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