New benefits for immigrant domestic violence victims



Immigrant victims of domestic violence, including Violence Against Women Act (VAWA) self-petitioners for legal status, are now eligible for each of the financial assistance programs of the Illinois Department of Human Services (IDHS). These programs include: Temporary Assistance for Needy Families (TANF); Aid to the Aged, Blind and Disabled (AABD); and General Assistance (GA). Persons eligible for financial assistance will also receive Medicaid.

To qualify for benefits, a person must satisfy each of the following four criteria. The person must

  • be a spouse, widow, or child of a U.S. citizen or the spouse or child of a legal permanent resident (LPR);

  • have been abused by the U.S. citizen or LPR or by a member of that relative’s family who lived with them (the children of an abused parent and the parent of an abused child are also eligible);

  • need assistance, at least in part, due to the abuse; and

  • no longer live with the abuser or plan to live separately within one month after receiving assistance.

Unlike most other noncitizens, persons who have been abused do not have to wait for five years after entering the United States to qualify for assistance. The family must meet all other eligibility criteria for the assistance program including income and asset requirements. If the abused person has an immigrant sponsor, the abused person is exempt from budgeting any sponsor liability for one year and from budgeting the abuser’s liability after one year if there is a criminal conviction, order of protection, or Immigration and Naturalization Service determination of abuse.

Due to the complexity of the eligibility criteria, IDHS caseworkers have been instructed not to deny the application of a noncitizen who claims eligibility due to abuse unless they first consult with either IDHS’s central policy office or its law department. Caseworkers are supposed to refer persons who are not receiving domestic violence services to a 24-hour hot line (877.863.6338 in Cook County and 800.799.7233 outside Cook County). Persons who need help filing a VAWA self-petition or other immigration-related legal services are to be referred to the Illinois Coalition for Immigrant and Refugee Rights (ICIRR) at 312.332.7360.

Immigrant domestic violence victims who are children, elderly, or disabled and were living in the United States on August 22, 1996, also now qualify for federal food stamps.

Please help get the word out that these important new benefits are available for immigrant victims of domestic violence. Eligible persons should apply at a local IDHS office.

For more information contact the Poverty Law Project at 312.263.3830. Wendy Pollack can be reached at extension 238; Dan Lesser, at extension 227.