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Trafficking and Crime Victims Assistance Program (TCVAP)
The Trafficking and Crime Victims Assistance Program (TCVAP) is a state-funded program that provides critical support, benefits, and services to victims of human trafficking, domestic violence, and other serious crimes who are not eligible for federally-funded benefits and services. The TCVAP provides individuals, who meet program eligibility criteria, with state-funded benefits comparable to those provided to refugees.
Applications for TCVAP Cash Assistance shall be determined within 30 days. When an Immediate Need is identified, the application is to be processed expeditiously. Aid should not be withheld awaiting proof of registration for employment services.
The federal TVPA of 2000 established human trafficking as a federal crime and created two non immigrant visas:
- T-Visa for victims of human trafficking and
- U-Visa for victims of domestic violence and other serious crimes.
Both Visas provide victims with a means to remain in the United States (U.S.) while cooperating with law enforcement in the investigation or prosecution of the perpetrator.
Senate Bill 1569 - State-Only Program
The TCVAP was authorized by Senate Bill 1569, and became effective on January 1, 2007, requiring the implementation of the state-funded TCVAP for trafficking, domestic violence and other serious crime victims who are not eligible to federal programs based on their immigration status. The TCVAP provides individuals, who meet program eligibility criteria, with state-funded benefits comparable to those provided to refugees.
Office of Refugee Resettlement (ORR) Certification
The U.S. Department of Health and Human Services, ORR, may certify a victim of a trafficking, domestic violence or other serious crime who is willing to assist with the investigation and prosecution; and
- Has made an application to the Bureau of USCIS for a “T” or “U” Visa and the application has not been denied; or
- Is a trafficking victim whose “Continued Presence” (CP) in the U.S. has been requested by law enforcement.
Note: CP can be required by various law enforcement agencies on behalf of a trafficking victim to assist with an investigation and/or prosecution. CP is a temporary status that delays or prevents deportation and is granted in one year increments. Domestic violence and serious crime victims are not granted CP as it is implicit in their status to assist law enforcement with the investigation or prosecution.
Once an adult trafficking victim has been certified (receives a T or U Visa) by ORR, he/she is eligible for federal benefits and services to the same extent as refugees.
Human Trafficking Victims
Federal law defines human trafficking to mean:
- Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
- The recruitment, harboring, transportation, provision, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
Eligibility For Services and Benefits
Determining eligibility for TCVAP benefits and services for trafficking victims is a multi-step process. The EW must determine if the applicant is:
- A trafficking victim;
- Preparing to become federally eligible;
- Eligible to TCVAP benefits and services, including employment training, provided that eligibility requirements are met (i.e. income and resource limit).
Step 1- Determine if Client is a Trafficking Victim
Verification
A sworn statement “under the penalty of perjury” is sufficient to verify if an applicant is a trafficking victim. The statement can be completed by the applicant or the applicant’s representative, if the applicant is unable to make a competent sworn statement. Additional verification is not required however may be provided if available. The following types of corroborating evidence that can be provided include:
- Police, government agency, or court records or files;
- News articles;
- Documentation from a social services, trafficking, or domestic violence program, or a legal, clinical, medical, or other professional from whom the applicant or recipient has sought assistance in dealing with the crime;
- A statement from any other individual with knowledge of the circumstances that provided the basis for the claim;
- Physical evidence; or
- A copy of a completed T Visa application (Form I-914).
Some TCVAP applicants may have entered the country legally with non-immigrant status (e.g., a student or tourist visa). These individuals will be in the SAVE system and may be eligible for TCVAP benefits if a crime against them occurred while they were present in the United States.
Reminder: If the applicant cannot provide any verification, a sworn statement under “penalty of perjury” is sufficient and must be documented in case comments.
Step 2: Determine if Client is Preparing to Become Federally Eligible
In order to determine eligibility for the TCVAP, the applicant must verify that they are taking steps or are preparing to take steps towards obtaining federal eligibility as a certified victim of human trafficking.
The following acceptable types of verification include:
- A confirmation letter or a receipt from USCIS that an “Application for T Non immigrant Status” (I-914) has been filed and has not been denied; or
- A sworn statement “under penalty of perjury” that the applicant intends to or is taking steps to file an application for a I-914 (this may include working with a community-based organization or a law enforcement agency); or
- Verified statements from law enforcement officials or advocates who are assisting the victim with the I-914 process; or
- Verified statements from federal; law enforcement officials that CP has been requested because the applicant is assisting or willing to assist in the investigation or persecution of human traffickers.
Note: CP is a temporary immigration status granted annually that allows individuals to remain in the U.S. during the investigation of the crimes committed against them.
Mr. Tam, who is an undocumented single adult with no children, applies for TCVAP Cash Assistance. He states that he is a victim of trafficking, but has no corroborating evidence. He makes a sworn statement that he is a trafficking victim and that he intends to apply for a T Visa. The EW documents in case comments that Mr. Tam’s self attestation of trafficking status is credible.
If he meets the program eligibility criteria, Mr. Tam is eligible to receive TCVAP Cash Assistance. Even though he has no documentation, a sworn statement saying that he is a victim of human trafficking is sufficient to find him eligible for TCVAP benefits.
Step 3: Determine Eligibility for TCVAP Benefits
Use the following table to determine eligibility for TCVAP benefits:
| Applicant completes an application for Cash Aid. Note: Applicant may not have applied for/received a SSN. |
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During the intake interview, it is learned that the individual is a noncitizen who is a Victim of Human Trafficking AND the individual:
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The individual gives a sworn statement that the individual is a victim of human trafficking, AND:
OR 2. If the individual cannot provide additional evidence but the worker makes a determination documented in the case file that the applicant is credible.
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Determine if the applicant meets the program eligibility requirements based on the individual's family make-up, income, resources, etc.
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Termination of TCVAP Eligibility
Eligibility for TCVAP benefits will be terminated under the following situations:
| If the client... | Then... |
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Has not applied for a T Visa within one year of applying for aid or A request on behalf of the client for CP has not been made within one year of applying for aid, |
The client is not eligible for federal or state funded benefits and the case must be discontinued. |
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Has provided verification that a T Visa application has been approved by USCIS and/or Has been certified by ORR |
The client is eligible for federally-funded benefits and the state-funded benefits must be terminated. |
| Has had the T Visa application denied by USCIS, | The client is not eligible for federally-funded benefits and state-funded benefits must be terminated. |
If the principal victim is later determined ineligible for TCVAP benefits and services, it is the responsibility of the EW to evaluate the eligibility of any remaining members of the assistance unit.
Exception: If the client has not filed for their T Visa within one year however federal law enforcement has made a request for CP on behalf of the client, then the client continues to be eligible.
Ms. Vang, who is single with one child, was determined to be an eligible trafficking victim based on the fact that she was preparing to apply for a T Visa. Her date of application for TCVAP CalWORKs was May 1, 2013. The EW gave her a deadline of April 30, 2014 to provide verification that she had applied for a T Visa or had been granted CP. Ms. Vang failed to provide the required verification by the deadline and her TCVAP CalWORKs was discontinued.
Ms. Vang is not eligible because she must apply for a T Visa or be granted CP within one year from the date of her application for benefits.
Mr. Tanaka is single with no children and has been receiving TCVAP Cash Assistance for four months. His T Visa was finally administratively denied by USCIS. Mr. Tanaka notified the EW that his T Visa was denied. Even though his eight-month time limit on aid has not been reached, he is no longer eligible for TCVAP Cash Assistance.
Victims of Domestic Violence and Other Serious Crimes
TCVAP also provides critical benefits and services to noncitizen victims of domestic violence and other serious crimes. The U-Visa is available to noncitizen victims of qualifying crimes who have suffered substantial physical and/or mental abuse as a result of having been victims of criminal activity; have information about the criminal activity; and were helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. The qualifying criminal activities involving, or similar to, the following violations: rape, torture, incest, domestic violence, sexual assault, and numerous other felonies.
Eligibility For Services and Benefits
- Unlike human trafficking applicants, to be eligible for TCVAP benefits and services, domestic violence and other serious crime victims must have proof that they have either filed for or received a U Visa. (Domestic violence and other serious crime victim applicants cannot use a sworn statement as proof of eligibility and must provide documentation that they have filed an application for or have been approved for a U Visa to be eligible for TCVAP benefits) and
- Meet the income and resource limits
Documentation
Once the applicant has provided proof that they have filed for or been granted a U Visa, the county must accept this documentation as sufficient evidence that they are a victim of a crime. Additional verification can not be requested regarding the circumstances of their victimization.
Note: The CalWORKs requirement to obtain a sworn statement from domestic violence victims does not apply to TCVAP applicants.
Required documentation for determining TCVAP eligibility must include at least one of the following:
- The applicant’s U Visa; or
- A confirmation receipt or letter from the USCIS verifying that an application for U Visa has been filed; or
- A fee receipt (Form I-797) for an employment authorization request based on an application for a U Visa; or
- A copy of an application for a U Visa (Form I-918); or
- An EAD issued under Category “A19” or “A20” for an approved U Visa applicant.
Note: Unlike victims of human trafficking, domestic violence and serious crime victims are not granted Continued Presence (CP). For most noncitizen victims of domestic violence and/or a serious crime, it is implicit in their status to assist or prepare to assist law enforcement with the investigation or prosecution of criminal activities.
Ms. Ali, who is married with no children, has a non-immigrant tourist visa and applied for TCVAP Cash Assistance. Her husband is not with her in the U.S. She claims that she has been a victim of a serious crime and has a copy of a completed application for a U Visa (Form I-918) that was submitted to the USCIS. If she meets other program eligibility criteria, she is eligible for TCVAP Cash Assistance. Though she is married, her husband is in another country and has no bearing on her case.
Ms. Givon is a single mother of three children and has applied for CalWORKs. She stated that she was a victim of a serious crime. The EW asked her if she has proof of applying for a U Visa and she stated that she plans to apply, and has consulted with an attorney for assistance with the application. Ms. Givon is not eligible for TCVAP CalWORKs until she can provide required documentation verifying that she has applied for a U Visa. Eligibility shall be determined as promptly as possible within no more than 30 days from the date of application.
Reminder: Victims of domestic violence and other serious crimes cannot make a sworn statement, and must provide proof that an application for a U Visa has been filed.
Eligibility Determination Process for Victims Of Domestic Violence and Other Serious Crime
Use the following chart to assist in determining a clients eligibility to TCVAP:
| Applicant completes an application for Cash Aid. Note: Applicant may not have applied for/received a SSN. |
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During the intake interview, it is learned that the individual is a noncitizen who is a Victim of Domestic Violence or Other Serious Crime AND the individual:
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The individual provides the folllowing documentation:
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Determine if the applicant meets the program eligibility requirements based on the individual's family make-up, income, resources, etc.
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Termination of TCVAP Eligibility
TCVAP benefits and services for victims of domestic violence and other serious crimes will be terminated when the client’s U Visa is administratively denied or when the program time limitation has been reached, whichever occurs first. It is the client’s responsibility to notify the EW of the change in immigration status.
If the principal victim is later determined ineligible for TCVAP benefits and services, it is the responsibility of the EW to evaluate the eligibility of the remaining assistance unit members, if applicable.
Mr. Ancona, who is single with no children, applied for TCVAP benefits and provided proof that he filed an application for a U Visa with USCIS, and met all other eligibility criteria for TCVAP Cash Assistance. He began receiving TCVAP Cash benefits on May 1, 2014. On July 15, 2014, he received his U Visa from the USCIS and notified the EW of his change in status. Because there is no federal program for victims of domestic violence and other crimes, he was no longer eligible and was discontinued from TCVAP Cash on December 30, 2014, when his eight-month time limit was reached. As the client has legal status with the receipt of the U Visa, the client can be referred to apply for General Assistance (GA) or the Cash Assistance Program for Immigrants (CAPI).
Ms. Petrov, who is single with one minor child, had her application for a U Visa approved by the USCIS. She is eligible and was approved for TCVAP CalWORKs benefits. If she remains otherwise eligible, she will continue to receive TCVAP CalWORKs benefits until her time limit on aid is reached. It is correct to continue her CalWORKs benefits until her time limit is reached because she has an approved U Visa.
Ms. Chang is a domestic violence victim with a U Visa and has one child, who is a U.S. citizen. Ms. Chang has been terminated from TCVAP CalWORKs because she reached her time limit on aid. She is no longer eligible for TCVAP CalWORKs benefits unless she meets an exception. Because the child is a U.S. citizen, the EW is responsible for evaluating the child’s continued eligibility for CalWORKs benefits.
TCVAP Benefits and Services
The state-funded TCVAP benefits and services are equivalent to federally-funded benefits available to refugees and certified human trafficking victims. Applicants must meet all income, resource, and other program eligibility requirements. State-funded benefits and services that TCVAP-eligible individuals may qualify for include:
- TCVAP Cash Assistance
- TCVAP CalWORKs
- TCVAP Employment and Social Services
- California Food Assistance Program (CFAP)
Eligibility And Documentation Criteria For Family Members
Certain family members (derivatives) of victims of trafficking, domestic violence, and other serious crime victims may be eligible for TCVAP benefits and services, if they meet the following eligibility criteria:
- Non-citizen family members who have a T-2, T-3, T-4, T-5, or T-6 Visa or U-2, U-3, U-4, or U-5, referred to as derivative Visas, are eligible for TCVAP benefits and services provided they meet other program criteria (e.g., age, income levels, etc.)
- A principal victim who was granted a T or U Visa and who was under 21 years old on the date the T or U Visa application was filed, has derivative T or U Visas available to their spouse, children, parents, and unmarried siblings who were under 18 years old on the date the T or U Visa application was file.
- A victim who is granted a T or U Visa and who was 21 years old or older on the date the T or U Visa application was filed, derivative T or U Visas are generally only available to the victim’s spouse and children.
When a derivative T or U Visa holder applies for benefits or services, the EW must accept the derivative T or U Visas as documentation of TCVAP eligibility for family members. Standard eligibility determination procedures must be followed to issue benefits to derivative T and U Visa holders in accordance with the eligibility requirements of the program for which they are applying.
Ms. Nguyen is a trafficking victim and meets the TCVAP eligibility requirements. Ms. Nguyen has a spouse and no children. Her spouse is undocumented and is not a trafficking victim, but she has applied for a derivative T Visa on his behalf. Ms. Nguyen and her husband are eligible for TCVAP Cash Assistance.
Welfare-to-Work Requirements
An EAD, also known as a work permit, authorizes a non-citizen to work in the U.S. for a period of time, usually one year. An EAD can be granted at the same time that a T or U Visa is granted.
The following TCVAP applicants/clients will be work authorized:
- A person who has been granted CP by a federal law enforcement agency; and
- A person who has been granted a T or U Visa by the USCIS.
The following TCVAP applicants/clients will not be work authorized:
- A person who is in the U.S. with no legal immigration status; and
- A person, who is in the U.S. with a non immigrant status a temporary basis, such as tourism or study, may or may not be work authorized.
If a TCVAP applicant/client is not work-authorized, they cannot legally work in the U.S., therefore employment-directed training and education must be appropriate to the situation. TCVAP clients who are not work-authorized must not be required to participate in job search activities.
Welfare-to-Work (WTW) Exemptions
An exemption may be granted if a TCVAP client has physical or psychological trauma related to or arising from the victimization that impedes his/her ability to comply with WTW activities. A physician must provide written verification specifying that the illness or injury is serious enough to prevent his/her participation in the program.
TCVAP clients who are victims of domestic violence and who are participating in the CalWORKs program may be eligible for additional services, including a temporary waiver of program requirements, if needed.
Program Time Limits
Specific program time limits are as follows:
- 12 months for TCVAP Cash Assistance and
- 60 months for TCVAP CalWORKs clients.
Time limits are consistent with RCA and CalWORKs programs. If time limits change in either program, those changes will also apply to TCVAP time limits.
Once a client has been certified by the ORR as a trafficking victim, the client shall be transferred to an equivalent federal program available to refugees.
TCVAP Cash Assistance clients transferring into the federal RCA program start a new twelve-month eligibility time limit. However, TCVAP CalWORKs clients, who are transferring into the federally equivalent CalWORKs program, do not begin a new eligibility period. The 60-month time limit does not start over.
Adjustment of Status
T and U Visa holders are required to file for adjustment of status to a Legal Permanent Resident no later than 90 days prior to the third anniversary of the approval of their Visa. Failure to apply for adjustment of status will result in the termination of their Visa at the end of four years.
Case Transfers to Federally Funded Programs
Adult TCVAP clients who have received a certification letter from the ORR, whether or not they have been granted a T Visa, are eligible for federal benefits and services to the same extent as refuges, if otherwise eligible. Once the certification letter has been issued, the client is no longer eligible for state-funded TCVAP benefits and services, and the case must be updated from the state-funded aid code to a federally-funded aid code. It is the trafficking certification letter, not the T Visa, which confers eligibility for federal benefits. The certification letter will contain in its body a date of certification (sometimes called a date of eligibility). The date of certification will serve as the “date of entry” for all federal benefit programs.
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Documentation |
State Eligible |
Federally Eligible |
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Preparing to apply for T Visa |
YES |
NO |
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Applied for T Visa |
YES |
NO |
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T Visa granted |
YES |
NO* |
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Received certification letter (Trafficking Victims Only) |
NO |
YES |
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Preparing to apply for U Visa |
NO |
NO |
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Applied for U Visa |
YES |
NO |
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U Visa Granted |
YES |
NO |
Note: It is the certification letter, not the Visa, which confers eligibility for federal benefits. State-Only RCA is time-limited to no more than twelve months from the date of application. Benefits may already have been terminated due to program time limit requirements which still apply.
Reminder: TCVAP Cash Assistance recipient cases shall be switched from state (TCVAP) to federal (RCA) effective the date of certification without a break in service. A new twelve-month period of federal RCA may commence.
Case Records
In addition to the required program forms and documents, TCVAP case records must include the following, when applicable:
- Documentation to verify trafficking status; or
- Documentation that the applicant has filed an application or intends to file an application for a T Visa; or
- The trafficking victim’s sworn statement that they are a victim of human trafficking, in absence of any other documentation; or
- Documentation verifying that the applicant has filed for or been granted a U Visa.
TCVAP Aid Codes
TCVAP Cash Assistance- 1V Aid Code
The 1V aid code applies to single adult TCVAP Cash Assistance recipients only.
TCVAP CalWORKs (Trafficking Victims Only)- R1 Aid Code
The R1 aid code applies to non-citizen TCVAP CalWORKs trafficking victims who are otherwise ineligible for federally-funded benefits and services due to immigration.
Related Topics
Unaccompanied Refugee Minor (URM) Program
Refugee Programs - Time Eligibility