Family and Children's Medicaid MA-3313 SPONSOR DEEMING
VI. Battered Alien Exemption
A. Suspend sponsor deeming if the alien meets the following requirements.
1. A qualified alien, a qualified alien’s child, or a qualified alien child’s parent has been battered or subjected to extreme cruelty in the United States. The alien must provide evidence of abuse which includes but is not limited to:
- Reports or affidavits from police, judges or other court officials, medical personnel, school officials, clergy, Child Protective Services’ staff, or counselling or mental health personnel,
- Signed statement from a staff member at a shelter for battered individuals or homeless persons,
- Rental records or utility receipts in the battered alien’s name,
- School records,
- Statement by family member, friend, or other person knowledgeable of the battered alien’s circumstances; or
- Signed statement by the battered alien.
NOTE: The alien does not have to have an approved Violence Against Women Act (VAWA) petition, a prima facie approval of a VAWA petition, a VAWA cancellation of removal, or a prima facie approval of a VAWA cancellation in order to be exempt from sponsor deeming. However, if he does have one of these documents, it is verification that he has been subjected to extreme cruelty and no further verification is needed.
REVISED 07/01/10 – CHANGE NO. 08-10
2. There is a substantial connection between the battery and the need for benefits. See MA-3330, Alien Requirements, for verification procedures.
3. The individual subject to such battery or cruelty does not live in the same household with the individual responsible for the cruelty or batterer. There is an exception made if the alien needs the assurance of the availability of benefits in order to leave the batterer and survive independently. See MA-3330, Alien Requirements, for verification procedures.
B. When the battery exemption is allowed, deeming shall be suspended for 12 months.
C. After 12 months, the alien shall continue to be exempt from sponsor deeming only if:
1. The alien demonstrates that the battery or cruelty has been recognized in an order of a judge or administrative law judge or a prior determination of the BCIS, and
2. There is a substantial connection between the abuse or battery suffered by the alien applicant, the alien applicant’s child, or in the case of an alien child, the alien applicant’s parent and the need for the benefit sought. (See MA-3330, Alien Requirements, for information on determining a substantial connection.)
NOTE: Battered aliens are subject to the 5-year disqualification period. Also, please note that the requirements to be eligible for the battered alien sponsor deeming exemption are NOT the same as the requirements to be a battered alien for purposes of being a qualified alien. They are separate decisions that must be made. See MA-3330, Alien Requirements.