5101:1-2-30.3 Benefit eligibility: family members of victims of trafficking.

(A) The Trafficking Victims Protection Reauthorization Act (TVPA) of 2005 Public Law 109-164 strengthens and expands human trafficking laws and combats domestic trafficking by targeting the sex trade industry. Similar to the Reauthorization Act of 2003, the Reauthorization Act of 2005 authorizes appropriations and amendments to the Trafficking Victims Protection Act (TVPA) of 2000 and authorizes new funds for investigation and prosecution of domestic trafficking within the United States.

(1) The TVPA of 2003, Public Law 108-193 made certain family members of victims of a severe form of trafficking eligible for benefits and services to the same extent as refugees. Holders of T-2, T-3, T-4, or T-5 visas (collectively referred to as "Derivative T Visas") are eligible provided they meet refugee program eligibility requirements.

(2) When a "T" visa is awarded to an alien who is under twenty-one years of age as of the date the "T" visa application was filed, "Derivative T" visas are available to the spouse, children, unmarried siblings under eighteen years of age, and parents of the alien.

(3) When a "T" visa is awarded to an alien twenty-one years of age or older as of the date the T visa application was filed, the "Derivative T" visas are available to the spouse and children of the alien.

(B) Date of entry for purpose of eligibility

(1) For an individual who is already present in the United States (U.S.) on the date the "Derivative T" visa is issued, the date of entry for benefits and services is the notice date on the I-797 form, "Notice of action of approval" of that individual's "Derivative T" visa.

(2) For an individual who enters the U.S. on the basis of a "Derivative T" visa, the date of entry for benefits and services is the date of entry stamped on that individual's passport or I-94 arrival record.

(C) County department of job and family services (CDJFS) procedure

The CDJFS shall:

(1) Accept the non-immigrant (an alien who is allowed to enter the United States for a specific purpose and for a limited period of time) T-2, T-3, T-4, or T-5 visa.

(2) Call the trafficking verification telephone line to notify the office of refugee resettlement (ORR) of the benefits for which the individual has applied.

The systematic alien verification for entitlements (SAVE) system does not contain information about nonimmigrant alien family members. The CDJFS shall not contact the SAVE system to confirm eligibility for benefits.

(3) Determine and issue benefits to the same extent as a refugee, provided the "Derivative T" visa holder meets all program eligibility requirements.

Effective: 09/01/2008
R.C. 119.032 review dates: 06/11/2008 and 09/01/2013
Promulgated Under: 119.03
Statutory Authority: 5101.02 , 5101.49 , 5107.05 , 5115.05
Rule Amplifies: 5101.02 , 5101.49 , 5107.05 , 5115.05
Prior Effective Dates: 7/1/05