T VISA and U VISA

CalSAWS Case Flags

EWs must enter one of the following case flags as appropriate for tracking purposes:

“T VISA Appl - GA after TCVAP”
“T VISA Appl - GA after RCA”
“U VISA Appl - GA after TCVAP”

GA Applications After TCVAP

Prior to issuing benefits, the Eligibility Worker (EW) MUST verify the immigration status of the noncitizen by accessing the information from the TCVAP case and imaging, and must verify the twelve consecutive months of TCVAP (aid code 1V) in MEDS.

Note: Do not request “Systematic Alien Verification for Entitlement” (SAVE). This system does not contain information about Trafficking Victims.

Follow the process below to determine GA eligibility after the twelve months of TCVAP:

IF an application for T VISA has...

Then...

Been filed

The client may be eligible for GA until the client receives the certification letter from the ORR.

NOTE: EW must inform the client that he/she must report any changes in immigration status within 10 days, such as the receipt of the ORR Letter. In addition, the EW must review the client’s immigration status at each reinvestigation and SAR 7 processing.

NOT been filed within the 12 month from the application of TVCAP

The GA benefits must be denied, or discontinued at the end of the twelve month from the application of TCVAP benefits.

NOTE: A case alert must be created to monitor filing of a T VISA application. An SCD 50 must be sent to the client on month eleven requesting verification of the filing of T VISA application by the end of month twelve.

T VISA Applicants - GA Eligibility Determination Process

Applying for GA After TCVAP Eligibility Period

If the client has not received TCVAP benefits (aid code 1V):
1. Deny the GA application as client is potentially eligible for State benefits.Use denial NOA GA 239- Policy 202
2. Refer the client to apply for TCVAP State benefits.
If the twelve consecutive months of TCVAP benefits (aid code 1V), were approved less than 12 months ago:
1. If the client has not filed a T VISA application:
  1. Approve GA (if otherwise eligible)
  2. Add appropriate case flag in CalSAWS
  3. Create a case alert and send an SCD 50 on the 11th month of TCVAP benefits (aid code 1V) to request verification that a T VISA application is filed. Reminder: Clients must file a T VISA application within 12 months of the approval of TCVAP benefits.
    1. If the verification is received, continue GA benefits until client receives ORR certification letter.
    2. If the verification is not received, discontinue GA benefits at the end of the 12th month with timely NOA GA 069 or CalSAWS 4.
2. If the client has filed a T VISA application:
  1. Approve GA (if otherwise eligible).
  2. Make appropriate CalSAWS entries and refer to VS as appropriate.
  3. Inform client that he/she must report any change on immigration status and report the receipt of the ORR Certification Letter within 10 days.
  4. Review immigration status at every RRR and SAR 7 processing.
    1. NOTE: GA benefits must be discontinued if the T VISA application is denied. GA is also discontinued when certification letter from ORR is received. Clients must apply for RCA for twelve months.
If it has been more than twelve months since the approval of TCVAP (aid code 1V):
1. If a T-VISA application has not been filed:
  1. Deny GA benefits with NOA # GA 239- Policy 102.
  2. Note the requirement in the "Other" box.
  3. NOA CalSAWS 3- Verifications needed may also be used.
2. If a T-VISA application has been filed
  1. Approve GA (if otherwise eligible).
  2. Make appropriate CalSAWS entries and refer to VS as appropriate.
  3. Inform client that he/she must report any change on immigration status and report the receipt of the ORR Certification Letter within 10 days within 10 days.
  4. Review immigration status at every RRR and SAR 7 processing.
    1. NOTE: GA benefits must be discontinued when client receives the certification letter from ORR and client

Applying for GA After ORR Certification Letter is Received

If the Client applies for GA after receiving ORR Certification Letter then the EW determines GA eligibility as follows:

If the client has not received the twelve consecutive months of RCA (aid code 01):
1. Deny GA with NOA # GA 239, GA policy 202
2. Refer client to apply for 12 months of RCA.
  1. Reminder: Individuals with an ORR Certification letter are potentially eligible for federal benefits through the RCA program.
If the client has received the twelve consecutive months of RCA (aid code 01) and the ORR certification letter is less than 33 months old (2 years and 9 months):
1. Approve GA (if otherwise eligible).
2. ”Make appropriate CalSAWS entries and refer to VS as appropriate.
3. Remind clients that they MUST apply for adjustment of status to a LPR, NO LATER than 90 days prior to the third anniversary of the approval of their VISA and must report changes in immigration status within 10 days.
4. Review immigration status at every RRR/SAR7 processing
  1. If Verification of Adjustment of Status is received:
    1. Continue GA benefits
    2. Inform client to report changes in immigration status within 10 days
    3. Update CalSAWS when the LPR card is received.
  2. If Verification of Adjustment of Status is not received
    1. Discontinue GA benefits with timely NOA # GA 069 or CalSAWS 4
If the client has received the twelve consecutive months of RCA (aid code 01) and the ORR certification letter is more than 33 months old (2 years and 9 months):
1. Deny GA benefits for failure to comply with program requirements. NOA GA 239- Policy 102
  1. (Client must have applied for adjustment of status)
  2. Note: Client can reapply for GA when they can provide verification of an application of adjustment of status.

U VISA Applicants Applying for GA after the TCVAP Program Eligibility Period

If the Client applies for GA and states that she is a victim if domestic violence or other serious crimes then the EW makes eligibility determination as follows:
If the client has not applied for TCVAP:
1. Deny the GA application as client is potentially eligible for State funded benefits. Use NOA # GA 239 - GA Policy 202.
2. Refer client to apply for TCVAP State benefits.
If the client has used the twelve consecutive months of TCVAP and U VISA is approved or pending:
1. Approve GA (if otherwise eligible).
2. Make appropriate CalSAWS entries and refer to VS as appropriate.
3. Remind clients that they MUST apply for adjustment of status to a LPR NO LATER than 90 days prior to the third anniversary of the approval of their VISA and must report changes in immigration status within 10 days.
4. Review immigration status at every RRR/SAR7 processing.
  1. If Verification of Adjustment of Status is received:
    1. Continue GA benefits
    2. Inform client to report changes in immigration status within 10 days
    3. Update the appropriate information in CalSAWS when the LPR card is received.
  2. If Verification of Adjustment of Status is not received:
    1. Discontinue GA benefits with timely NOA
    2. # GA 069 or CalSAWS 4
If the client has used the twelve consecutive months of TCVAP and U VISA is denied:
1. Deny GA benefits as client does not meet non-citizen status.
2. Explore eligibility through Director’s Exception.

GA MUST BE DENIED If a Domestic Violence and Other Serious Crimes victim applies during the TCVAP eligibility period.

T VISA Eligibility Determination Chart

This chartchart may used as a guide in the GA eligibility determination for a T VISA applicant