Citizenship and Alien Status Requirements for the Medicaid Program

Date:  October 26, 2004 

 

14 

Trans. No.  04 OMM/ADM-7 

 

Page No. 

 

 

DERIVATIVE T-VISA 

For an individual who is already in the United States on the date 

the  derivative T visa is issued, the date of entry is the notice 

date on the I-797, Notice of Action of Approval (issued by USCIS) 

for that individual T visa. 

 

For an individual who enters the United States on the basis of a 

Derivative T visa, the Date of entry is the date stamped on the 

individual passport or I-94 Arrival Record. 

 

PRIMARY T-VISA HOLDERS 

Under the Victims of Trafficking and Violence Protection Act of 2000 

(VTVPA), adult victims of trafficking who are certified by the U.S. 

Department of Health and Human Services (HHS) are eligible for 

benefits to the same extent as refugees.  Children who have been 

subjected to trafficking are also eligible like refugees but do not 

need to be certified. 

 

For individuals who meet the criteria, the Office of Refugee 

Resettlement (ORR) will issue certification letters to victims of 

trafficking who meet certification requirements.  ORR will issue 

similar letters for children who have been subjected to trafficking.  

To receive a certification, a victim of trafficking must be willing 

to assist with the investigation and prosecution of trafficking 

cases and either  

1) have made a bona fide application for a T visa; or  

2) be an individual whose continued presence the Attorney General 

is ensuring to effectuate a trafficking prosecution. 

 

When a victim of trafficking applies for Medicaid benefits, the 

local district of social services worker must: 

 

1)

 

Accept the certification letter or letter for children in 

place of USCIS documentation.  Victims of severe trafficking 

do not need to provide any other documentation of their 

immigration status. 

 

2)

 

Call the trafficking verification line at [phone] to 

confirm the validity of the certification letter or similar 

letter for children.  

 

3)

 

Note the “entry date” for refugee benefits purposes.  The 

individual’s “entry date” for refugee benefits purposes is the 

certification date, which appears in the body of the 

certification letter or letter for children.  This is the date 

that must be entered in the WMS system in the Date of Entry 

(DOE) field. 

 

4)

 

Issue benefits to the same extent as a refugee provided the 

victim of a severe form of trafficking meets other program 

eligibility criteria (e.g. income levels). 

 

5)

 

Record the expiration date of the certification letter or 

letter for children so that re-determinations/renewals of 

eligibility can be conducted at the appropriate time.  

 

Federal Financial Participation should be claimed for Medicaid 

provided to these individuals. 

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Date:  October 26, 2004 

 

15 

Trans. No.  04 OMM/ADM-7 

 

Page No. 

 

 

5.

 

BATTERED IMMIGRANTS: 

 

Battered immigrants filing self-petitions (USCIS Form 1-360: 

Petition for Amerasian, Widow(er), or Special immigrant) who can 

establish a “prima facie” case are considered qualified immigrants 

for the purpose of eligibility for public benefits (Section 501 of 

the Illegal Immigrant Responsibility and Immigration Reform Act 

[IIRIRA]).  The USCIS reviews each petition initially to determine 

whether the self-petitioner has addressed each of the requirements 

listed below and has provided some supporting evidence.  This may be 

in the form of a statement that addresses each requirement.  This is 

called a prima facie determination.

  

When the USCIS makes a prima 

facie determination, the self-petitioner will receive a Notice of 

Prima Facie Determination from USCIS. 

 

In order to be a qualified immigrant based on battery or extreme 

cruelty, the immigrant must not currently be residing in the same 

household as the individual responsible for the battery or extreme 

cruelty and must have a petition approved by or pending with the 

USCIS that sets forth a prima facie case for one of the following 

statuses: 

•

 

Status as a spouse or child of a United States citizen under 

Sections 204(a)(1)(A)(i), (ii), (iii), or (iv) of the INA; 

•

 

Classification to immigrant status as a spouse or child of a 

lawful permanent resident under Sections 204(a)(1)(B)(i), 

(ii), (iii), or (iv) of the INA; or 

•

 

Suspension of deportation and adjustment to lawful permanent 

resident status under Section 244(a)(3) of the INA. 

 

A substantial connection between the battery or extreme cruelty 

suffered by the immigrant (or the immigrant’s child or parent) and 

the need for Medicaid benefits exists under the following 

circumstances: 

•

 

The benefits are needed to enable the immigrant and/or the 

immigrant’s child to become self-sufficient following the 

separation from the abuser; 

•

 

The benefits are needed due to loss of financial support 

resulting from the immigrant’s and/or his/her child’s 

separation from the abuser; 

•

 

The benefits are needed because work absence or lower job 

performance resulting from the battery or extreme cruelty or 

from legal proceedings relating thereto cause the immigrant to 

lose his or her job or require the immigrant to leave his/her 

job for safety reasons; 

•

 

The benefits are needed because the immigrant or his/her child 

requires medical attention or mental health counseling, or has 

become disabled as a result of the battery or cruelty; 

•

 

The benefits are needed to alleviate nutritional risk or need 

resulting from the abuse or following separation from the 

abuser; 

•

 

The benefits are needed to provide medical care during an 

unwanted pregnancy resulting from the abuser’s sexual assault 

or abuse of, or relationship with, the immigrant or his/her 

child, and to care for the resulting children; or 

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