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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 cancelation 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 these criteria, the Administrator's office should be contacted when an immigrant-related domestic violence claim is made.

Example 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. Determining Whether an Immigrant Has Been Abused or Is the Child or Parent of an Abused Individual 7.10.4 ALL To be a 'qualified immigrant,' a victim of abuse must demonstrate one of the following: that s/he was abused by a parent, spouse, or member of the spouse's or parent's family living in the same household; that s/he is a child whose parent was abused by the parent's spouse or a member of the spouse's family living in the same household. (In this situation, the child does not have to have been abused); or