.gov/poms.nsf/lnx/0500502116
SI 00502.116 - “Deemed Qualified Alien” Status Based On Battery Or Extreme Cruelty By A Family Member - 10/21/2014
Batch run: 09/22/2025
Rev:10/21/2014