WAG 03-01-04-b: Non-Citizen Victims of Trafficking, Torture or Other Serious Crimes (Medical)

PM 03-01-04-b

Verifying That a Person Filed for Status

Accept the following documentation to verify that an individual has filed for T, U or asylum status with the U.S. Citizenship and Immigration Services (USCIS):

  • Form I-797, "Notice of Action", as a receipt for their application for T, U or asylum status. The I-797 will include a case number that applicants can use to check the status of their cases online. (This form is also used for other purposes.)
  • Printouts of case status queries from the USCIS web site,
  • Acceptable proof of a pending asylum application described in WAG 03-01-04-a, or
  • Other correspondence from USCIS regarding applications, such as appointment notices and requests for evidence (RFEs).

Note: Since a person qualifies for VTTC only if they do not qualify for another medical program, a person who has a pending asylum application may qualify for medical benefits under AATV rather than VTTC.

Verifying that a Person is Preparing to File for Status

When an applicant is preparing to file for one of the above statuses, the following proofs are required from the applicant or their approved representative:

  1. A sworn written statement that he or she is a victim of one of the crimes listed above, or is a witness to one of the above crimes and is cooperating with law enforcement authorities investigating or prosecuting these crimes, and at least one item of additional credible evidence, including but not limited to any of the following:
    1. police, government agency, or court records or files,
    2. news articles,
    3. documentation from a social services, 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,
    4. a written statement from any other individual with knowledge of the circumstances that provided the basis for the claim,
    5. physical evidence,
    6. a copy of a completed visa application (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).
    7. a written notice from the federal agency of receipt of the visa application.
  2. If a person who has provided a sworn statement is unable to provide any of the additional credible evidence listed above, medical benefits may be provided under this program if the Department has determined that the individual is credible. Supervisory approval is required and the reason for approval must be documented in case notes.