According to 22 U.S.C. 7105 (12/2018) certain family members of
a victim of a severe form of trafficking are eligible for benefits and services
to the same extent as refugees.
(A)Who is
considered a family member of a victim of trafficking?
A holder of a T-2, T-3, T-4, T-5 or T-6 visa (hereafter,
"derivative T visa") is considered a family member of a victim of a
severe form of trafficking.
(B)What are the
county agency responsibilities in determining eligibility for family members of
a victim of a severe form of trafficking?
The county agency shall:
(1)Accept the
derivative T visa of a non-immigrant (i.e., an alien who is allowed to enter
the United States (U.S.) for a specific purpose and for a limited period of
time).
(a)For an
individual who is already present in the U.S. on the date the derivative T visa
is issued, the date of entry for benefits and services is the notice date on
the I-797 form, "Notice of Action" on the individual's derivative T
visa.
(b)For an
individual who enters the U.S. on the basis of a derivative T visa, the date of
entry for benefits and services is the date of entry stamped on that
individual's passport or I-94 arrival record.
(2)Call the
trafficking victim verification telephone line to notify the office of refugee resettlement
of the benefits that the individual has applied for.
The health and human services systematic alien verification for
entitlements (SAVE) system does not contain information about non-immigrant
alien family members. The county agency shall not contact the SAVE system to
confirm eligibility for benefits.
(3)Determine
eligibility or redetermine eligibility in accordance with the appropriate
program rules.
(4)When the
applicant meets other program eligibility criteria (e.g. income levels), the
county agency shall issue benefits and services to the same extent as a
refugee.
Effective: 2/1/2022
Five Year Review (FYR) Dates: 7/8/2024
Certification: CERTIFIED ELECTRONICALLY
Date: 01/04/2022
Promulgated Under: 119.03
Statutory Authority: 5101.02, 5101.49, 5107.05
Rule Amplifies: 5101.02, 5101.49, 5107.05
Prior Effective Dates: 07/01/2005, 09/01/2008, 05/01/2014,
07/08/2019