PM 06-30-02
IES Process
As of December 2023, IES was programmed with new eligibility rules for the VTTC program. A noncitizen who does not qualify for a Federally funded medical program is progressed as follows:
Federal programs, such as Emergency Medical Assistance, can coexist with state-funded programs, meaning an individual may have more than one medical program on the same case.
IES 'Non-Citizens Details' Page Updates
A VTTC individual must be denoted as "UNDOCUMENTED" in the 'Non-citizen Admission Status' field, although they might have documentation that shows their relevant pending VTTC application or intention to apply VTTC visa status.
Marking "Undocumented" will enable the required VTTC questions. If the field is mistakenly marked "Documented", the necessary VTTC fields will be disabled.
Upon marking the individual as "Undocumented" the 'Asylum/Torture Victim (AATV) and Asylum, T or U Visa (VTTC) Primary Victim Information' fields will be enabled. One of the following fields must be selected as "Yes" along with the proper verification from the associated verification field.
Note: Only ONE field may be selected as "Yes", although an individual may fit more than one category. Best practice is for workers to reference the above eligibility flow chart to ensure the most beneficial program for that customer will result at certification.
After selecting "Yes" to one of the above highlighted fields the worker will then select the appropriate verification.
VTTC before 6/5/2024: Verifying that a Person is Preparing to File for T Visa, U Visa, or Asylum
When an applicant is preparing to file for a T Visa, U Visa, or Asylum, the following two verifications are required:
- A signed sworn statement that the individual is a foreign-born victim of trafficking, torture, or other serious crimes;
- Example of a sufficient signed sworn statement: "[NAME], am/is a foreign-born victim of trafficking, torture, or other serious crimes" [WRITTEN SIGNATURE].
- Details of the "trafficking, torture, or other serious crimes" should not be requested.
- Other serious crimes include but are not limited to: rape, incest, abusive sexual contact, prostitution, sexual exploitation, female genital mutilation, being held hostage, involuntary servitude, debt servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, extortion or felonious assault, manslaughter or murder.
AND
- One item of credible evidence, including but not limited to any of the following:
- police, government agency, or court records, or files;
- news articles;
- documentation from a social service, trafficking, domestic violence program or rape crisis center, or a legal, clinical medical professional, or other professional from whom the applicant or recipient has sought assistance in dealing with the crime;
- a written 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 (Ex: I-914, Application for T Non-immigrant Status, I-914, Supplement A, Application for Immediate Family Member, I-918, Petition for U Non-immigrant Status, I-918, Supplement A, Petition for Qualifying Family Member of U-1 Recipient, or I-589, Application for Asylum and for Withholding of Removal); or
- a written notice from the federal agency of receipt of the visa application.
Note: An applicant who is unable to provide an additional item of credible evidence may qualify with only a sworn statement if the Department determines the applicant to be credible.
Verifying That a Person Filed for T Visa, U Visa, or Asylum
When the applicant has indicated they have filed an application for a T Visa, U Visa, or Asylum, accept proof the application has been filed.
The sworn statement as listed above is NOT required for VTTC applicants who have already filed an application for a T Visa, U Visa, or Asylum.
T Visa - any one of the following suffices to verify that a person filed for T Visa. (Only ONE is needed).
- USCIS Form I-797 Notice of Action - review to determine status of application.
- Issued to communicate receipt, approval or rejection of an applications or petitions.
- Copy of "filed" I-914 application for T Visa submitted to USCIS; or
- Other credible evidence. Examples include any of the following:
- Documentation from a social service, trafficking, domestic violence program or rape crisis center, or a legal, or other professional from whom the applicant or recipient has sought assistance;
- Printouts of case status queries from the USCIS website;
- A copy of a completed visa application;
- A written notice from the federal agency of receipt of the visa application;
- Review correspondence from USCIS regarding applications, such as appointment notices and requests for evidence (RFEs).
U Visa - any one of the following suffices to verify that a person filed for U Visa. (Only ONE is needed).
- USCIS Form I-797 Notice of Action - review to determine status of application.
- Issued to communicate receipt, approval or rejection of an applications or petitions.
- Copy of "filed" I-918 application for U Visa submitted to USCIS; or
- Other credible evidence. Examples include any of the following:
- Documentation from a social service, trafficking, domestic violence program or rape crisis center, or a legal, or other professional from whom the applicant or recipient has sought assistance;
- Printouts of case status queries from the USCIS website;
- A copy of a completed visa application;
- A written notice from the federal agency of receipt of the visa application;
- Review correspondence from USCIS regarding applications, such as appointment notices and requests for evidence (RFEs).
Asylum - any one of the following suffices to verify that a Person Filed for Asylum. (Only ONE is needed).
- USCIS Form I-797 Notice of Action - review to determine status of application.
- Issued to communicate receipt, approval or rejection of an applications or petitions.
- Copy of "filed" I-589 application for Asylum submitted to USCIS; or
- Other credible. Evidence, examples include any of the following:
- Documentation from a social service, trafficking, domestic violence program or rape crisis center, or a legal, or other professional from whom the applicant or recipient has sought assistance;
- Printouts of case status queries from the USCIS website;
- A copy of a completed visa application;
- A written notice from the federal agency of receipt of the visa application;
- Review correspondence from USCIS regarding applications, such as appointment notices and requests for evidence (RFEs).
Entering Derivative Family Member (DFM) in IES
Derivative Family Members: spouse (prior to entering the U.S.), child, parent, or sibling under age 18 of the principal victim who is eligible for VTTC.
The principal victim is the HOH in the IES Case, and the family members must have been listed on the Individual Household page.
On the Noncitizen Details screen the HOH must be denoted as "Undocumented" for the drop-down selections below of the fields "applied or intends to apply for asylum, a T Visa or a U Visa" to appear.
If the HOH has a spouse (prior to entering the U.S.), child, parent, or sibling under age 18 in the same household, in this same screen, answer YES to the question, "Individual has Derivative Family Members?"
This question belongs to the HOH, who is the principal victim and applicant. For the other family member to be considered for benefits as Derivative Family Members, these steps must be followed. Entering derivative family members under any other member of the household will not trigger eligibility to consider them for VTTC benefits.
Once "YES" is selected, the "Derivative Family Members" page in IES will be enabled upon clicking "Save + Continue".
The IES "Derivative Family Members" page has drop-down selections based upon the household members previously listed on the Individual Household page. There are "Begin" and "End" dates because IES has a check that will prevent the same individual from being a DFM on more than one case.
For further guidance on how to enter Derivative Family Members in IES see IES Wizard: Record Derivative Family Members.
EDG/MANG P
An indicator and MANG P code were created to identify individuals approved under the VTTC program. Individuals approved under VTTC can be identified by the indicator "V" and specific MANG P code "TT".
In IES an indicator of "V" will be added to the existing AABD Type of Assistance (TOA) within eligibility summary to identify the individual as VTTC. There will be a "Special Approval Type" as Victim Trafficking, Torture, Serious Crimes viewable in the EDG Summary.
