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TCVAP (T Visa/U Visa)
Victims of trafficking and other serious crimes were previously not entitled to full scope MC or RMA benefits. SB 1569 created the Trafficking and Crime Victims Assistance Program (TCVAP) which provides full scope state-funded MC/RMA for non-citizen victims of trafficking and serious crimes.
The state-funded MC and RMA categories created by SB 1569 are limited to Trafficking Victims and their Derivative Relatives (T Visa), and Survivors of Domestic Violence and Other Serious Crimes and their Derivative Relatives (U Visa):
Trafficking Victim (T Visa)
Trafficking Victims: Non-citizen victims of a severe form of trafficking in persons (including, sex trafficking, labor trafficking, etc.) who:
- Intend to file, or
- Have filed for T Non-immigrant status (T Visa).
Important: Once the Office of Refugee Resettlement (ORR) issues letters certifying the status of the adult trafficking victims and/or child trafficking victims, federal benefits must be explored outside of the TCVAP program.
Survivors of Domestic Violence and Other Serious Crimes (U Visa)
Survivors of Domestic Violence and Other Serious Crimes: Non-citizen victims who:
- Have filed for, or
- Have been granted
Non-citizens who are eligible for U Non-immigrant status (U Visa) are victims of domestic violence or other severe criminal acts who meet all of the following:
- Have suffered substantial physical, or mental abuse as a result of having been victims of criminal activity, involving one or more of the following or any similar activity in violation of federal, state or local criminal law: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; stalking; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter; murder; felonious assault; witness tampering; obstruction of justice; perjury; fraud in foreign labor contracting; or attempt, conspiracy or solicitation to commit any of the above-mentioned crimes; and
- Possess information concerning criminal activity described above (or in the case of a non-citizen child under the age of 16, the parent, guardian, or “next friend of the alien”); and
- Have been helpful, are being helpful, or are likely to be helpful to federal, state, or local authorities investigating or prosecuting criminal activities described above (or in the case of an non-citizen child under the age of 16, the parent, guardian, or next friend of the alien); and
- Have been victims of a criminal activity (described above) that violated the laws of the U.S. or occurred in the U.S. (including Indian country and military installations) or in the territories and possessions of the U.S.
TCVAP Definitions
Severe form of trafficking in persons
- 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 obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.
- Next friend of the alien
- A person who appears in a lawsuit to act for the benefit of an alien under the age of 16, incapacitated or incompetent, who has suffered substantial physical or mental abuse as a result of being a victim of qualifying criminal activity. The next friend is not a party to the legal proceedings and is not appointed as a guardian.
Derivative Relatives
- The term “victim” includes both the primary (direct) victim and certain eligible family members, called “derivative relatives.” Derivative relatives are those who have filed or are preparing to file for T Visa or U Visa or are taking steps to meet the conditions for federal benefits eligibility. ORR does not issue separate certification letters to derivative relatives of trafficking victims. Their eligibility for federal benefits begins when the primary victim receives his or her ORR certification.
TCVAP Eligibility
To establish eligibility for benefits under the TCVAP categories, an applicant must
- Meet the immigration status documentation requirements specific to the TCVAP program and
- Meet all eligibility requirements (not related to immigration status) for MC (Group A) or RMA (Group B). The period of eligibility depends on whether or not specified visa applications have been filed and which set of program rules, MC or RMA, are applied to the case;
Note: Following implementation of the Affordable Care Act (ACA), most immigrants that would have been eligible for TCVAP benefits under RMA rules (Group B) will now qualify under MC Rules (Group A).
- Group A refers to victims that would otherwise be eligible for a full scope MC program, but do not meet the immigration status requirements for full scope MC.
- Group B refers to victims who meet the RMA income limits and all other eligibility requirements for RMA except for the immigration status requirement. Date of entry into the United States is not considered when determining the eligibility period for victims who meet the RMA eligibility rules.
Note: Following implementation of the Affordable Care Act (ACA), most immigrants that would have been eligible for TCVAP benefits under RMA rules (Group B) will now qualify under MC Rules (Group A).
TCVAP Documentation
The Eligibility Worker (EW) must determine the victim’s status based on documentation that establishes:
- The client is a victim of human trafficking, domestic violence or other serious crime;
AND
- The client has:
- Filed an application for a T Visa, is preparing to file an application for a T Visa, or otherwise taking steps to meet the conditions for federal benefits eligibility (to be certified by ORR);
OR
- Filed an application for, or has been granted a U Visa.
A sworn statement or declaration under penalty of perjury by the victim or an authorized representative is sufficient to establish that a person is a victim of a severe form of human trafficking if at least one additional item is provided, including, but not limited to:
- Police, government agency, or court records or file,
- News articles,
- Documentation from a social services, trafficking or domestic violence program or a legal, clinical, medical, or other professional assisting the client in dealing with the crime,
- A statement from any other individual with knowledge of the circumstances that provided basis for the claim,
- Physical evidence (i.e. wheelchair, bruises, or casts),
- A copy of a completed visa application, or
- Written notice from the federal agency of receipt of the visa application.
Trafficking Victim (T Visa)
TCVAP provides benefits to eligible victims of human trafficking, domestic violence, and other serious crimes who have filed for or are preparing to file for a T Visa or taking steps to become certified for federal benefits, but have not yet been granted that status.
T VISA Period of Eligibility
- GROUP A - MC Eligibility Rules
Per SB 1569, the client will receive one year of full scope MC benefits from the date of application. If an eligible victim files a T Visa application within the initial period (one year) eligibility will extend until the T Visa is granted, ORR certification takes place, or the T Visa is administratively denied.
If there is no evidence of filing for a T Visa within one year, or certification from ORR, the county will evaluate the individual for other MC eligibility and move the client to the appropriate aid code or terminate coverage if the client is not eligible for ongoing benefits.
- Group B - RMA Eligibility Rules
The client will receive eight months of full scope RMA benefits from the date of application. If an eligible victim files a T Visa application within the initial period (eight months) eligibility will extend until the T Visa is granted, ORR verification takes place, or the T Visa is administratively denied.
If there is no evidence of filing for a T Visa by the end of the eight-month period, or the certification from ORR, the EW will evaluate the client for MC eligibility and move the client to the appropriate MC aid code or terminate if the client is not eligible for MC benefits.
T Visa Documentation
Documentation that a client:
- Has filed for a T Visa;
- Intends to file for a T Visa; or
- Is taking steps to meet federal eligibility (certification by ORR), includes:
- A confirmation receipt or letter from USCIS verifying an application has been filed;
- A copy of the application for a T Visa (Form I-914);
- Statements from persons in official capacities (i.e. law enforcement officials or victims’ advocates) who have assisted or are assisting the victim with the T Visa application; or
- If no documentation is available, the client’s statement that he or she has filed or intends to apply for a T Visa, or is taking steps to become federally eligible (i.e. is working with a community-based agency to prepare to qualify for federal benefits), is acceptable.
Note: The T Visa documentation listed is required in addition to the Immigration Documentation Requirements listed above. The declaration of intent to file a T Visa must be signed under penalty or perjury in accordance with current MC declaration requirements.
Office of Refugee Resettlement Certification
ORR may certify a victim of a severe form of human trafficking who:
- Is willing to assist in every reasonable way with the investigation and prosecution or severe forms of trafficking in persons; and
- Has submitted an application to USCIS for a T Visa and the application has not been denied; or
- Has been granted “continued presence” status by USCIS because the U.S. Attorney General and the Secretary of Homeland Security have deemed the individual’s continued presence in the U.S. necessary for the prosecution of the traffickers.
T Visa Holder
After an adult client is certified by ORR, he or she is eligible for federal benefits and services to the same extent as refugees and must be re-evaluated for MC or RMA eligibility. Once a client is granted a T Visa or certified by ORR the client is eligibility for a MAGI MC determination for the life of the visa or until there is a change in immigration status.
ORR issues an eligibility letter or interim eligibility letter for minors that should be used in the same manner as certification for status as a refugee.
Family Members of Severe Trafficking Victims
Certain family members of severe trafficking victims are also eligible for RMA. Individuals who are awarded derivative T visas (T-2, T-3, T-4, or T-5) are eligible for RCA or RMA if other eligibility criteria are met.
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If an Individual is... |
Then the Derivative T Visas... |
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Under 21 years of age on the date the T Visa application is filed, |
Are available to the individual’s spouse, children, unmarried siblings under 18 years of age on the date of application, and parents. |
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Over 21 years of age n the date the T Visa application is filed, |
Are available to the individual’s spouse and children only. |
T Visa Eligibility Chart
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Status |
Alienage Coding |
RMA Aid Code |
RMA Eligibility |
MC Aid Codes |
MC Eligibility |
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Victim intends to file for T Visa and/or ORR Certification |
Alien Eligibility Code |
2V or 4V |
Twelve Months |
5V or 7V |
12 months |
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Victim has filed for T Visa and/or ORR Certification* |
Alien Eligibility code: W |
2V or 4V |
Until T Visa and/or ORR Certification is denied or granted (if granted, transfer to federal RMA or MC if still eligible |
5V or 7V |
Until T Visa and/pr ORR Certification is denied or granted (if granted, continue on MC if still eligible) |
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Victim has received T Visa and/or ORR Certification or is child victim** |
Citizen/Alien Indicator Code: O |
RMA aid code |
Treat as refugee and determine if eligible for RMA or MC |
MC aid code |
Treat as refugee and determine if eligible for RMA or MC |
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Victim has been denied T Visa and/or ORR Certification |
End TCVAP*** |
End TCVAP*** |
End TCVAP*** |
Depends on Eligibility* |
Evaluate for other MC eligibility |
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*Includes derivative relatives where the primary victim has filed for ORR certification. **Includes derivative relatives where the primary victim has received ORR certification. ***Evaluate for MC eligibility pursuant to W&I Code Section 14005.37 |
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Note: When an individual is granted a T visa are federally recognized trafficking victims and are to be treated like refugees. This means the individual is no longer eligible for the TCVAP program and must be evaluated for Medi-Cal or RMA eligibility. If the income is under 138% FPL, the individual and derivative relatives potentially qualify for MAGI MC and there is no time limit. If the income is over 138% FPL and up to 200% FPL evaluate for RMA with a twelve-month limit. The twelve-month limit begins in the month of ORR certification.
Survivors of Domestic Violence and Other Serious Crimes (U Visa)
Per SB 1569, non-citizen victims of domestic violence or other serious crimes if otherwise eligible, may receive benefits only after a request with USCIS for a U Visa has been filed. (Whereas, a trafficking victim may become eligible before submitting the application for a T Visa.)
U Visa Period of Eligibility
GROUP A - MC Eligibility Rules
-
Per SB 1569, eligibility must extend past the initial one-year period unless the U Visa is administratively denied. When TCVAP beneficiaries are granted a U Visa, their TCVAP benefits continue for the life of the visa or until their immigration status changes, whichever is sooner.
GROUP B - RMA Eligibility Rules
- The client will receive benefits beyond the initial twelve-month period unless the U VISA is administratively denied. When TCVAP beneficiaries are granted a U Visa, their TCVAP benefits continue for the life of the visa or until their immigration status changes, whichever is sooner.
U Visa Holder
Once a client is granted a U Visa the client is eligible to remain on the TVCAP aid codes (2V, 4V, 5V or 7V) for the life of the visa or until there is a change in immigration status. The immigration status must be evaluated yearly at redetermination.
U Visa Documentation
Documentation that a client has applied for a U Visa may include, but is not limited to:
- A confirmation receipt or letter from USCIS verifying that a Petition for U Non-Immigrant Status (Form I-918) has been filed.
- A Form I-797 approving a U Visa or a U Visa stamp in a passport.
- A form I-797 which serves as a fee receipt for an employment authorization request based on a U Visa application.
- A completed copy of Form I-918. If the only available evidence is the completed copy of the I-918, the applicant must provide, within a reasonable time, verification from USCIS that was submitted.
- An Employment Authorization Document (EAD) issued under category “A19” or “A20” for an approved U Visa petitioner.
- A Form I-797 which serves as a fee receipt for a Form I-485 Application to Register Permanent Residence or Adjust Status, and the first page of the applicant’s Form I-485 indicating that it is based on U Visa Status.
- An EAD issued under category “C9” along with the first page of the applicant’s Form I-485, indicating that the application to adjust to lawful permanent residence is based on U Visa status.
- A Form I-797C Extension of U Non-immigrant status.
Note: After three years in U Visa status and before the expiration of the four year U Visa, the U Visa holder is eligible to apply to adjust to lawful permanent resident status through the United States Citizenship and Immigration Services (USCIS).
U Visa Eligibility Chart
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Status |
Alienage Coding |
RMA Aid Code |
RMA Eligibility |
MC Aid Codes |
MC Eligibility |
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Victim has filed for U Visa |
Alien Eligibility code: X |
2V or 4V |
Eligible until U Visa is denied |
5V or 7V |
Eligible until U Visa |
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Victim has received U Visa |
Alien Eligibility Code: Y |
2V or 4V |
Eligible until status changes |
5V or 7V |
Eligible until status changes |
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Victim has been denied U Visa |
End TCVAP* |
End TCVAP |
End TCVAP* |
Depends on eligibility* (likely restricted-scope MC) |
Evaluate for MC Eligibility |
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* Evaluate for MC eligibility pursuant to W&I Code Section 14005.37 |
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TCVAP Aid Codes
TCVAP AID CODES:
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Aid Code |
Population |
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2V |
For victims eligible under RMA rules (Group B) without a share of cost. |
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4V |
For victims eligible under RMA rules (Group B) with a share of cost. |
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5V |
For victims eligible under MC rules (Group A) without a share of cost. |
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7V |
For victims eligible under MC rules (Group A) with a share of cost. |
TCVAP Alien Eligibility Codes
The ALIEN-ELIG field is located on the INQE screen in MEDS.
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Alien Eligibility Code |
Population |
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W |
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X |
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Y |
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Citizenship Alien Indicator/Code
The CITIZEN/ALIEN-IND field is located on the INQE screen in MEDS.
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Citizen/Alien Indicator Code |
Population |
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O |
Use this Citizen/Alien Indicator for victims of severe forms of trafficking who have been certified by ORR or who have been granted T Visa
Note: This code must be input as the letter “O” not as the number zero. |
TCVAP Process
TCVAP is a state-only MC program and aid codes are not programmed into California Healthcare Eligibility, Enrollment and Retention System (CalHEERS). These cases and individuals will be run through the Business Rules Engine (BRE) appropriately; paper verifications may be required as well as manual entries in CalSAWS and MEDS.
- Establish client TCVAP eligibility based on status and progress in the application processes for T Visa/U Visa.
- Use the following as the Date of Entry for these clients:
- For individual who enters the U.S. on the basis of a derivative T visa, the date of entry is the one that is stamped on their passport or I-94 arrival record.
- For individual who is already present in the U.S. with a derivative T visa, the date of entry is the Notice Date on the I-797, Notice of Action of approval of the visa.
- Enter client TCVAP status into the Vital Statistic field.
- TCVAP - Applied U Visa
- TCVAP - Approved U Visa
- TCVAP - CW Family
- TCVAP - Single T Visa
TCVAP Termination of Benefits
Benefits must be terminated with a 10-day notice if any of the following conditions are met:
- There is a final administrative denial of the victim’s application for a T or U Visa.
- All eligibility requirements are not met.
- A victim of human trafficking eligible for this program has not:
- Had an application for continued presence filed on his/her behalf,
- Taken steps to obtain ORR certification or recognition of eligibility as a child victim,
- Filed an application for a T Visa within eight months (RMA rules) or one-year (MC rules) from the date of application for this program, or
- For derivative relatives, this means if the primary victim has not taken steps to obtain certification or a letter of eligibility from ORR.
- The victim of human trafficking has been certified by ORR or is a child victim. This includes derivative relatives of the certified victim or child victim. In these cases, end eligibility for TCVAP and place the victim in the appropriate aid code for federally funded full scope MC or RMA, if all eligibility requirements for that program are met.
NOTE: When a person is certified by ORR, his/her twelve month period of eligibility for federally funded RMA begins on the date of his/her certification.
- The individual has been granted a T Visa. End TCVAP and evaluate for full scope MC or RMA, if all eligibility requirements are met, without a break in aid.
TCVAP Notices
- Denial for Trafficking and Crime Victims Assistance Program (DHCS 7112)
- Approval for Trafficking and Crime Victims Assistance Program (DHCS 7113)
- Discontinuance for Trafficking and Crime Victims Assistance Program (DHCS 7114)
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