Section 107 of the VTVPA provides that aliens:

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  who are victims of severe forms of trafficking in persons; and,

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  who have not attained 18 years of age, or

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  who have been certified in such status by the Office of Refugee Resettlement in DHHS, or

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  who were issued a child eligibility letter if under age 18, and

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  certain relatives who are in possession of an unexpired “T” non-immigrant visa,

are eligible to receive certain kinds of public benefits and services to the same extent as refugees.

Even though P.L. 106-386 states that a VSFT is eligible for federally funded State and local benefits in the same manner as refugees admitted under Section 207 of the Immigration and Nationality Act (INA), VFST applicants are not considered qualified aliens as defined in P.L. 104-193 nor do they follow the refugee admission and visa granting process.

A VSFT is a non-immigrant alien who is allowed to remain in the U.S. with the permission of law enforcement authorities to assist in the investigation or prosecution of human traffickers. Their length of stay is effective only as long as the Attorney General and the Secretary of Homeland Security determines that the applicant’s presence is necessary to prosecute such traffickers.

However, as of November 6, 2001, ORR certification letters for adults and eligibility letters for children no longer contain expiration dates. VSFTs may also remain in the U.S. under continued presence if unable to cooperate with the investigation or prosecution due to physical or psychological trauma, or by issuance of a “T” non-immigrant visa by DHS for the principal alien and some family members.

The applicant must present an original certification letter issued by the Office of Refugee Resettlement (ORR) in DHHS as evidence of the date the ORR granted VSFT status. HHS is the sole Federal agency authorized to certify adult victims of human trafficking.

P.L. 108-193, “Trafficking Victims Reauthorization Act of 2003” amended the TVPA by inserting in Section 4(a)(2) a provision for family members of principal aliens certified as VSFT. The family members (also known as “derivatives” under immigration law) may also be eligible for SSI benefits as long as they are in possession of a valid “T” non-immigrant classification and an unexpired DHS document, and meet all other SSI eligibility requirements. For evidence of VSFT status for the principal alien and the family members see SI 00502.111B.6. (in this section.)

If the alien is under 18 years of age, ORR issues a child eligibility letter. Although children do not need to be certified, “certify” and “certification” refers to both adults and children for ease of interpretation.

In relation to children, “certified” means that the child was found to be a victim of a severe form of trafficking and received an Eligibility Letter from ORR. HHS is the sole Federal agency authorized to provide Eligibility Letters to minor foreign victims of human trafficking. Certifications and Eligibility Letters are issued by ORR directly to victims. To ensure security of the information and the safety of the victim, ORR addresses the letters in care of carefully identified:

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  service providers,

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  custodians,

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  legal counsel, or

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  other appropriate intermediary entity.

VSFTs status must be verified in order to qualify for benefits.

A VSFT is exempt from the 5-year waiting period for SSI eligibility which applies to applicants admitted for permanent residence on or after August 22, 1996. To view this policy see SI 00502.135B. The exemption applies even if the VSFT alien status changed to Lawfully Permitted Residence (LPR) during their first 5 years in the U.S.

SSI eligibility is limited to the 7-year rule as described in SI 00502.106A. The eligibility period begins with the “entry date” shown on the ORR certification letter, but cannot be earlier than the SSI filing date. REMINDER: Although it rarely happens, ORR can revoke the certification letter. For revocation procedures see SI 00502.111E.1.

If the alien meets one of the other alien categories found in SI 00502.100A.2., that is not subject to the 7-year time limitation, SSI can continue indefinitely as long as all factors of eligibility are met.

VSFTs, though not qualified aliens, are specifically included in the Supplemental Security Income Extension for Elderly and Disabled Refugees Act, P.L. 110-328 by separate reference and are potentially eligible for the SSI extension provided by that law..

NOTE: Because VSFTs are in a time-limited category, ORR encourages those with a certification letter or a derivative “T” visa to apply for benefits and services as quickly as possible.  For an applicant who is already present in the United States on the date the Derivative “T” Visa is issued, the date of entry for federally funded or administered benefits and services is the Notice Date on the I-797, Notice of Action of approval of that applicant’s Derivative “T” Visa.  

For an applicant who enters the United States on the basis of a Derivative “T”-Visa (T-2 to T-5), the date of entry for federally funded and administered benefits and services is the date of entry stamped on that applicant’s passport or I-94 Arrival Record.

The certification letter issued by ORR to the principal alien is proof that the claimant meets status as a VSFT. This letter is issued after the alien attained VSFT status with DHS in the form of a T-1 non-immigrant visa. The ORR letter issued by HHS has a date of status attained (also known as “entry date”) and a phone number that technicians must call to verify such status.

Family members of the VSFT are issued a “T” non-immigrant visa after filing the corresponding Form I-914, Application for “T” Non-immigrant Status which can be filed at the same time with the principal alien in the United States, at a consular post abroad, or after arrival in the U.S. When the alien adjust status to LPR, they will be issued a DHS Form I-551 with an “ST” classification.

The following table shows the documents and class of admission issued to the principal VSFT and the family members:

REMINDER: A classification as a T or ST alien automatically implies status as VSFT. No other alien classification can be issued a T or ST class of admission. However, keep in mind that SAVE does not verify VSFT status. For verification with ORR, refer to SI 00502.111B.2. (in this section) Only use form G-845 as a last resort.

The claimant must submit the:

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  original ORR certification or,

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  child eligibility letter.

If the claimant does not have the original ORR letter, refer the claimant to the ORR verification hotline at 1-866-401-5510 to obtain another copy.

If a derivative alien (T2 to T5) files for SSI, use the immigration document to determine VSFT status per SI 00502.111B.6. (in this section).

NOTE: ORR should FedEx an original copy to the claimant.

Call the ORR verification number at 1-866-401-5510 to:

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  Verify the validity of the VSFT letter by providing the tracking number and applicant’s name as shown on the letter, and

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  Inform ORR that the VSFT claimant has applied for SSI benefits.

  NOTE: This verification process applies to both the principal alien (T-1) and the family members (T-2 to T-5).

If ORR confirms the validity of the certification or child eligibility letter, use the certification or eligibility date, (also known as the “entry date”) that appears in the body of the letter, as claimant’s SSI alien eligibility requirement date. If evidence of age is needed for SSI eligibility, accept the claimant’s date of birth shown on the ORR letter or the DHS document if available.

For the family members, follow instructions in SI 00502.111B.5. (in this section) to establish the eligibility date.

If the claimant alleges contacting the DOJ but has not received the ORR letter verifying VSFT status take the following actions:

Refer the claimant to the DOJ if they have been subjected to any of the following practices:

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  Induced to perform a commercial sex act by force, fraud or coercion;

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  Induced to perform a commercial sex act while under age 18; or

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  Recruited, harbored, transported, provided, or obtained through use of force, fraud, or coercion for subjection to involuntary servitude, peonage, debt, bondage or slavery.

  NOTE: DOJ contacts ORR to issue the certification or eligibility letter to the claimant.

If appropriate, refer the claimant to other agencies for immediate assistance per:

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  GN 00903.050 Basic Policy on I&R Services, and

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  GN 00903.100 Types of Referral Services SSA Provides.

As appropriate, provide the claimant with the following pamphlets:

Until the office of the Chief Information Officer (CIO) issues final processing instructions, code the Alien Status page as follows:

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  Enter data as if the claimant is a refugee;

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  Answer “Y” to the question “IF CODE F, REFUGEE PER SECTION 207 (Y/N). The “Y” causes the system to process a 7-year time limited eligibility award; and

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  Enter the date shown on the certification letter as the “entry date”.

  NOTE:The CIO may develop a separate, stand-alone alien category for VSFTs. In the meantime, we should code VSFTs using the refugee code of F.

Code the SSR Special Messages page as follows:

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  Enter “VSFT-TVPA of 2000” on the SSR Special Messages page;

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  Retain a copy of the evidence used to establish alien status or citizenship in the file in all cases (including MSSICS) by scanning the document into NDRED (For alien development see SI 00502.110 B); and

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  On the remarks portion of the screen, enter the following text:

  “I have not been admitted to the U.S. as a refugee under Section 207 of the INA. The Office of Refugee Resettlement has certified or determined that I meet the requirements as a VSFT under Sections 107(b)(1)(C) and 107(b)(1)(E) of Public Law 106-386, or I was granted a “T” non-immigrant visa as a family member effective MM/DD/YYYY.”

When doing a paper form SSA 450 (Claims Input Data Form) enter the following data in the AR and AQ field:

1. a. 

   AR Field: Code the first position of the AR with “F” and positions 2-5 of the AR field with the date of certification or child eligibility as it appears on the body of the ORR letter.

2. b. 

   AQ Field: Code as a refugee who is eligible for 7 years from the date of entry into the U.S. Do not code the “Alien Start Date” (ASA) since the system l determines the 7-year period of eligibility based on the “date of entry” (i.e. the date shown in the body of the certification or child eligibility.)

For VSFTs age 18 and older, ORR can terminate VSFT status when the alien no longer meets the requirements for certification.

VSFTs can have their status revoked for one of the following reasons:

1. a. 

   Certification was granted to ensure continued presence of the alien in the U.S. to effectuate prosecution and DHS and DOJ determine that the alien’s continued presence in the U.S. is no longer necessary for the prosecution of the alleged traffickers in persons; or

2. b. 

   Certification was granted based on the alien making a bona fide application for a visa, and the alien has not filed a bona fide application for a “T” non-immigrant visa under Section 101(a)(15)(T) of the INA, OR the alien’s bona fide application for a “T” visa was denied. If the principal alien’s “T” visa is denied so are the visas for the T-2 to T-5 non-immigrant relatives.

If you encounter one of the above situations, call ORR certification hotline to verify whether the applicant’s status is revoked. If ORR certifies that the alien VSFT status continues, do not take adverse action.

If the alien’s SSI is suspended or terminated as a result of one of the scenarios shown in SI 00502.111E.2. (in this section), SSI eligibility ends with the month after the month in which certification ends; for example: