Lawyers Manual - Unified Court System

Public Assistance and Housing 265
must specifically ask the client if she wants to report the information to that
particular division. 62
Public Benefits and Battered Immigrants 63
Non-citizens are eligible in varying degrees for public benefits including
Family Assistance, Safety Net Assistance, Medicaid, Food Stamps and public
housing. Benefits will differ depending upon the precise nature of the person’s
immigration status64 and the date of entry into the United States. US citizen
children may be eligible even when their parents are not.
Determining a client’s immigration status may be particularly challenging in
cases involving battered immigrants. Many battered immigrants may not know
their immigration status because abusers have purposefully withheld
information or destroyed immigration documents. A battered immigrant may
have fled her home without the paperwork she needs to document her
immigration status or lost documents because of frequent relocations. Generally,
applications for public assistance cannot lawfully be denied or delayed because
of lost documents. 65 As a practical matter, however, the lack of immigration
documents can make it very difficult to establish eligibility for benefits.
Undocumented battered immigrants in New York State can become eligible
for public benefits by taking steps to adjust their immigration status. 66 For
example, the Violence Against Women Act (VAWA) offers specific immigration
relief such as the battered spouse waiver, the VAWA self-petition, U and T
Visas, or VAWA cancellation of removal.
Child Care Subsidy Program
Survivors with children who are receiving public assistance benefits,
transitioning off public assistance, employed or actively seeking employment, or
participating in an approved vocational training or rehabilitation program may
be eligible for child care subsidy assistance benefits. 67 Child care assistance may
also be available for certain emergencies. 68 Since local social services districts
have the discretion to tailor child care programs to meet their community’s own
need, 69 access to child care benefits varies widely from county to county. 70
Generally, to qualify for child care, families must be receiving public
assistance benefits or be determined income eligible. 71 The local districts must
guarantee free child care services to families with children under thirteen years of
age who are receiving public assistance benefits. 72 Families who are not on public
assistance will be required to contribute towards the cost of services and, as of
2005, they will also be required to document that they are pursuing child support