Lawyers Manual - Unified Court System

360 Barbara Weiner
If the I-360 petition is approved, USCIS issues an “Approval Notice.” Both
a prima facie notice and an approval notice constitute proof not only of the
required immigration status but also that the individual is a victim of domestic
violence. An immigrant with a prima facie notice or an approved I-360 is not
required to provide the benefits agency with evidence that she has been battered
or subjected to extreme cruelty to establish her eligibility for assistance.
Evidence that the Immigrant is a Victim of Battery or Abuse
Battered immigrants who provide the social services district with evidence
that an I-130 has been filed on their behalf that is pending or has been
approved must have a determination made by the benefits agency that she is a
victim of battery or extreme cruelty in order to be considered a qualified
immigrant. This determination is made by the local social services district’s
Domestic Violence Liaison (DVL). 16 Similarly, an individual who provides
proof that her I-360 has been filed with USCIS but who has not yet received a
prima facie determination must also be referred to the DVL for a credibility
determination. 17 Finally, battered immigrants who have no immigration
documents they can provide to the agency but who file a statement saying they
are the spouse of a US citizen or lawful permanent resident and have been
battered or abused must also be referred to the DVL. If the DVL determines the
immigrant is a victim of domestic violence, the local district is authorized to
provide assistance to meet her immediate needs. However, to receive ongoing
assistance, she must return to the agency within 30 days with proof that an I-
360 self-petition has been filed with USCIS. 18
No Longer Lives with Abuser and Substantial Connection Between
Abuse and Need for Benefits
The final condition that must be met by the battered immigrant to be
classified as a qualified immigrant is that she no longer lives in the same
household as the abuser and that her need for benefits is substantially connected to
the abuse. 19 The eligibility worker rather than the DVL makes this determination.
Proof of separate residence can be provided by Orders of Protection
requiring the abuser to stay away from the immigrant, by employment records,
school records, medical records or domestic violence shelter records. To
demonstrate that the need for benefits is substantially connected to the abuse,
the immigrant can show, for example, that the benefits are necessary to enable
her to become self-sufficient or to enable her to escape the abuse or to make up
for the loss of financial support from the abuser or to ensure her safety.