DPSS ePolicy

Revision of existing policy and/or form(s)

What changed?

This release was revised to:

1. Include information on how to identify a potential T or U Visa applicant;
2. Include guidance on how to handle General Relief (GR) and CalWORKs cases that are potentially eligible for Refugee Cash Assistance (RCA) and Trafficking and Crime Victims Assistance Program (TCVAP) Cash Assistance;
3.  Remind staff to consult with their supervisor and Immigration Liaisons when they are uncertain or unclear of any verification provided by an applicant/participant, policy clarification, and/or business process clarification;
4. Remind staff they must assist applicants/participants with obtaining verification when the applicant/participant asks for help and has made a good faith effort to provide the requested documents;
5. Remind staff that good cause can exist that allows the Assistance Unit (AU) time to fulfill a necessary requirement;
6. Remind staff that the Social Security Number (SSN) or SSN card is not required for T and U Visa participants; staff should never request this verification to determine eligibility regardless if they are applying for TCVAP Cash Assistance and TCVAP CalWORKs;
7. Remind staff (Clerical and Eligibility) that eligibility must never be determined if an application was not initiated and at no time should an applicant who wishes to initiate an application be turned away;
8. Include acceptable verification for a derivative U Visa individual;
9. Provide guidance to staff outlining how to handle situations when a T Visa applicant provides a sworn statement and no additional evidence is provided; 
10.  Include information about the established centralized email addresses for District Advocate Liaisons (DALs);
11. Provide clarification that a T Visa victim is eligible for TCVAP Cash Assistance (Statefunded version of RCA) up to 12 months and an additional 12 months of federal RCA benefits once they become certified by the Office of Refugee Resettlement (ORR);
12. Provide clarification that a U Visa participant whose U Visa is granted continues to be eligible for TCVAP Cash Assistance or TCVAP CalWORKs until the time limit is reached or eligibility ends. Once a legal permanent resident status is received, the U Visa participant continues to be eligible for aid as long; the funding source changes from State-funded (TCVAP Cash Assistance or TCVAP CalWORKs) to federally-funded (RCA or CalWORKs);
13. Update the CalWORKs Time-Limit from 48 to 60 months;
14.  Update the RCA Time-Limit from eight months to 12 months;
15. Provide staff clarity about how the system is programmed for Medi-Cal for TCVAP Cash Assistance and TCVAP CalWORKs; and
16. Remind staff that T and U Visa participants receiving TCVAP CalWORKs are eligible for exceptions and waivers of any of the Welfare-to-Work (WtW) Program rules/requirements.
    
    

Note: Changes are highlighted in grey throughout the document.

TCVAP provides eligible, noncitizen trafficking victims (T Visa) and victims of serious crimes (U Visa) benefits and social services equivalent to those available to refugees and asylees including but not limited to:

• TCVAP CalWORKs: State-funded CalWORKs for families with minor children;
• TCVAP Cash Assistance: State-funded version of RCA for single adults or families without children and families with children who do not meet CalWORKs requirements;
• California Food Assistance Program (CFAP); 
• Cash Assistance Program for Immigrants (CAPI); 
• In-Home Supportive Services (IHSS);
• State-funded Medi-Cal, administered by the California Department of Health Care Services;
• Employment Services; and/or
• Supportive Services (child care, transportation, and ancillary services).

T and U Visa participants are potentially eligible for GR, if they:

• Have exhausted the TCVAP Cash Assistance and/or federal RCA prior to applying for GR; and
• Meet income, resources, and all other GR Program requirements. 

Applicants must meet all other program requirements, including income, resource limitations, and work registration requirements, just as any other applicant for benefits.

No applicant who wishes to initiate an application should be turned away, regardless if Eligibility staff make a preliminary determination that the applicant is ineligible. If Eligibility staff have concerns that an applicant/participant is presenting documentation that is insufficient for immigrant eligibility, they must seek guidance and direction from their immediate supervisor. Supervisors must reach out to their Quality Control staff or management and/or District Immigration Liaisons, if needed.

State Funding Eligibility

In January 2007, Senate Bill 1569 (Chapter 672, Statutes of 2006) created TCVAP which extended eligibility for State-funded benefits to noncitizen adults and families without children as follows:

1. Trafficking victims (T Visa) who:
   • Are preparing to file an application for a T Visa;
     • The participant must apply for a T Visa within 12 months of the date of the TCVAP Cash Assistance or TCVAP CalWORKs application;
   • Have filed an application for a T Visa with the United States Citizenship and Immigration Services (USCIS) and the application has not been denied or are pending certification by ORR; or
   • Taking steps to meet the eligibility conditions for federal benefits.
     
     Note: Eligibility for federal benefits for T Visa victims is outlined below.
2. Victims of domestic violence and other serious crimes (U Visa) are eligible if the applicant has filed for a U Visa or derivative U Visa application. 

This Release outlines guidance in relation to TCVAP Cash Assistance (State-funded version of RCA) and TCVAP CalWORKs (State-funded version of CalWORKs). 

Administrative Releases (AR) in relation to T and U Visa eligibility for the other programs mentioned above, within the Policy section, are listed below:

• CFAP: 63-405 Citizenship or Eligible Noncitizen Status;
• CAPI: 49-020.1 Immigration Status – Permanent Residence Under Color of Law (PRUCOL);
• GR: 42-411 Noncitizen Victims of Human Trafficking, Domestic Violence, and Other Serious Crimes;
• Medi-Cal: Coverage for Immigrants Under Health Care Reform; and
• Supportive Services: 1717 Services For Individuals Under Senate Bill 1569

Federal Funding Eligibility 

Prior to the creation of TCVAP, only trafficking victims certified by ORR were eligible to receive federal benefits as a result of the Federal Trafficking Victims Protection Act of 2000.

Note: The ORR certification may occur prior to USCIS finalizing the determination of the T Visa application.

Since 2000, T Visa victims with an ORR certification are eligible to the federally-funded programs: RCA and CalWORKs. The T Visa participants are subject to the same policies/requirements outlined as follows:

• RCA AR: 69-200 Refugee Resettlement Program; and
  
• CalWORKs AR: 42-431.2 Noncitizen Status. 

TCVAP

TCVAP provides T and U Visa victims State-funded cash aid, CFAP, employment, supportive and health care services. The type of cash aid available is:

1. TCVAP CalWORKs which follows CalWORKs Program rules; and 
2. TCVAP Cash Assistance which follows RCA Program rules. 

For the purpose of this release, the below are the applicable references: 

1. TCVAP CalWORKs: T and U Visa victims who are eligible to State-funded CalWORKs; not federally-funded CalWORKs.
2. TCVAP Cash Assistance: T and U Visa victims who are eligible to State-funded RCA; not federally-funded RCA.
3. CalWORKs: CalWORKs benefits (federal eligibility).

Victims of Trafficking (T Visa)

Severe forms of trafficking in person means:

• Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not reached 18years of age; or
• The recruitment, harboring transportation, provision or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude peonage, debt bondage, or slavery.

Domestic Violence and Victims of Serious Crimes (U Visa)

Noncitizen victims of domestic violence and other serious crimes are eligible for benefits as long as they:

• Have suffered substantial physical or mental abuse as a result of having been victims of criminal activity involving, or similar to, the following violations: rape,  torture, trafficking, incest, domestic violence, sexual assault, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, being held hostage, peonage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, blackmail, extortion, manslaughter, murder, felonious assault, witness tampering, obstruction of justice, perjury or attempt, conspiracy or solicitation to commit any of the above mentioned crimes;
• Possess information concerning criminal activity (or in the case of an alien child under the age of 16, the parent, guardian, or adult representing the child); and
• Have been helpful, are being helpful, or are likely to be helpful to a federal, State, or local law enforcement official, prosecutor, or judge or to other federal, State, or local authorities investigating or prosecuting criminal activities described above (or in the case of an alien child under the age of 16, the parent, guardian, or adult representative of the alien child is helpful). 

Continued Presence (CP)

Victims of Trafficking

CP is a status that allows victims assisting law enforcement with an investigation and/or prosecution to remain in the country during the course of a criminal case. It is granted in one-year increments and can be requested by various law enforcement agencies on behalf of a trafficking victim. 

Trafficked children under 18 are not required to cooperate with law enforcement to receive benefits and services.

Domestic Violence and Serious Crime Victims

Domestic violence and serious crime victims are not necessarily granted CP. For most noncitizen victims of domestic violence and other serious crimes, it is implicit in their status to assist or prepare to assist law enforcement with the investigation or prosecution of criminal activities.

Impact to TCVAP Benefits

CP impacts trafficking victims only with regard to benefit eligibility. Trafficking victims must have applied for a T Visa within one year of the date of application for benefits. However, benefits can continue when they have not filed for a T Visa, but federal law enforcement has made a request for CP.

ORR Certification

ORR may certify an adult victim of trafficking who:

• Is willing to assist in every reasonable way in the investigation and prosecution of human trafficking cases; and
• Has made a bona fide application for a T Visa or is a person whose CP the Attorney General is ensuring to carry out a prosecution of traffickers.

Children 

For minor trafficking victims, ORR issues an eligibility letter, which makes the minors eligible for federal benefits and services. For purposes of this release, reference to “certified trafficking victims” also includes minors for whom an eligibility letter has been issued.

Impact to TCVAP Benefits

ORR certification impacts trafficking victims only. Domestic violence and victims of serious crimes are not certified by ORR. 

Once the adult trafficking victim has been certified by ORR, they are eligible for federal benefits (RCA or CalWORKs) and are no longer eligible to TCVAP Cash Assistance (State-funded RCA) or TCVAP CalWORKs (State-funded CalWORKs) benefits. State-funded RCA or CalWORKs benefits must be discontinued upon ORR certification as these participants are no longer eligible to TCVAP benefits and services.

Safety Net Program

The Safety Net Program provides State-funded assistance to cases in which all adults have been discontinued from cash aid/removed from the AU due to reaching the CalWORKs 60- Month Time Limit. 

RCA

RCA is federally-funded cash aid for persons defined as refugees (for benefit eligibility purposes) who are not eligible for Regular CalWORKs or other programs.

These individuals include single adults who do not have children, married couples who do not have children, and families with children who do not meet the CalWORKs requirements

Trafficking victims must be transitioned from TCVAP Cash Assistance to RCA upon ORR certification. See AR 69-200 Refugee Resettlement Program – Refugee Cash Assistance for detailed information.

CalWORKs

For purposes of this release, reference to “CalWORKs” refers to eligibility to CalWORKs (federally-funded) cash aid other than “TCVAP CalWORKs” (State-funded). 

T and U Visa Aid Codes: R1 and 1V

R1: CalWORKs Trafficking Victims aid code

This aid code is required to identify and track cash assistance provided to TCVAP CalWORKs trafficking victims. Once eligibility is determined for the adult and child(ren) for TCVAP CalWORKs, aid code R1 must be used. Expenditures claimed with this aid code have a cost sharing ratio of 97.5 percent State general fund and 2.5 percent County funds. 

An AU consisting of mixed family members, such as a TCVAP CalWORKs trafficking victim parent and a citizen child, must be identified with the R1 aid code.

Note: The R1 aid code is only for trafficking victims receiving TCVAP CalWORKs and not for victims of serious crimes. The applicable aid code (e.g., 3E, 3G, 3H, 3L,  3M, 3U, 3W) should be used for victims of serious crimes.

1V: TCVAP Cash Assistance aid code 

This aid code is required to identify and track cash assistance provided to single adults who are:

• Trafficking victims; and
• Victims of serious crimes.

Once eligibility is determined for the adult(s) for TCVAP Cash Assistance benefits, aid code 1V must be used. Expenditures claimed with this aid code have a cost sharing ratio of 97.5 percent State general fund and 2.5 percent County funds.

Once trafficking victims receive ORR certification of trafficking status, the TCVAP Cash Assistance benefits must be terminated, and the trafficking victim must be moved into the federally-funded RCA Program. The case would then be identified as RCA aid code 01.

Note: Victims of serious crimes are not certified by ORR, and therefore, would not be transitioned to RCA (federally-funded).

Time Limits

The time limits for T and U Visa victims are consistent with the federal RCA and CalWORKs Programs. Specific program time limits are as follows:

• TCVAP Cash Assistance (equivalent to RCA): 12 months;
• TCVAP CalWORKs: 60 months for adults (there is no limit for children);
• Medi-Cal: No program time limits; and
• CalFresh: No program time limits.

Victims of Trafficking

For trafficking victims receiving TCVAP Cash Assistance, once they are certified by ORR, they are transitioned to the federal RCA Program and begin a new 12-month time limit under the RCA Program.

For trafficking victimsreceiving TCVAP CalWORKs, once they are certified by ORR, they are transitioned to CalWORKs (federal funding), but they do not begin a new eligibility period. The 60- Month Time Limit does not start over.

Domestic Violence and Serious Crime Victims 

Victims of domestic violence and other serious crimes do not have federal equivalent programs and remain eligible until they reach their TCVAP Cash Assistance or TCVAP CalWORKs Time Limit or when their U Visa is finally administratively denied.

See chart at the end of this Section regarding TCVAP benefits and their federal equivalents.

Termination of Eligibility

Eligibility for benefits and/or services will be terminated under the following situations:

Victims of Trafficking 

• The participant has not applied for a T Visa within one year of the date of application for benefits. Within one year, the participant must provide a copy of their T  Visa, or a receipt or letter from USCIS that they have filed for a T Visa.

Exception: If the participant has not filed for a T Visa within a year of their application for benefits, they are to be terminated unless federal law enforcement has made a request for CP on behalf of the participant. If a request for CP has been made by federal law enforcement, the participant continues to be  ligible for benefits and services. If the participant needs assistance obtaining verification, staff must review the Verification Documents Section for guidance.

• The participant’s application for a T Visa has finally been administratively denied by  USCIS. An application for a T Visa is finally administratively denied when an appeal of the T Visa denial has been unsuccessful or the time to appeal the denial has passed without an appeal having been filed.

Note: It is the participant’s responsibility to notify the County when their T Visa has been administratively denied. Eligibility staff can ask if there is a status change of their T Visa at the Renewal (RE). If there is no change in the status, no verification should be requested. 

•  When the program time limitation has been reached; or
•  If ORR certification is obtained, the case is transitioned to RCA (federally-funded) or CalWORKs (federally-funded).

Note: Staff are to evaluate for Medi-Cal upon termination of TCVAP Cash Assistance or TCVAP CalWORKs and ensure the Medi-Cal Eligibility Data System (MEDS) is updated with the appropriate aid code. Staff should note all information obtained and action taken in the case Journal. 

Domestic Violence and Victims of Serious Crimes

Domestic violence and victims of serious crimes remain eligible until they reach their time limit or when their U Visa is finally administratively denied, whichever comes first.

Note: It is the participant’s responsibility to notify the County when their U Visa has finally been administratively denied. Eligibility staff can ask the participants if there is a status change of their U Visa at the annual RE. If there is no change in the status of their U Visa, no verification should be requested.

When the participant’s U Visa is approved by USCIS, they will remain in the State-funded TCVAP Cash Assistance or TCVAP CalWORKs until the Program time limit is reached or eligibility ends.

Transition to RCA or CalWORKs

Victims of Trafficking

• Adults 
  Adult T Visa participants who have received a certification letter from ORR, whether or not they have been granted a T Visa, are eligible for federal RCA and CalWORKs to the same extent as refugees, if otherwise eligible.
  • Once the certification letter has been issued, the participant is no longer eligible for TCVAP Cash Assistance or TCVAP CalWORKs. 
  • It is the trafficking certification letter, not the T Visa, which confirms eligibility for federal benefits. The certification letter will contain a date of certification in its body (sometimes called a date of eligibility). The date of certification will serve as the “Date of Entry” (DOE) for RCA.
  • When the participant has been issued a certification letter from ORR, it is the participant’s responsibility to notify the County of any change in status.
• Minors 
  ORR will provide an “eligibility letter” for minor victims. Federal law provides that minor victims of human trafficking who are under 18 years of age do not need to obtain ORR certification to be eligible for federal programs.

See the Examples Section for additional information.

Conversion of benefits from TCVAP to RCA (federally-funded) or CalWORKs (federally-funded) will not require a new application if the original application is on file and current. TCVAP benefits must be discontinued with a timely Notice of Action (NOA) and RCA (federally-funded) or CalWORKs (federally-funded) approved without a break-in-aid.

See AR 69-200 Refugee Resettlement Program - Refugee Cash Assistance for detailed policy and procedures regarding the RCA Program.

• Transfer of TCVAP Cash Assistance to RCA
  • TCVAP Cash Assistance participants who receive an ORR certification letter, with or without a T Visa, are transferred to the RCA Program if otherwise eligible, and receive an additional 12 months of RCA benefits (federal-funding) from the date of the certification letter. 
  • The 1V TCVAP Cash Assistance aid code must be changed to the RCA aid code 01, by updating the necessary data collection screens in the system. Once the RCA Time Limit has been reached, participants should be referred to any additional programs and resources available to them. For example, a referral must be made to the GR Program or CAPI Program, if appropriate. See the Examples Section for additional information.
• Transfer of TCVAP CalWORKs to CalWORKs
  • When a TCVAP CalWORKs participant receives an ORR certification letter, with or without a T Visa, they are transferred to the CalWORKs Program (non-TCVAP CalWORKs) if otherwise eligible. They will continue their time limit on aid; a new 60-Month Time Limit period does not begin. 
  • The R1 TCVAP CalWORKs aid code must be changed for the family to a Regular CalWORKs aid code by updating the necessary data collection screens in the system. 
  • CFAP participants do not have any time limits. The CFAP and CalFresh households are unchanged as the households already utilize the same aid code.

Family Members

If the principal victim is transitioned to RCA or CalWORKs (federally-funded), Eligibility staff must evaluate eligibility for the remaining family members. In most cases, when the principal victim is transitioned to Non-TCVAP benefits, their derivative family members are also transitioned.

Domestic Violence and Other Serious Crime Victims

Unlike trafficking victims, domestic violence and other serious crime victims are ineligible for federally-funded programs, regardless of being issued a U Visa. They will remain eligible under the TCVAP Cash Assistance or TCVAP CalWORKs Programs until the time limit is reached or TCVAP eligibility ends, whichever comes first. Once this occurs, Eligibility staff should work with participants to identify additional programs and resources that may be available to them and initiate appropriate referrals.

GAIN

T and U Visa participants are eligible to employment services via the GAIN WtW or Refugee Employment Program (REP) which includes Specialized Supportive Services (SSS) for treatment for domestic violence, mental health, and substance abuse.

USCIS Employment Authorization

An Employment Authorization Document (EAD), also known as a work permit, authorizes a noncitizen to work in the United States (U.S.) for a period of time, usually one year. U.S. employers must verify that employees, regardless of citizenship or national origin, are authorized to work in the U.S.

With an EAD, a noncitizen may legally work in the U.S. for any employer until the EAD expiration date is reached. The following T and U Visa applicants/participants will usually be work-authorized by USCIS. However, if the applicant/participan indicates they have not received an EAD, no additional verification should be requested.

• A person who has been granted CP by a federal law enforcement agency; and 
• A person who has been granted a T or U Visa by USCIS. 

The following T and U Visa applicants/participants will usually not be work-authorized by USCIS:

• A person who is in the U.S. with no legal immigration status, such as individuals preparing to file a T Visa and individuals with a pending T or U Visa application; and 
• A person, who is in the U.S. with a nonimmigrant status on a temporary basis, such as for tourism or study, may or may not be work-authorized.

Eligibility staff must ask the applicant/participant if they are authorized to work in the U.S. Once a person has entered the U.S. in a nonimmigrant status, they are usually restricted to the activity or reason for which they were allowed entry into the country.

If T and U Visa participants are not work-authorized, they cannot legally work in the U.S. and employment-directed training and education must be appropriate to this situation. T and U Visa participants must be assessed for exceptions or waiver of any CalWORKs WtW Program rule(s)/requirement(s).

• T and U Visa participants must not be required to participate in job search activities nor should they be referred to the Employment Development Department.
• If the participant is not work-authorized, appropriate employment activities must be identified to assist the participant in preparing for future employment, such as English language training, job skills development, or job-specific training. 
• An exemption may be granted if a T or U Visa participant has physical or psychological trauma related to or arising from the victimization that impedes their ability to comply with WtW GAIN/REP activities. A physician must provide written verification specifying the illness or injury is serious enough to temporarily prevent their participation in the program.

SSN

TCVAP Cash Assistance and TCVAP CalWORKs Programs

T and U Visa participants are exempt from providing an SSN. As a result, at no time should staff request the SSN or SSN card and/or deny the application for non-receipt of an SSN; the SSN is not required to determine eligibility.

Note: If an SSN is voluntarily provided by the applicant or participant, staff will need to confirm the match validity of the SSN via the MEDS Verifier Code as noted within MCP 18-40 MEDS Verification Codes: Social Security Numbers.

RCA (Federal-Funded Program)

RCA participants are exempt from providing an SSN. Staff may request that an RCA applicant voluntarily provide their SSN. However, aid must not be denied based on an RCA participant’s refusal to voluntarily disclose their SSN.

Regular CalWORKs (Federal-Funded Program)

The SSN requirements apply to applicants/participants receiving CalWORKs (federally-funded). However, trafficking victims transferring to CalWORKs (federally-funded from State-funded) may not yet have or may not be able to obtain an SSN for work purposes. These individuals should be assisted in obtaining a non-work SSN by providing them with a PA 4013, Non-Work Social Security Number Referral Letter.

See Forms Instructions PA 4013 Non-Work Social Security Number Referral Letter for detailed information.

Systematic Alien Verification for Entitlements (SAVE)

The SAVE System does not always contain information about trafficking victims or victims of serious crimes and should not be used to confirm eligibility for benefits.

Some T and U Visa applicants have entered the country legally with nonimmigrant status and a visa (e.g., a student or a tourist visa). These individuals will be in the SAVE System. However, if a T or U Visa applicant is undocumented, the applicant’s information will not be in the SAVE System.

Benefits cannot be denied to individuals whose status cannot be verified if they are otherwise eligible. Staff must assist the applicant with obtaining the verification needed to determine eligibility.

Benefits and services available to trafficking victims and victims of serious crimes include but are not limited to:

Preservation of the CalWORKs Application Date

The Bureau of Workforce Services (BWS) released BWS-LOD Call-Out #22-008, Modernization of the Refugee Cash Assistance Intake Process, on September 9, 2022, which provides the following guidance to staff:

1. How to handle GR or CalWORKs applicants who are potentially eligible for RCA or TCVAP Cash Assistance; and 
2. How to preserve the CalWORKs/GR application date for participants eligible for RCA/TCVAP Cash Assistance benefits and provide a warm hand-off to those programs to ensure the correct application is completed.

Therefore, when staff receive a CalWORKs application and determine the AU is not eligible for CalWORKs but potentially eligible for RCA (federally-funded) or TCVAP Cash Assistance (State-funded version of RCA), staff must preserve the CalWORKs application date and follow the steps outlined in the BWS-LOD Call-Out #22-008. In addition, when staff receive a GR application and determine the family should apply for TCVAP Cash Assistance or CalWORKs, staff must preserve the GR application date and follow the steps outlined in BWS-LOD Call-Out #22-008 and document the case Journal of all actions taken.

A T or U Visa applicant is potentially eligible if they are a victim of human trafficking, domestic violence, or other serious crimes.

Trafficking Victim

Human Trafficking Identification Criteria

The trafficking status can be verified by the completion of a sworn statement by:

• The victim; or 
• A representative if the victim is not able to competently make a sworn statement. 

Aside from the sworn statement, one of the following must be provided, but is not limited to:

• Police, government agency, or court records or files; 
• News articles; 
• Documentation from a social services, trafficking, or domestic violence program, or a legal, clinical, medical, or other professional from whom the applicant/participant has sought assistance in dealing with the crime; 
• A statement from any other individual with knowledge of the circumstances that provided the basis for the claim; 
• Physical evidence; 
• A copy of a completed Visa application; or 
• Written notice from USCIS of receipt of the Visa application.

If one of the aforementioned verifications cannot be provided, the sworn statement is sufficient unless there is an independent and reasonable basis, documented in writing, for determining the information provided is not credible.

Program Eligibility Criteria

Once it has been determined the applicant meets the definition of a victim of human trafficking, staff must verify the applicant/participant:

• Has filed an I-914 application for T Nonimmigrant status (T Visa) with USCIS and the application has not been denied; or 
  • Aside from the I-914, a confirmation receipt or letter from USCIS can also be used to verify an application has been filed. 
• Is preparing to file an application for a T Visa; or
  • A sworn statement that the participant intends to file or is taking steps to become federally eligible is acceptable. Documentation can include a statement from persons in official capacities who are working with the participant including: community-based organization/advocates who help prepare the participant to qualify for federal benefits; law enforcement; etc.
• Is otherwise taking steps to meet the eligibility conditions for federal benefits; or 
• Is a person for whom “continued presence” in the U.S. has been requested by federal law enforcement because they are assisting or willing to assist in the investigation or prosecution of human traffickers. 
  • Participants who are working with law enforcement can remain in the country during the course of a criminal investigation.

Note: For T Visa applications that have been submitted, aid continues unless the T Visa is denied or when the ORR certification is received. It is the participant’s responsibility to notify the County when there is a change in status. Eligibility staff can ask the participant if there has been a change in their T Visa status at RE. However, if the participant reports no change, no additional verification should be requested.

Note: When good cause exists, the AU can be allowed to fulfill the necessary requirement within a reasonable period of time.

Domestic Violence and Other Serious Crime Victim

Domestic violence and other serious crime victim applicants cannot use a sworn statement as proof of eligibility and must provide documentation they have filed an application for a U Visa or received a U Visa. Acceptable documentation for verifying that an application for a U Visa has been filed or that a U Visa has been granted includes, but is not limited to:

• The applicant’s U Visa; 
• A confirmation receipt (e.g., I-797C, Notice of Action) or letter from USCIS verifying that a U Visa application has been filed; 
• The NOA (form I-797) approving a U Visa or request for U Visa Interim Relief (U Visa Interim Relief is acceptable only if a request for U Visa Interim Relief was requested before October 17, 2007);
• A form I-797 which serves as a fee receipt for an employment authorization request based on a U Visa application; 
• A copy of the Petition for U Nonimmigrant status, form I-918 (all pages); or 
• If the applicant/participant also applied for their spouse or child(ren), an I-918 Supplemental A, Petition for Qualifying Family Member of U-1 Recipient, and the I-918 are needed. 

Note:The complete copy (all pages) of the application is sufficient; it does not require a USCIS stamp.

• An EAD issued under Category “A19” or “A20” for an approved U Visa petitioner.

Eligibility continues unless the U Visa is denied. It is the participant’s responsibility to notify the County when their U Visa has been denied. Eligibility staff can ask the participant if there has been a change in their U Visa status at RE. However, if the participant reports no change, staff must not request additional verification.

Family Members

Certain family members (derivatives) of victims of trafficking, domestic violence, and other serious crime victims may be eligible for TCVAP if they have the following documentation:

• T-2, T-3, T-4, T-5, or T-6 Visa or U-2, U-3, U-4, or U-5, etc., collectively referred to as derivative T or U Visas. 
  • A principal victim who was granted a T or U Visa and who was under 21 years old on the date the T or U Visa application was filed has derivative T or U Visas available to their spouse, children, parents, and unmarried siblings who were under 18 years old on the date the T or U Visa application was filed. 
  • Derivates are also eligible while the T and U Visa applications are pending, provided all other program eligibility requirements are met. 

In the case of a victim who is granted a T or U Visa and who was 21 years old or older on the date the T or U Visa application was filed, derivative T or U Visas are generally only available to the victim’s spouse and children.

Staff may use CO 23-80, Trafficking and Other Serious Crimes Quick Reference Guide as a tool that summarizes State and federal eligibility requirements and verifications needed for each program.

Staff are reminded that the applicant/participant has the primary responsibility to provide verification to support statements on the application and to resolve any questionable information. Since applicants/participants may struggle to obtain the verification that displays there is a T or U Visa application pending, good cause exists as long as the applicant/participant has made a good faith effort to provide the requested documents. Thus, the AU can be allowed time to fulfill the necessary requirement within a reasonable period of time. However, staff must assist the applicant/participant with obtaining verification when the applicant/participant asks for help.

Eligibility staff must provide the applicant/participant with the ABCDM 228, Applicant’s Authorization for Release of Information, and the applicant/participant must sign it for staff to reach out to a third-party, which at times includes their immigration attorney, who is identified by the applicant/participant.

The following matrix provides a quick reference of State or federal eligibility based on the type of documentation provided:

Document Types and Examples

Examples of acceptable verification documents are, but are not limited to the following:

Legal Aid Letter

Please consult a local legal aid office website. 

 I-797, Notice of Action from USCIS

Please see www..uscis.gov/save/current-user-agencies/commonly-used-immigration-documents to see a sample of the I-797, Notice of Action from USCIS. 

I-797C, Notice of Action from USCIS

Please see www.uscis.gov/forms/all-forms/form-i-797c-notice-of-action to see a sample of the I-797C, Notice of Action from USCIS. 

I-766 EAD

The I-766, Employment Authorization Document Card has several designs that change every three to five years. Please see www.uscis.gov/save/current-user-agencies/commonly-used-immigration-documents to view samples. 

I-94

The I-94, Arrival/Departure Record may be presented as an Electronic Form and/or as a Card record. Card records may be hand printed. Please see www.uscis.gov/i-9-central/form-i-94 to view samples. 

Note: Individuals can access their U.S. Customs and Border Protection arrival/departure record information online, and therefore, may present an electronic record of their I-94.

 I-551

The I-551, Permanent Resident Card has several designs that changes every three to five years. Please see www.uscis.gov/save/current-user-agencies/commonly-used-immigration-documents to view samples.