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Victims of Serious Crimes and Undocumented Persons
Victims of Domestic Violence and Other Serious Crimes
Definition
Victims of domestic violence and other serious crimes are persons who have suffered substantial physical and/or mental abuse as a result of having been victims of criminal activity 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.
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 cannot 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 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.
Refer to CalWORKs Handbook Chapter 60, Section 60.2.4 for additional information on victims of domestic violence and other serious crimes.
Undocumented Persons
Definition
Undocumented persons are noncitizens who are not authorized to be or remain in the U.S. Undocumented persons generally do not have valid, current documents. These include persons who:
- Entered the U.S. without legal entry.
- Entered the U.S. as a nonimmigrant but violated the conditions of their stay; that is they worked without authorization by, or overstayed the allowed period.
- Entered with fraudulent documents or without proper documents and are deportable on the grounds that they should have been excluded.
Rule
Undocumented persons are immediately deportable and are not authorized to work unless the has given specific work authorization. Special work authorization may be given for the following reasons:
- Persons waiting for adjudication of an adjustment of status application
- Persons waiting consular appointments for visas
- Persons with pending political asylum applications.
Related Topics
Noncitizen Categories & USCIS Codes Introduction
Asylees and Authorization to Work