Clarifying Information

Who are survivors of certain crimes ?

Survivors of certain crimes are noncitizens and their qualifying family members, who have filed, or are preparing to file an application with U.S. Citizenship and Immigration Services (USCIS) for:

T-Visa (for trafficking victims),

U-Visa (for victims of qualifying crimes), or

Asylum status and have been harmed by one of the specific crimes described in WAC 388-424-0001(c)(ii)(A)-(C) .

For full definitions, see WAC 388-424-0001 .

What does "preparing to file" mean?

“Preparing to file” means a survivor is preparing to request a T-Visa (for trafficking victims), a U-Visa (for victims of qualifying crimes), or asylum, but has not yet submitted an application to USCIS.This may be for a number of reasons, including the need to gather information for their application, or because the survivor needs to recover from physical, mental, and/or emotional abuse.

Who are victims of human trafficking?

Human trafficking is a form of modern-day slavery in which traffickers force their victims into sexual slavery, commercial sexual exploitation, or forced labor through coercion, fraud, threats, psychological abuse, torture, or imprisonment. Trafficked noncitizens may be eligible for a T-Visa through USCIS.

Who are victims of qualifying crimes?

Victims of qualifying crimes are noncitizens who suffered substantial mental or physical abuse as a result of a qualifying crime that happened in the U.S. or violated U.S. laws and may be eligible for a U visa through USCIS. To be eligible for a U-Visa, victims:

Must possess information about the qualifying crime;

Must establish with USCIS that they suffered substantial physical or mental abuse as a result of the crime; and

Are, were, or are likely to be assisting law enforcement in the investigation or prosecution of the criminal activity.

Who are applicants for asylum?

Applicants for asylum are persons who flee their country and are unable, or unwilling, to return due to persecution or a well-founded fear of persecution on the basis of their race, religion, nationality, political opinion, or membership in a particular social group. For the full definition, see EA-Z Manual - Definitions, Clarifying Information , #16.

Note: If a client is going through the asylum application process and provides proof of that process, they become non-qualified lawfully present aliens.

What verifies an applicant meets the definition of a survivor of certain crimes ?

The only verification needed to meet the definition of a survivor of certain crimes is a verbal self-attestation by the applicant. Self-attestation must include the applicant stating:

They were harmed by a crime and have filed or are preparing to file an application with USCIS for a T visa or U visa; or

They were harmed by a crime as described in WAC 388-424-0001(4)(c)(ii)(A)-(C) and have filed or are preparing to file an application with USCIS for Asylum.

If an individual states that they are applying for asylum and that the crime happened in their country of origin or they do not initially offer that the crime was one of the crimes described in WAC 388-424-0001(4)(c)(ii)(A)-(C) , the individual is not a survivor of certain crimes. Do not ask for further details , but code the individual in ACES as a lawfully present non-qualified alien who is an asylum applicant.

No other documentation or evidence is necessary to verify that an applicant is a survivor of certain crimes. An applicant’s verbal self-attestation is sufficient for program eligibility determination.

Alternative evidence may also be provided in lieu of a verbal self-attestation, only if preferred by the applicant . This may include but isn’t limited to:

Police, government agency, or court records or files;

Documentation from a social services, trafficking, or domestic violence program;

A legal, clinical, medical, or other statement from a professional, from whom the applicant has sought assistance in dealing with their situation; or

A statement from an individual with knowledge of the circumstances that provides the basis for the survivor's claim (including signed sworn statement by survivor’s advocate).

Who are qualifying family members?

Qualifying family members are defined in WAC 388-424-0001 . They don’t include a family member charged with or convicted of a crime committed against the survivor spouse or a child of the spouse.

A written or verbal statement from the survivor that speaks to how they are related to a qualified family member may be accepted as verification of relationship.

What benefits are survivors of certain crimes potentially eligible for?

Survivors of certain crimes may be eligible for the following state-funded assistance programs, provided they meet all other eligibility requirements for those programs and are not already eligible under other citizenship and immigration rules:

Food Assistance Program for Legal Immigrants (FAP) – see WAC 388-400-0050

Aged, Blind, or Disabled (ABD) – see WAC 388-400-0060

Housing and Essential Needs (HEN) Referral – see WAC 388-400-0070

State Family Assistance (SFA) - see WAC 388-424-0010

All survivors of certain crimes (and their qualifying family members) who are eligible for SFA, ABD or HEN Referral, may be eligible for Medical Care Services (MCS) if not already eligible for federally funded medical programs.

Note: Pregnant women who are survivors of certain crimes may be eligible for Apple Health for Pregnant Women. See Apple Health for Pregnant Women | Washington State Health Care Authority for more information.

Survivors of certain crimes do not likely meet the minimum work requirements for a Working Family Support payment due to their immigration status ( WAC 388-493-0010 ). As a reminder, staff are required to review each household to determine if Working Family Support benefits are an option.

Are survivors of certain crimes eligible for WorkFirst services?

All SFA recipients are required to participate in WorkFirst services. For survivors who are not eligible to work, these services may be geared towards preparing for future employment. This includes English language training, job skills development, job-specific training, etc. Please see WorkFirst Handbook 5.2 for more information.

10. Are survivors of certain crimes subject to the public charge rule if they receive public assistance benefits?

The receipt of public assistance is only one of several factors that USCIS considers to determine whether someone is likely to be a “public charge” and is therefore inadmissible. Any survivor of certain crimes assistance applicant or recipient should be directed to consult with an immigration attorney with questions regarding “public charge”. For more information: Public Charge Information | DSHS (wa.gov) .

If an applicant asks questions regarding eligibility for specific immigration visas or statuses, staff are to advise them to seek advice from an immigration attorney.