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COMBINED MANUAL

ISSUE DATE 01/2019

NON-CITIZENS - TRAFFICKING VICTIMS

0011.03.30

The Office on Trafficking in Persons (OTIP) within the Administration for Children and Families (ACF) at the US Department of Health and Human Services (HHS) is responsible for issuing certification/eligibility/interim assistance letters for victims of trafficking who meet criteria. Once granted, HHS certification/eligibility/interim assistance establishes eligibility for federal and state benefits to the same extent as a refugee.

● Certification Letters Issued to an adult victim of trafficking who has been granted Continued Presence or a T Visa, or has a pending application for a T Visa. Certification letters do not expire. Eligibility for benefits and services begins on the date of certification listed in the letter.

● Eligibility Letters Issued to child victims of trafficking (under the age of 18), who do not need to be certified to receive federal and state benefits and services. HHS issues an eligibility letter stating that a child is a victim of a severe form of trafficking and is eligible for benefits and services. Eligibility Letters do not expire. Eligibility for benefits and services begins on the date of eligibility listed in the letter.

● Interim Assistance Letters Issued to children who may be victims of trafficking while OTIP determines whether the child is a victim of a severe form of trafficking. An interim assistance letter establishes eligibility for federal and state programs and services. Interim Assistance Letters expire after 90 days, and are extendable for an additional 30 days while this determination is in process. Eligibility for benefits and services begins on the interim assistance start date listed in the letter.

● Derivative T-Visa Issued to certain immediate family members of trafficking victims.

Persons with derivative T status do not receive, and are not required to present, a Certification Letter or Eligibility Letter to demonstrate eligibility for benefits and services.

For a family member already in United States when T status is granted, the date of eligibility for benefits and services is the notice date on the Notice of Action of approval of that individual’s Derivative T status.

For a family member who enters the United States on the basis of a Derivative T Visa, the date of eligibility for benefits and services is the date of US arrival.

When establishing benefit eligibility for victims of trafficking:

● Do not require proof of U.S. Citizenship and Immigration Services (USCIS) documentation.

● Accept HHS certification letters for adult victims and eligibility or interim assistance letters for victims under age 18 as proof of status for conferring eligibility for benefits. Retain a photo copy in the case file and return the original copy to the applicant.

The HHS letters contain a toll-free trafficking verification telephone number. You must call the Trafficking Victim Verification Line at 1-866-401-5510 to verify the validity of a claim before providing benefits to the applicant, and to notify ORR of the type of benefits for which the applicant is applying.

The HHS letters contains a certification, eligibility or interim assistance date. Use this date as the person’s “entry date” for purposes of benefit eligibility.

If an Interim Assistance Letter expires prior to determination of eligibility as a victim of trafficking, do not automatically close the case. Call the trafficking verification line at 1-866-401-5510 to verify ongoing eligibility for benefits and services.

● Trafficking victims may not yet possess standard identity documents, such as driver’s licenses and social security cards. Do not delay or deny the application because of lack of identity documents. The HHS letter and HHS phone verification satisfy identity and status eligibility.