|
|
|
|
IMA POLICY MANUAL
PART IV: NON-FINANCIAL ELIGIBILITY REQUIREMENTS
VICTIMS OF SEVERE FORMS OF TRAFFICKING OR DOMESTIC VIOLENCE 7.10
| ALL |
Certain abused immigrants are considered 'qualified immigrants,' even if, in the absence of the abuse, they would not be considered 'qualified.' These victims of battery, extreme cruelty or trafficking in persons are provided special exceptions from the general restrictions on non-citizens’ eligibility for benefits. |
Victims of Severe Form of Trafficking 7.10.1
| ALL |
Immigrants who are found to be victims of severe forms of trafficking in persons are considered qualified immigrants and are eligible for benefits to the same extent as refugees.
“Severe forms of trafficking in persons” means:
- Ssx trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
- the recruitment, harboring, transportation, provision, or obtaining of a peson for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
|
Determining if an Immigrant is a Victim of Severe Forms of Trafficking 7.10.2
| ALL |
The Office of Refugee Resettlement (ORR) within the U.S. Department of Health and Human Services must determine if an immigrant is a victim of severe forms of trafficking. Adult victims of trafficking receive certification letters from ORR confirming their status. Children under 18 are not certified by ORR, but receive letters similar to the adult certification letter, stating that they are victims of trafficking.
Certifications of trafficking are valid for eight months from the date of issuance and are subject to renewal thereafter.
Since ORR is the only entity that can determine if an immigrant is a trafficking victim, no verification of immigration status is needed from INS to establish eligibility for these persons. |
Victims of Domestic Violence 7.10.3
| ALL |
To be a 'qualified immigrant' based on domestic violence-related criteria, an individual must meet each of the following requirements:
- be abused or be the parent or child of an abused individual;
- have an approved or pending petition for a family based immigrant visa, self-petition for an immigrant visa, or application for cancellation of removal/suspension of deportation filed on the basis of abuse;
- have a need for assistance that has substantial connection to the abuse; and
- not currently live with the abuser
Remember: Not all qualified immigrants are eligible for program benefits. If an immigrant is determined 'qualified' based on the above domestic violence-related criteria, the SSR must still determine whether s/he meets the immigration-related requirements of the particular program for which the individual is applying.
Because of the difficulty determining eligibility under this criteria, the Administrator's office should be contacted when an immigrant-related domestic violence claim is made.
| Mrs. Sanchez and her daughter apply for Medicaid. She and her daughter are determined to be qualified immigrants based on their status as victims of domestic violence. Mrs. Sanchez and her daughter entered the U.S. in 1997 and, thus, are subject to the "five-year-bar." That is, Mrs. Sanchez and her daughter are ineligible for Medicaid because they are in their first five years in the United States. Despite being a qualified immigrant, they are ineligible for program benefits. | |
|
|
|
|
