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Thread: HELP : divorced battered spouse

  1. #1
    Guest
    i HAVE BEEN POSTING A LITTLE BIT EVERYWHERE DESESPERATE FOR AN ANSWER PLEASE....
    HELP
    bellac@bellsouth.net

  2. #2
    Guest
    i HAVE BEEN POSTING A LITTLE BIT EVERYWHERE DESESPERATE FOR AN ANSWER PLEASE....
    HELP
    bellac@bellsouth.net

  3. #3
    Guest
    Let me read your case

  4. #4
    Guest
    INSERTS/PUBLIC LAWS AMENDING THE INA/Pub. L. 104-208 Illegal Immigration Reform and Immigrant Responsibility Act of 1996/SEC. 552. INDIGENCE AND BATTERED SPOUSE AND CHILD EXCEPTIONS TO FEDERAL ATTRIBUTION OF INCOME RULE.
    SEC. 552. INDIGENCE AND BATTERED SPOUSE AND CHILD EXCEPTIONS TO FEDERAL ATTRIBUTION OF INCOME RULE.



    Section 421 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1631) is amended by adding at the end the following new subsection:


    "(e) INDIGENCE EXCEPTION.-


    "(1) IN GENERAL.-For an alien for whom an affidavit of support under section 213A of the Immigration and Nationality Act has been executed, if a determination described in paragraph (2) is made, the amount of income and resources of the sponsor or the sponsor's spouse which shall be attributed to the sponsored alien shall not exceed the amount actually provided for a period beginning on the date of such determination and ending 12 months after such date.


    "(2) DETERMINATION DESCRIBED.-A determination described in this paragraph is a determination by an agency that a sponsored alien would, in the absence of the assistance provided by the agency, be unable to obtain food and shelter, taking into account the alien's own income, plus any cash, food, housing, or other assistance provided by other individuals, including the sponsor. The agency shall notify the Attorney General of each such determination, including the names of the sponsor and the sponsored alien involved.


    "(f) SPECIAL RULE FOR BATTERED SPOUSE AND CHILD.-


    "(1) IN GENERAL.-Subject to paragraph (2) and notwithstanding any other provision of this section, subsection (a) shall not apply to benefits-


    "(A) during a 12 month period if the alien demonstrates that (i) the alien has been battered or subjected to extreme cruelty in the United States by a spouse or a parent, or by a member of the spouse or parent's family residing in the same household as the alien and the spouse or parent consented to or acquiesced to such battery or cruelty, or (ii) the alien's child has been battered or subjected to extreme cruelty in the United States by the spouse or parent of the alien (without the active participation of the alien in the battery or cruelty), or by a member of the spouse's or parent's family residing in the same household as the alien when the spouse or parent consented or acquiesced to and the alien did not actively participate in such battery or cruelty, and the battery or cruelty described in clause (i) or (ii) (in the opinion of the agency providing such public benefits, which opinion is not subject to review by any court) has a substantial connection to the need for the public benefits applied for; and



    "(B) after a 12 month period (regarding the batterer's income and resources only) if the alien demonstrates that such battery or cruelty under subparagraph (A) has been recognized in an order of a judge or administrative law judge or a prior determination of the Immigration and Naturalization Service, and that such battery or cruelty (in the opinion of the agency providing such public benefits, which opinion is not subject to review by any court) has a substantial connection to the need for the benefits.


    "(2) LIMITATION.-The exception under paragraph (1) shall not apply to benefits for an alien during any period in which the individual responsible for such battery or cruelty resides in the same household or family eligibility unit as the individual who was subjected to such battery or cruelty.".

  5. #5
    Guest
    I am going to look stupid but I did not really understand the meaning of the text you kindly posted,would you mind simplify it for me
    thanks and sorry ...

  6. #6
    Guest
    AS I don't know your case history, I posted the Benifit Law which is available to batterd spouse.
    This is public Law INA/Pub. L. 104-208 Illegal Immigration Reform and Immigrant Responsibility Act of 1996/SEC. 552. If you write the history of your case and What what you want to do, I will try to find the Law and post it.

  7. #7
    Guest
    Don't look stupid anymore and you will be ok.
    Good luck!

  8. #8
    Guest
    Please, stay alert to those who are going under someone else's names and doing nothing but trying to hurt others.

  9. #9
    Guest
    Please do not talk in my name.
    God bless you.

  10. #10
    Guest
    What a disrespectful answer.

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