04/02/2024
Policy Memo
This memo provides clarification to:
- MR #17.19: Medical Benefits for Non-Citizen Victims of Trafficking, Torture or Other Serious Crimes, dated 12/13/2017.
- Policy Memo, Cash and Food Assistance for Non-Citizen Victims of Trafficking, Torture, or Other Serious Crimes, dated 02/21/2018.
- Policy Memo, Cash and Food Assistance for Non-Citizen Victims of Trafficking, Torture, or Other Serious Crimes (VTTC) - Clarification, dated 02/24/2023.
- Policy Memo, Medical Benefits for Asylum Applicants and Torture Victims (AATV) & Victims of Trafficking, Torture or Other Serious Crimes (VTTC), dated 1/23/2024.
Summary:
- This memo clarifies the verifications required for initial applications of VTTC Assistance for Cash, Food Assistance and/or Medical assistance when an individual:
- Is preparing to file for a T Visa, U Visa, or Asylum; or
- Has filed for a T Visa, U Visa, or Asylum.
- VTTC applicants who qualify for benefits based on preparing to file or intending to apply for a T Visa, U Visa, or Asylum status are required to file a formal application for status within one year after the date of their initial application for VTTC benefits unless they have a good basis for the failure to file.
Verifications differ for applicants who have applied for a T Visa, U Visa, or Asylum and for applicants who are preparing to file/intend to apply for a T Visa, U Visa, or Asylum.
Citizenship/USCIS Status
To qualify for VTTC assistance, at least one individual in the household must have filed, or is preparing to file for:
- Non-immigrant T Visa;
- Non-immigrant U Visa; or
- Asylum.
Note: Individuals who meet Citizenship/USCIS status for VTTC assistance must meet all other financial and non-financial factors of eligibility.
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:
1. 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
2. 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 above listed sworn statement 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.
- 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.
- 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.
- 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).
[signed copy on file]
Dulce M. Quintero
Secretary-Designate, Illinois Department of Human Services
Elizabeth M. Whitehorn
Director, Illinois Department of Healthcare and Family Services