Federal Financial Aid for College Available to Qualified Battered Immigrants

Recently, we received good news that would benefit battered immigrant students. Today, a friend from El Paso sent me a message letting me know that her financial aid advisor told her that there was no such thing for battered immigrant students (She is an HB 1403 Student and also qualifies under VAWA).

It was more like the financial aid advisor did not want to look up this information nor wanted to help her. This is not new to me, many of us (DREAMers) end up fighting struggle after struggle just to get through one flight of stairs most of the time.

Please let others know that if eligible, some DREAMers may benefit under this new amendment.

By DINAH WILEY
Public Benefits Policy Attorney

The National Immigration Law Center (NILC), the Legal Aid Foundation of Los Angeles (LAFLA), and Legal Momentum are pleased to announce that the U.S. Department of Education (DOE) has determined correctly that "qualified" battered immigrant students are eligible for federal financial aid under the same rules that apply to citizens and other eligible immigrants. DOE is developing procedures for providing aid to these domestic violence survivors while protecting their confidentiality.

This victory is due not only to advocacy by organizations serving immigrant domestic violence survivors, but also to the persistence of a few incredibly dedicated students who overcame enormous obstacles in order to pursue their education. These students spent years working to ensure that they and others in their situation will have the means to survive while improving their ability to contribute to the country's future.

Immigrant domestic violence survivors and their children with (1) an approved I-130 relative petition filed by a spouse or a parent, (2) an I-360 self-petition under the Violence Against Women Act (VAWA) that is either approved or sets forth a prima facie case, or (3) an approved application for suspension of deportation or withholding of removal under VAWA should now be able to obtain federal financial aid, assuming that they meet the other eligibility criteria. During this period, while DOE revises its materials, it has set up a process for working with financial aid officers to assist these students.

If you are working with battered immigrant students who may be eligible for financial aid and who wish to apply during the next few months, the staff at Legal Momentum has agreed to work with you to move these cases. You can contact Lacy Carra or Soraya Fata at Legal Momentum (202-326-0040). If you have questions about this notice, you can also write to NILC's Tanya Broder or Dinah Wiley, or to LAFLA's Sheila Neville.

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