Revised on: February 5, 2024
This section provides clarifying information to support benefit determination for survivors of certain crimes. Relevant WAC sections include:
Who are survivors of certain crimes?
Survivors of certain crimes are noncitizens and their qualifying family members, who have filed, or are preparing to file an application with U.S. Citizenship and Immigration Services (USCIS) for:
For full definitions, see WAC 388-424-0001.
“Preparing to file” means a survivor is preparing to request a T-Visa (for trafficking victims), a U-Visa (for victims of qualifying crimes), or asylum, but has not yet submitted an application to USCIS.This may be for a number of reasons, including the need to gather information for their application, or because the survivor needs to recover from physical, mental, and/or emotional abuse.
Human trafficking is a form of modern-day slavery in which traffickers force their victims into sexual slavery, commercial sexual exploitation, or forced labor through coercion, fraud, threats, psychological abuse, torture, or imprisonment. Trafficked noncitizens may be eligible for a T-Visa through USCIS.
Victims of qualifying crimes are noncitizens who suffered substantial mental or physical abuse as a result of a qualifying crime that happened in the U.S. or violated U.S. laws and may be eligible for a U visa through USCIS. To be eligible for a U-Visa, victims:
Applicants for asylum are persons who flee their country and are unable, or unwilling, to return due to persecution or a well-founded fear of persecution on the basis of their race, religion, nationality, political opinion, or membership in a particular social group. For the full definition, see EA-Z Manual - Definitions, Clarifying Information, #16.
Note: If a client is going through the asylum application process and provides proof of that process, they become non-qualified lawfully present aliens.
The only verification needed to meet the definition of a survivor of certain crimes is a verbal self-attestation by the applicant. Self-attestation must include the applicant stating:
If an individual states that they are applying for asylum and that the crime happened in their country of origin or they do not initially offer that the crime was one of the crimes described in WAC 388-424-0001(4)(c)(ii)(A)-(C), the individual is not a survivor of certain crimes. Do not ask for further details, but code the individual in ACES as a lawfully present non-qualified alien who is an asylum applicant.
No other documentation or evidence is necessary to verify that an applicant is a survivor of certain crimes. An applicant’s verbal self-attestation is sufficient for program eligibility determination.
Alternative evidence may also be provided in lieu of a verbal self-attestation, only if preferred by the applicant. This may include but isn’t limited to:
Qualifying family members are defined in WAC 388-424-0001. They don’t include a family member charged with or convicted of a crime committed against the survivor spouse or a child of the spouse.
A written or verbal statement from the survivor that speaks to how they are related to a qualified family member may be accepted as verification of relationship.
Survivors of certain crimes may be eligible for the following state-funded assistance programs, provided they meet all other eligibility requirements for those programs and are not already eligible under other citizenship and immigration rules:
All survivors of certain crimes (and their qualifying family members) who are eligible for SFA, ABD or HEN Referral, may be eligible for Medical Care Services (MCS) if not already eligible for federally funded medical programs.
Note: Pregnant women who are survivors of certain crimes may be eligible for Apple Health for Pregnant Women. See Apple Health for Pregnant Women | Washington State Health Care Authority for more information.
Survivors of certain crimes do not likely meet the minimum work requirements for a Working Family Support payment due to their immigration status (WAC 388-493-0010). As a reminder, staff are required to review each household to determine if Working Family Support benefits are an option.
All SFA recipients are required to participate in WorkFirst services. For survivors who are not eligible to work, these services may be geared towards preparing for future employment. This includes English language training, job skills development, job-specific training, etc. Please see WorkFirst Handbook 5.2 for more information.
10. Are survivors of certain crimes subject to the public charge rule if they receive public assistance benefits?
The receipt of public assistance is only one of several factors that USCIS considers to determine whether someone is likely to be a “public charge” and is therefore inadmissible. Any survivor of certain crimes assistance applicant or recipient should be directed to consult with an immigration attorney with questions regarding “public charge”. For more information: Public Charge Information | DSHS (wa.gov).
If an applicant asks questions regarding eligibility for specific immigration visas or statuses, staff are to advise them to seek advice from an immigration attorney.
Applications from survivors of certain crimes should be handled the same as all other applications for cash or food assistance, with the exception of the verification policy below.
Absence of these documents does not affect an applicant’s eligibility for benefits. Don’t run applicants’ information through SAVE because the majority of applicants don’t have an immigration status, or may have an expired immigration status.
What are the documentation requirements for staff?
When verifying an individual is a survivor or a qualifying family member, workers should document the following in the ACES case narrative:
The following ACES coding is used to issue benefits to survivors of certain crimes:
Only use this coding when an applicant qualified for assistance as a survivor of certain crimes is preparing to file an application with USCIS. If they have already filed an application for status with USCIS, they may be eligible for benefits as a non-qualified or qualified alien. Assess based on verification provided and proceed based on that information.
No, the only verification that is required in order to continue benefits is verbal self-attestation that the recipient is a survivor and is continuing to prepare to file, per WAC 388-424-0035.
If the recipient states that they applied for asylum, a T visa, or a U visa with USCIS, staff are to request e verification (a copy of receipt). The survivor may also provide their USCIS receipt number verbally, allowing staff to check the USCIS website directly to verify an application has been filed. In a scenario where verification was requested and the individual failed to provide the receipt and/or the worker cannot verify via the USCIS website that an application was filed, the individual would still be eligible for continued benefits, based solely on their self-attestation that they are continuing to prepare to file.
Once new verification is received from the recipient, workers should:
Update the client’s Citizenship status information in ACES; and
Establish eligibility for benefits.