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Effective: June 1, 2011 |
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11.20.30ar3 - Trafficking Victims (Archive) |
Archived: June 1, 2012 |
A noncitizen who is forced into the international sex trade, prostitution, slavery and forced labor through coercion, threats of physical violence, psychological abuse, torture and imprisonment is a victim of severe forms of trafficking.
The Office of Refugee Resettlement (ORR) of the U.S. Department of Health and Human Services (HHS) issues certification letters for adults who meet the requirements for certification as trafficking victims. The ORR issues similar confirmation letters for children under age 18. The letters include an initial eligibility date and an expiration date eight months later. ORR will issue follow-up certification letters for people who continue to meet the requirements for certification as victims of trafficking after the initial eight-month period.
The USCIS may grant some trafficking victims a Nonimmigrant T Status (T Visa) to allow them to remain in the United States to assist in an investigation or prosecution for human trafficking.
People who are certified as trafficking victims or have a nonimmigrant T visa are potentially eligible for federally funded health care (Medical Assistance with federal financial participation, or MinnesotaCare program LL or FF) regardless of date of entry or length of time in the U.S. They are also potentially eligible for Refugee Assistance Program funding.
Nonimmigrant T visa holders may apply for adjustment of status to Lawful Permanent Resident (LPR) after three years of continuous presence in the United States, however, this is not required.
Require one of the following as verification of trafficking victim status:
l The ORR letter. Also call the trafficking verification line at (202) 401-5510 to confirm the validity of the claim as shown on the letter. Do not require any other U.S. Citizenship and Immigration Services (USCIS) documentation.
If an applicant appears to meet the criteria for certification as a trafficking victim but does not have a letter from ORR, contact the DHS Resettlement Program Office at (651) 431-3809, or call the following numbers:
n Adults: (202) 401-4561 or (202) 401-5702.
n Children under age 18: (202) 420-4732.
l Notice of Action Form I-797, Notice of Action, granting nonimmigrant T status with attached Form I-94 Arrival/Departure Record.
l A copy of the person’s passport with a nonimmigrant T visa along with a copy of the attached Form I-94 Arrival/Departure Record evidencing that the person was admitted into the United States with a nonimmigrant T status.
Trafficking victims who do not have a Medical Assistance (MA) basis of eligibility may be eligible for Refugee Medical Assistance (RMA) for their first eight months in the U.S.
See the Combined Manual (CM0011.03.30) and POLI/TEMP TE02.258 (Trafficking Victims Q&A) in MAXIS for additional background on this status.