DPSS ePolicy

Revision of existing policy and/or form(s)

What changed?

1. Remind staff that noncitizen victims of human trafficking, domestic violence, and other serious crimes are:
   • Not required to provide a Social Security Number (SSN) or SSN card as a condition of General Relief (GR) eligibility.
   • Required to provide verification of their immigration status at intake and anytime they report a change in their immigration status. Participants who report a change in citizenship status during the annual GR Renewal (RE) process must provide verification of the change in status. No verification is required during GR RE if there is no change reported in the immigration status.
2. Staff must continue following the policy and procedures to request verification(s) from the GR applicants/participants and assist them in obtaining the verification(s), when the applicant/participant asks for help, and has made a good faith effort to provide requested verification(s).
3. Remind staff that no applicant should be turned away who wishes to submit an application regardless of a preliminary determination that the applicant is ineligible.
4. Updated instructions on how:
   • To process the GR applications when the applicants are potentially eligible for federal Refugee Cash Assistance (RCA) and/or State Trafficking and Crime Victims Assistance Program (TCVAP).
   • To refer the GR applicants/participants to Cash Assistance Program for Immigrants (CAPI), if they are age 65 years or older, or considered disabled/legally blind and are potentially eligible for CAPI.
     • Note: No applicant should be turned away who wishes to submit an application.
5. Remind staff not to use the ABP 4038, 6-Month Reminder Notice Pending T and U Visa for General Relief Participants. The form is obsolete and will be removed from the California Statewide Automated Welfare System (CalSAWS). Additional updates will be provided as soon as the programming takes place.
6. References to the General Relief Opportunities for Work (GROW) Program have been replaced with the Skills and Training to Achieve Readiness for Tomorrow (START) Program.
7. Updated the START Program participation requirements and exemptions for this population.
8. References to LEADER have been replaced with CalSAWS.
9. References to the GR Annual Agreement (AA) have been replaced with the GR RE.
10. References to the Electronic Document Management System (EDMS) have been replaced with the CalSAWS Imaging Solution (CIS).
11. Included information about BenefitsCal, which is the new statewide self-service portal that replaced Your Benefits Now (YBN).

Note: Changes are shown highlighted in gray throughout the document.

Noncitizens with a T Nonimmigrant Status (T Visa) or U Nonimmigrant Status (U Visa) in a pending or approved status or in the appeal process with the United States Citizenship and Immigration Services (USCIS) for a denied T or U Visa are potentially eligible for GR, if they:

1. Exhausted the TCVAP cash aid and/or federal RCA prior to applying for GR; and
2. Meet income, resources, and all other GR Program requirements.

Note: Noncitizens who intend to apply but have not yet applied for the T or U Visa with the USCIS or have a denied petition with USCIS, but did not file an appeal with USCIS, are not eligible for GR.

Noncitizen victims of human trafficking, domestic violence, and other serious crimes who are age 65 years or older or considered disabled/legally blind by the State Disability Determination Services Division (DDSD) or Social Security Administration (SSA) and have a pending or approved T or U Visa status are potentially eligible for the CAPI Program. These GR applicants/participants will be evaluated for CAPI benefits.

Refer to 49-020 Immigration Status – Qualified Alien and 49-020.1 Immigration Status - PRUCOL CAPI policies for details.

No applicant should be turned away who wishes to submit an application regardless of whether an Eligibility Worker (EW) makes a preliminary determination that the applicant is ineligible.

Prior to October 2000, there were no comprehensive federal laws to protect noncitizen victims of human trafficking, and minimal laws existed to protect noncitizen victims of domestic violence and other serious crimes. The Federal Trafficking Victims Protection Act of 2000 (TVPA) made human trafficking a federal crime and made the victims of severe forms of trafficking who have been certified by the United States (U.S.) Department of Health and Human Services (HHS) eligible for federally funded benefits and services to the same extent as refugees. The TVPA created the following two new nonimmigrant visas to allow victims to remain in the U.S. and encourage them to report crimes to authorities:

1. T Visa for victims of a severe form of trafficking; and
2. U Visa for victims of domestic violence and other serious crimes.

The TVPA subsequently was reauthorized and amended in 2003, 2005, 2008, and most recently in 2013 by the Trafficking Victims Protection Reauthorization Act (TVPRA).

Effective January 1, 2006, Senate Bill (SB) 1569, (Chapter 672, Statutes of 2006) made human trafficking a crime in the State of California and created a state funded victim assistance program, the TCVAP. SB 1569 extended eligibility for state funded benefits to noncitizen trafficking victims who are pending certification by the Office of Refugee Resettlement (ORR) and to victims of domestic violence and other serious crimes.

On March 23, 2010, the Los Angeles County Board of Supervisors extended GR benefits to noncitizen victims with pending T and U Visas, or in the USCIS appeals process, appealing their denied T or U Visa petition.

In addition to the benefits and services above, on May 15, 2013, GR benefits were extended to noncitizen victims of human trafficking and victims of other serious crimes with an approved T or U Visa.

BenefitsCal

A website for applicants/participants to apply for, view, and renew benefits for health coverage, food, and cash assistance. The BenefitsCal portal also allows applicants/participants to upload supporting verification(s)/documents online.

Bona Fide

“Made in good faith; without fraud or deceit.” When interpreting the statutory term within the context of U nonimmigrant status, USCIS determines whether a petition is bona fide based on the petitioner’s compliance with initial evidence requirements and successful completion of background checks.

CAPI Program

A state funded program designed to provide monthly cash benefits to aged, blind, or disabled noncitizens who are ineligible for Supplemental Security Income/State Supplementary Payment solely due to their immigration status.

Continued Presence (CP)

A temporary immigration designation provided to individuals identified by law enforcement as victims of “severe form of trafficking in persons” who may be potential witnesses. CP allows trafficking victims assisting law enforcement with an investigation and/or prosecution to lawfully remain in the U.S. temporarily during the course of a criminal case. CP not only authorizes the victim to remain in the U.S. for two years and is renewable, but also enables the victim to receive an I-766, Employment Authorization Document (EAD) and eligibility for other federal benefits and services.

Note: 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.

Date of Entry (DOE)

The date a person was admitted into the U.S. as a refugee, or the date asylum was granted. It is found on the I-94, Arrival/Departure Form, letter granting asylum, an immigration order, or a passport.

Note: The DOE is not found on the I-551, Permanent Resident Card or I-766.

Noncitizen

A person without the U.S. citizenship or nationality (may include a stateless person). This term is synonymous with “foreign national” and with “alien” as defined in Section 101(a)(3) of the Immigration and Nationality Act (INA) (8 U.S.C. 1101(a)(3)).

ORR Certification

An office of the Department of HHS, with the authority to certify that an individual is a victim of a severe form of trafficking. The ORR will issue a certification to such individuals if they are willing to assist in every reasonable way with the investigation and prosecution of human traffickers; and:

1. The individual made a bona fide application to USCIS for a T Visa, and the application has not been denied; or
2. The individual is a person for whom CP in the U.S. has been requested by law enforcement because they are willing to assist the U.S. Attorney General and/or other law enforcement agency in the prosecution of human traffickers.

Note: Children who are under 18 years of age and have been subject to trafficking are also eligible on the same basis as refugees, but do not need to be certified. The ORR will instead issue a letter stating that the child is a victim of a severe form of trafficking.

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

Impact to GR Benefits

Once the adult trafficking victim has been certified by ORR, they become eligible for federal RCA benefits. These individuals may be potentially eligible for GR after exhausting federal RCA benefits if all other GR eligibility requirements are met.

RCA

A federally funded program through the ORR that provides cash assistance to qualified noncitizens (refugees, asylees, Cuban/Haitians Entrants, Special Immigrant Visa (SIV) holders, certain humanitarian parolees, Amerasians, and certified survivors of human trafficking) who are not otherwise eligible for any other cash aid, including GR. These individuals include single adults who do not have children, married couples who do not have children, and families with children that do not meet the CalWORKs requirements. Current RCA eligibility is 12 months.

Refer to 69-200 Refugee Resettlement Program – Refugee Cash Assistance policy for detailed information.

START Program (formerly known as GROW Program)

A mandatory welfare-to-work program for employable GR participants that provides education and training opportunities, supportive services, and case management to help them obtain jobs and achieve self-sufficiency. While participating in the START Program, participants will be assigned activities to help achieve their employment goals. The START Program helps with transportation costs and job-related expenses such as supplies and uniforms.

TCVAP

A state funded program that provides eligible noncitizen victims of a severe form of human trafficking, domestic violence, or other serious crimes, with services such as cash assistance, food benefits, employment, and supportive services.

State funded benefits and services for TCVAP are equivalent to federally funded benefits available to refugees and certified human trafficking victims, and applicants must meet all income, resource, and other program eligibility requirements.

State funded benefits and services that TCVAP eligible individuals may qualify for include but are not limited to:

1. TCVAP Cash Assistance (version of state funded RCA for single adults or families with no children);
2. TCVAP CalWORKs;
3. California Food Assistance Program;
4. CAPI;
5. In-Home Supportive Services;
6. State-funded Medi-Cal, administered by the California Department of Health Care Services;
7. Employment Services; and/or
8. Supportive Services (childcare, transportation, and ancillary services).

Refer to 70-100 Trafficking and Crime Victims Assistance Program policy for detailed information.

T Nonimmigrant Status (also known as T Visa)

A status that provides immigration protection to victims of a severe form of trafficking in person. The T Visa allows victims to remain in the U.S. and help law enforcement authorities in the investigation or prosecution of human trafficking cases.

U Nonimmigrant Status (also known as U Visa)

A status that provides immigration protection to victims of serious crimes who have suffered substantial mental or physical abuse as a result of a crime. The U Visa allows victims to remain in the U.S. and help law enforcement authorities in the investigation or prosecution of the criminal activity.

USCIS

A federal department that is responsible for processing immigration and naturalization applications and establishing policies regarding immigration services, formerly known as Immigration and Naturalization Service (INS).

Victims of Severe Forms of Human Trafficking

Federal law defines severe form of trafficking in person as:

1. Sex trafficking: When someone recruits, harbors, transports, provides, solicits, patronizes, or obtains a person for the purpose of a commercial sex act, where the commercial sex act is induced by force, fraud, or coercion, or the person being induced to perform such act is under 18 years of age; or
2. Labor trafficking: When someone recruits, harbors, transports, provides, or obtains a person for labor or services through the use of force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery.

Victims of Domestic Violence and Other Serious Crimes

Federal law defines noncitizen victim of serious crimes as an individual who has suffered substantial physical or mental abuse as a result of having been victim of criminal activity involving, or similar to, the following violations:

Abduction, abusive sexual contact, blackmail, domestic violence, extortion, false imprisonment, female genital mutilation, felonious assault, hostage, incest, involuntary servitude, kidnapping, manslaughter, murder, obstruction of justice, peonage, perjury, prostitution, rape, sexual assault, sexual exploitation, slave trade, torture, trafficking, witness tampering, unlawful criminal restraint, and/or other related crimes.

To be eligible for GR, noncitizen victims of human trafficking, domestic violence, and other serious crimes must meet all the following requirements:

1. Provide the acceptable verification(s) of their immigration status listed in the Verification Documents section showing their T or U Visa status as:
   • Pending;
   • Approved; or
   • Denied and in appeals process.
     • Note: Noncitizens with a USCIS denied petition who did not file an appeal at USCIS are not eligible for GR.
2. Exhaust the state TCVAP and/or federal RCA benefits (Effective 12-month eligibility period ends); and
3. Meet income, resource, and all other GR Program requirements.

The noncitizen victims of human trafficking, domestic violence, and other serious crimes are required to provide verification of their immigration status:

• At the time of application; and
• Anytime, there is a change in the participant’s immigration status.
  • Note: Participants who report a change in citizenship status during the annual GR RE must provide verification of the change in status. No verification is required during GR RE if there is no change in their immigration status. Eligibility staff may also contact the participant with a T or U Visa petition in a pending status or denied in the appeal process with USCIS to verify if there is a change in their immigration status during the GR RE process. A verbal statement from the participant during the GR RE is acceptable verification.
    

Length of Period for Approved T or U Visa

T Nonimmigrant Status is generally granted for up to four years but might be extended in certain situations. Noncitizens with T Visa may be eligible to become a Lawful Permanent Resident (LPR) (obtain a Green Card) after three years of continuous physical presence in the U.S. since they were first lawfully admitted as T nonimmigrants, or after continuous physical presence in the U.S. during the investigation or prosecution of the trafficking which is complete, whichever occurs earlier.

U Nonimmigrant Status is generally granted for up to four years but might be extended in certain situations. Noncitizens with U Visa may be eligible to apply for LPR status if they have been physically present in the U.S. for a continuous period of at least three years while in U Nonimmigrant Status and have not unreasonably refused to provide assistance to law enforcement since they received the U Visa.

Failure to apply for an adjustment of status before the expiration of the visa may result in termination of the T or U Nonimmigrant Status.

Refer to USCIS Victims of Human Trafficking and Other Crimes website for detailed information.

GR benefits will not be automatically discontinued at the end of the T or U Visa eligibility period as the T or U Visa might be extended. The participant will be required to provide verification if the T or U Visa status is extended. GR eligibility will be based on the verification received from USCIS.

Temporary Exemptions

The noncitizen victims of human trafficking, domestic violence, and other serious crimes may be temporarily exempted from some GR eligibility requirements:

• SSN Requirement – Noncitizen victims of human trafficking, domestic violence, and other serious crimes that apply for the T or U Visa under SB 1569 are not required to have a SSN as part of the eligibility criteria for GR benefits.
  Refer to 40-113 Social Security Number Requirement policy for details.
  
  
• START Program Participation - Noncitizens with T or U Visa who do not have a SSN or employment authorization will not be required to participate in job search activities. However, they will be required to participate in activities that will assist them to prepare for future employment, such as English language classes, job skills development, job-specific training, etc.
  
  Participants with physical or psychological trauma related to or arising from the victimization who are unable to comply with the START Program requirements will be temporarily exempted from the education/training program. A physician’s written statement indicating the participant’s inability to participate in education/training is acceptable.

Systematic Alien Verification for Entitlements (SAVE)

An electronic information sharing database administered by the USCIS that allows federal, state, and local benefit-granting agencies to verify an applicant’s/ participant’s immigration status or naturalized/derived citizenship.

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

Individuals who have entered the country legally with a nonimmigrant status and a visa (e.g., a student or a tourist visa) will be in the SAVE System. However, undocumented individuals’ information will not be in the SAVE System.

Preservation of the GR Application Date

Applicants who applied for GR but were denied for the reason “Potentially eligible for TCVAP/RCA benefits” will be referred to the appropriate programs via warm hand-off. Staff will determine the eligibility for the above-mentioned programs by preserving the GR application date. Refer to Call-Out #22-008, Modernization of the Refugee Cash Assistance Intake Process, dated September 9, 2022 for details.

For other program eligibility requirements, please refer to the following policies:

RCA - 69-200 Refugee Resettlement Program – Refugee Cash Assistance – Refugee Cash Assistance

CalWORKs – 70-100 Trafficking and Crime Victims Assistance Program

CalFresh – 63-405 Citizenship or Eligible Non-Citizen Status

CAPI - 49-020 Immigration Status – Qualified Alien and 49-020.1 Immigration Status - PRUCOL

All GR applicants/participants must provide acceptable verification of their immigration status at the time of application and anytime they report a change in their immigration status. Failure to provide verification may impact their eligibility to GR benefits.

Note: Applicants/participants will be assisted by Eligibility staff to obtain verification(s) when they ask for help and have made a good faith effort to provide the requested verification(s). However, the applicant/participant will be required to provide the ten-digit INA number to staff.

GR participants have the following options to return verification(s):

1. By U.S. mail or fax;
2. In person at the district office; or
3. Upload via BenefitsCal.

Acceptable USCIS Documents

T Visa 

1. Written notice or letter from USCIS confirming the I-914, Petition for T Nonimmigrant Status was received, approved, or in the appeals process;
2. I-797 or I-797C confirming the T Visa petition status; or
3. Statements from persons in official capacities (e.g., law enforcement officials or victims’ advocates) who assisted the victim with the T Visa application. 
   
   Note: A confirmation receipt printed from the USCIS website indicating a status of pending, approved, or in USCIS' appeals process is acceptable.

U Visa

1. Written notice or letter from USCIS confirming the I-918, Petition for U Nonimmigrant Status and/or I-918 Supplemental A, Petition for Qualifying Member of U-1 Recipient (if applicable) was received, approved, or is in the appeals process;
2. I-797 or I-797C indicating the status of the U Visa petition status;
3. I-766 with Code A19 or A20; or
4. Statements from persons in official capacities (e.g., law enforcement officials or victims’ advocates) who assisted the victim with the U Visa application. 
   
   Note: A confirmation receipt printed from the USCIS website indicating a status of pending, approved, or in USCIS' appeals process is acceptable. 

Refer to 42- 404 Immigrant Eligibility Chart policy for verification samples.

Applicants/participants with a T or U Visa who are working with third-party officials (e.g., advocate, law enforcement, legal aid, etc.), to obtain necessary verification, must complete/sign the ABCDM 228, Applicant's Authorization for Release of Information before any information can be released by the Department of Public Social Services.