PM 06-30-01: Program Eligibility

WAG 06-30-01

Special Non-Financial Eligibility Requirements

To qualify for medical benefits as a foreign born victim of trafficking, torture or other serious crimes, an individual must have applied for, or are preparing to file an application with the U.S. Citizenship and Immigration Services (USCIS) for, "T" Non-immigrant status, "U" Non-immigrant status, or Asylum status.

To qualify as a "Derivative Family Member", the person must be the spouse, child, parent, or sibling under age 18 of the principal victim who is eligible, or potentially eligible for one of the above statuses. A spouse must have been married to the principal victim before the principal victim entered the United States.

T Non-immigrant Status

The "T" non-immigrant status, also known as the T Visa, was created to provide immigration protection to victims of a severe form of human trafficking. Under Federal law, the term "severe forms of trafficking" can be broken into two categories:

  1. Sex trafficking: recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act where the commercial sex act is induced by force, fraud, or coercion, or the person being induced to perform such act is under 18 years of age.
  2. Labor trafficking: recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery.

U Non-immigrant Status

The "U" non-immigrant status, or U Visa, is designated for victims of certain crimes who have suffered mental or physical abuse because of the crime and who are willing to assist law enforcement and government officials in the investigation of the criminal activity. Examples of qualifying criminal activities include, but are not limited to, the following activities:

  • Abduction
  • Abusive Sexual Contact
  • Debt servitude
  • Extortion
  • False Imprisonment
  • Female Genital Mutilation
  • Felonious Assault
  • Held Hostage
  • Incest
  • Involuntary Servitude
  • Kidnapping
  • Manslaughter
  • Murder
  • Obstruction of Justice
  • Prostitution
  • Rape
  • Sexual Exploitation
  • Slave Trade
  • Torture
  • Trafficking
  • Unlawful Criminal Restraint
  • Other related crimes

Asylum Status

A non-citizen may apply for asylum if they are unable or unwilling to return to their country of origin due to a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

Additional Non-Financial Eligibility Requirements

A person must also meet the following eligibility requirements:

  • Is an Illinois resident.
  • Is 19 years of age or older.
  • Is not otherwise eligible for medical assistance.

Note: Individuals under this program are exempt from Social Security Number requirements.

Financial Eligibility Requirements

To be eligible under this program, a person must:

  • Have countable monthly income at or below the regular AABD MANG community income standard (see PM 15-06-02-a), and
  • Have non-exempt resources at or below the AABD community medical resource disregard level (see PM 07-02-01).

Cases in this program cannot be enrolled in spenddown.