Verification Procedures When Noncitizens Claim VAWA Protection
On December 15, 2016, HUD issued a General Counsel Memo. This memo relates to noncitizen “self-petitioner” procedures under the Violence Against Women Act (VAWA), and applies to public housing, Housing Choice Vouchers (including project-based vouchers), Section 8 Project-based assistance, Section 236 rental assistance, Rent Supplement, Flexible Subsidy and Section 221(d)(3) BMIR programs.
VAWA self-petitioners are those who claim to be victims of “battery or extreme cruelty.” Battery or extreme cruelty includes domestic violence, dating violence, sexual assault, and stalking. VAWA allows these noncitizens to self-petition for Lawful Permanent Resident (LPR) status without the cooperation of knowledge of their abusive relative.
Section 214 of the Housing & Community Development Act of 1980 states that HUD may not allow financial assistance to ineligible noncitizens. However, assistance cannot be denied while immigration status is being verified.
Self-petitioners can indicate that they are in “satisfactory immigration status” when applying for assistance or continued assistance from Section 214-covered housing providers. This is basically a self-certification of legal immigration status. Owners will make a final determination of immigration status through the Systematic Alien Verification for Entitlements (SAVE) System.
Not every noncitizen victim who has been subjected to domestic violence will qualify under these procedures. In order to qualify, the noncitizen victim must have been battered or subjected to extreme cruelty by a spouse or parent, who is a U.S. citizen or lawful permanent resident (LPR). In other words, if the perpetrator is not a U.S. citizen or LPR, the victim may not claim VAWA protection. Once an owner receives a self-petition (INS Form I-360 or I-130), or INS Form 797, the owner must obtain the following information in order to complete the verification:
- Initiate verification in the SAVE system by
- Entering self-petitioners name;
- Enter alien ID number; and
- Date of birth.
The system will provide one of the following responses:
- If there is a match, no further action is necessary; or
- “No match,” in which case the owner must go to step 2.
- Push button “Institute Additional Verification.” Then type, “verify VAWA self-petition. If the applicant provided a Form I-130, type, “verify I-130.” Upload one of the following documents for the applicant:
- I-360 VAWA Self-Petitioner;
- I-130 Family Based Visa Petition;
- I-797 Notice of Action; or
- Steps Undertaken by DHS: Receipt of I-130 or I-360, prima facie determination, or approval of self-petition.
- The SAVE system will show one of two confirmations:
- VAWA self-petition is verified, in which case the applicant is immediately eligible for housing and no evidence of domestic violence may be requested or collected; or
- The I-130 is verified, in which case the petitioner must provide to the owner evidence of “battery or extreme cruelty.”
Until a final determination of LPR status is made, housing assistance and full VAWA protection must be granted to the self-petitioner. If the final determination is to deny the VAWA self-petition or LPR petition, the owner must notify the petitioner and take action to terminate voucher assistance or evict the petitioner from public housing.
It is expected that both the HUD Office of Public and Indian Housing and the Office of Housing will publish notices in the near future outlining details on how to comply with the general counsel guidance.