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provision or obtaining of a person for the purpose of a commercial sex act induced by force, fraud or coercion, or in which the person is forced to perform such act is under the age of 18 years; or Labor Trafficking which is the 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 subjection to involuntary servitude, peonage, debt bondage or slavery. In addition, minor children, spouses and in some cases the parents and siblings of victims of severe trafficking may also be eligible for benefits.
Victims of trafficking are issued T Visas by U.S. Citizenship and Immigration Service (USCIS). Eligible relatives of trafficking are entitled to visas designated as T-2, T-3, T-4, or T-5 (Derivative T Visas). In the case of an immigrant who is awarded a T Visa, and who is under 21 years of age on the date the T Visa was filed, Derivative T Visas are available to the immigrant’s spouse, children, unmarried siblings under 18 years of age on the date on which the immigrant’s Visa application was filed as well as the parents of the immigrant victim. In the case of an immigrant who is awarded a T Visa and was 21 years of age or older; on the date the T Visa application was filed, the Derivative T Visas are available to the immigrant’s spouse and children.
2402.20.30 DEPORTATION WITHHELD UNDER SECTION 243(H) Individuals with a deportation withheld order are eligible for full-coverage Medicaid.
An immigrant who has had deportation withheld under this status will have an Order of an Immigration Judge showing deportation withheld under Section 243(h) of the INA and date of the grant. USCIS Forms I-688B annotated "274a.12(a)(10)" or I-766 annotated "A10" indicate deportation was withheld under Section 243(h) or removal withheld under Section 241(b)(3), but normally do not reflect the date of withholding. Request the person's copy of the court order. If not available, verification must be obtained from the USCIS.
2402.20.35 AMERASIAN IMMIGRANTS Certain Amerasians from Vietnam, with their close family members, have been allowed entry into the U.S. in immigrant status through the Orderly Departure Program beginning March 20, 1988. They can be eligible for full coverage Medicaid. Acceptable documentation of this status is any of the following:
• I-94 indicating codes AM1, AM2, or AM3 • I-551 indicating codes AM6, AM7, AM8 • Vietnamese Exit Visa, Vietnamese Passport, or U.S. passport if stamped by the USCIS with the codes AM1, AM2, or AM3 • Temporary I-551 stamp in foreign passport • I-571 Refugee Travel Document.