Chapter 1000 - Joint Program Policies
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5101:1-2-30.3 Benefit Eligibility: Family Members of Victims of Trafficking
CAMTL 144
Effective Date: July 8, 2019

According to 22 U.S.C. 7105 (12/2018)In accordance with the Victims Protection Reauthorization Act of 2003, Pub. L. No. 108-193, 117 Stat. 2877 (2003) certain family members of a victims victim of a severe forms form of trafficking are eligible for benefits and services to the same extent as refugees.

(A)Who is considered a family member of a victims victim of trafficking?

A holder of a T-2, T-3, T-4, T-5 or T-5 T-6 visa (hereafter, "derivative T visa") is considered a family member of a victim of a severe forms form of trafficking.

(B)What are the county agency responsiblities responsibilities in determining eligibility for family members of a victims victim of a severe forms 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 verification telephone line to notify the office of refugee resettlement of the benefits for which 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 eligiblity eligibility or redetermine eligiblity eligibility in accordance with the appropriate program rules.

(4)If When the applicant meets other program eligiblity eligibility criteria (e.g. income levels), the county agency shall issue benefits and services to the same extent as a refugee.

Effective: 7/8/2019

Five Year Review (FYR) Dates: 4/18/2019 and 07/08/2024

Certification: CERTIFIED ELECTRONICALLY

Date: 06/24/2019

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