HEALTH CARE ACCESS

GLOSSARY

“Qualified Immigrant/Alien”: the following groups are included in the definition of “qualified immigrants”: lawful permanent residents (including conditional permanent residents; refugees; asylees; persons granting withholding of deportation or cancellation of removal; Cuban/Haitian entrants; victims of trafficking; Veterans of certain U.S. military actions; persons granted conditional entry; Amerasians; persons paroled into the U.S. for a year or more; persons who have been battered or subject to extreme cruelty by a U.S. citizen or lawful permanent resident spouse or parent, with pending or approved VAWA cases or certain family-based immigrant petitions before CIS; and persons whose children have been battered or subject to extreme cruelty by the U.S. citizen or lawful permanent resident other parent, who have pending or approved VAWA cases or certain family-based petitions for CIS.

Self-Petition, I-360: To be eligible to file a self-petition (an application that you file for yourself for immigration benefits) you must qualify under one of the following categories:

Spouse: You may self-petition if you are a battered spouse married to a U.S. citizen or lawful permanent resident. Unmarried children under the age of 21, who have not filed their own self-petition, may be included on your petition as derivative beneficiaries.
Parent: You may self-petition if you are the parent of an adult USC son or daughter who has abused you physically, sexually, or psychologically.
Child: You may self-petition if you are a battered child (under 21 years of age and unmarried) who has been abused by your U.S. citizen or lawful permanent resident parent. Your children (under 21 years of age and unmarried), including those who may not have been abused, may be included on your petition as derivative beneficiaries

Self-Petition widow(er), I-360: A self-petition by a widow(er) is defined as a non-citizen who is the widow(er) of a U.S. citizen who was married for at least two years at the time of the spouse’s death. The USCIS document indicating approval of petitions by a widow(er) is the I-797 or the I-797C. This document must indicate approval of an I-360 based on the status of the widower.

Family Based Petition, I-130: A family based petition is based on family linkage. In order for someone to sponsor a relative to immigrate to the U.S., the sponsor must: (1) be a citizen or a lawful permanent resident of the U.S. and be able to provide documentation providing that status; and (2) prove that they can support the relative.

If the sponsor is a USC, they may petition for the following foreign relatives to immigrate to the U.S.:

Husband or wife
Unmarried child under 21 years old
Unmarried son or daughter over 21 years old
Married son or daughter of any age
Brother or sister, if the sponsor is at least 21 years old
Parent, if the sponsor is at least 21 years old

If the sponsor is a lawful permanent resident, they may petition for the following foreign relatives to immigrate to the U.S.:

Husband or wife, or
Unmarried son or daughter of any age

Cancellation of Removal/Suspension of Deportation: A non-citizen in deportation proceedings can petition the Executive Office for Immigration Review (EOIR) immigration courts for a cancellation of removal/suspension of deportation if: (1) the non-citizen has been abused by a U.S. citizen or LPR spouse, or (2) the U.S. citizen or LPR adult in the U.S. has abused the non-citizen’s child. This is a Legal procedure undertaken in front of an immigration judge in order to adjust the status of a foreigner from deportable to a legal permanent resident.

Suspension of Deportation: A remedy in deportation proceedings which must be initiated before removal proceedings began under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 [IIRAIRA] on April 1, 1997. It involves certain individuals who have been in the U.S. for 7 or 10 years and who met other criteria as set forth in former INA Section 244(a).

EOIR: The Executive Office for Immigration Review

Conditional Resident: A resident who is the spouse of a U.S. citizen, who at the time of obtaining resident status was married less than two years, is a conditional resident. Most conditional residents file a joint petition (Form I-751 Petition to remove condition on residence) with the U.S. citizen spouse to remove the conditional basis 90 days before her card expires. If a joint petition is not possible due to dissolution, death, or battery and/or extreme cruelty, the conditional resident can file a waiver of the joint petition filing requirement.

U-Visa: The U visa was created by the Victims of Trafficking and Violence Prevention Act, enacted in October 2000. It is available to noncitizens who 1) have suffered substantial physical or mental abuse resulting from a qualified criminal activity listed in the regulation (i.e. rape, torture, trafficking, domestic violence, sexual assault, female genital mutilation, etc...), and 2) have been helpful, are being helpful or are likely to be helpful with the investigation or prosecution of the crime. The U visa provides eligible immigrants with authorized stay in the United States and employment authorization, as well as access to public benefits.

Lawful Permanent Resident (LPR): Any person who is not a citizen of the United States and who lives in the U.S., who has the right under U.S. immigration law to live and work permanently in the U.S. It’s also called Permanent Resident Alien, Resident Alien Permit Holder, Green Card Holder, and LPR

Deferred Action Status: means that the Service will not initiate removal (deportation) proceedings against the self-petitioner. Deferred action decisions are made by the Vermont Service Center (VSC) and are granted in most cases. Deferred action validity is 27 months for those for whom a visa was available on the date that the self-petition was approved. All others have a validity of 24 months beyond the date a visa number becomes available. The VSC has the authority to grant appropriate extensions of deferred action beyond those time periods upon receipt of a request for extension from the self-petitioner.

Prima Facie: Battered immigrants filing self-petitions who can establish a "prima facie" case are considered "qualified aliens" for the purpose of eligibility for public benefits (Section 501 of the Illegal Immigrant Responsibility and Immigration Reform Act (IIRIRA). The USCIS reviews each petition initially to determine whether the self-petitioner has addressed each of the requirements and has provided some supporting evidence. This may be in the form of a statement that addresses each requirement. This is called a prima facie determination.

Approval: Approved Self-petition: If the I-360 self-petition is approved, the Service may exercise the administrative option of placing the self-petitioner in deferred action, if the self-petitioner does not have legal immigration status in the United States.

EAD/Work Permit: Employment Authorization Document
The official name for a work permit and authorization by the USCIS to legally take upon work in the United States. Self-petitioners and their derivative children who have an approved Form I-360 and are placed in deferred action are also eligible for an Employment Authorization Card. To apply, USCIS Form I-765 (Application for Employment Authorization) should be filed with the Vermont Service Center. Applicants should indicate that they are seeking employment authorization pursuant to 8 CFR 274a.12(c) (14). The Form I-765 must be filed with a copy of the self-petitioner's USCIS Form I-360 approval notice.

SSN (non-work and work) :
work: this type of card shows your name and Social Security number and lets you work without restriction. It is issued to: U.S. citizens; and People lawfully admitted to the United States on a permanent basis.
non-work: A SSN may be assigned for non-work purpose to an immigrant who cannot provide evidence of immigrant status that allows them to work. A non-work SSN will be processed for undocumented immigrants who are entitled to certain public benefits.

Substantial Connection to Abuse: To obtain benefits a battered immigrant must demonstrate that there is a “substantial” connection between the battery or extreme cruelty and the need for the public benefit. As defined by the U.S. Attorney General’s Order, which sets forth a non-exclusive list, the following are examples of the types of circumstances in which there would be a “substantial connection” between abuse and the need for benefits: (this is not an all inclusive list)

Husband or wife, or
To become self sufficient following separation from the abuser;
To escape the abuser and/or the abuser's community;
To ensure the safety of the victim, the victim's child, or the victim's parent;
To compensate for the loss of financial support resulting from the separation;
Because the victim lost her job or earns less because of the battery or cruelty or because of the involvement in legal proceedings relating thereto (child custody, divorce actions etc.);
Because the victim had to leave her job for safety reasons;
Because the victim needs medical attention or mental health counseling or has become disabled;
Because the victim loses a dwelling or a source of income following separation;
Because the victim's fear of the abuser jeopardizes the victim's ability to take care of her children;
To alleviate nutritional risk or need resulting from the abuse or following separation;
To provide medical care during a pregnancy resulting from the relationship with the abuser, the abuse, or abuser's sexual assault; or
To replace medical coverage or health care services lost following the separation with the abuser.

Documents to use to determine abuse:
8 C.F.R. § 204.2
Evidence of abuse may include, but is not limited to:

Reports and affidavits from police, judges and other court officials, medical personnel, school officials, clergy, social workers, and other social service agency personnel.
Persons who have obtained an order of protection against the abuser or have taken other legal steps to end the abuse are strongly encouraged to submit copies of the relating legal documents.
Evidence that the abuse victim sought safe-haven in a battered women's shelter or similar refuge may be relevant, as may a combination of documents such as a photograph of the visibly injured self-petitioner supported by affidavits.
Other forms of credible relevant evidence will also be considered.
Documentary proof of non-qualifying abuses may only be used to establish a pattern of abuse and violence and to support a claim that qualifying abuse also occurred.

The following are some Examples for Evidence of Abuse that can be used (note: this is not a comprehensive list)

Abused woman’s statement
Restraining orders or civil protection orders obtained in any state
Police reports
Photographs of any injuries
Corroborating witness statements
Medical records, counseling/mental health records
Criminal court records
Statements of workers at domestic violence shelters or other domestic violence advocates
Evidence of property damaged
Reports, statements from police, judges and other court officials, medical personnel, school officials, clergy, social workers, and other social service agency personnel