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Families and Children Manual Section: Non-Financial Eligibility Requirements Policy Manual Number: 005.015 Chapter: Qualified Non-Citizens

August 1, 2024

Division of TennCare 7 i. An LPR; or ii. An honorably discharged veteran, an active-duty member of the U.S. Armed Forces, or a spouse, an unmarried dependent child, or an unremarried surviving spouse of an honorably discharged veteran or active-duty member of the U.S. Armed Forces.

e. Adjustment to LPR Status within Seven-Year Eligibility Period

A qualified non-citizen subject to the seven-year eligibility time limit can adjust his status to LPR within the seven-year period. Non-citizens who adjust to LPR status within the seven-year period are not subject to the five-year bar and remain potentially eligible for benefits as an LPR beyond the seven-year period of eligibility.

Note: A COFA migrant who adjusts to LPR status is subject to the five-year bar and may be ineligible for benefits as an LPR, unless the individual meets another exception to the five-year period of ineligibility per CMS SHO #21-005.

7. Victims of Trafficking

The Trafficking Victims Protection Act (TVPA) of 2000 allows victims of human trafficking and non- citizens classified as nonimmigrants under Section 101(a)(15)(T) of the INA who are physically present in the U.S. to receive federally funded benefits and services to the same extent as refugees. Victims of human trafficking are non-citizens who are eligible to receive a special visa and benefits once they are identified.

a. Assistance Available to Victims of Human Trafficking

Adult victims of human trafficking who are certified by the U.S. Department of Health and Human Services (HHS) and are otherwise eligible may receive Medicaid in any Medicaid category available. Children under age 18 do not have to be certified by HHS to receive benefits. For an adult victim of trafficking to receive certification, she must:

i. Be a victim of human trafficking as defined by the TVPA or a non-citizen classified as a nonimmigrant under Section 101(a)(15)(T) of the INA; ii. Be willing to assist with the investigation and prosecution of traffickers; and iii. Have completed a bona fide application for a T Visa that has not been denied, or have received continued presence status from the U.S. Department of Homeland Security.

b. The T Visa - Under the TVPA of 2000

The T Visa was established to allow victims of severe forms of trafficking to become temporary residents of the U.S. The Trafficking Victims Protection Act recognizes that returning victims to their country of origin is often not in the best interest of victims and those victims need the opportunity to rebuild their lives without the threat of deportation. After three years since the first