Sponsor Income and Assets 400-19-45-40-30

(Revised 6/1/10 ML #3218)

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(N.D.A.C. 75-02-01.2-28 (3))

 

For purposes of this section, sponsor deeming is a process used to determine the eligibility for and amount of TANF benefits that a Lawful Permanent Resident (LPR) may receive. The State must consider the income and assets of the sponsor and the sponsor’s spouse available to the sponsored LPR when determining eligibility for and the amount of TANF as defined in this section.

 

Title IV of PRWORA 1996 as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) and the Balanced Budget Act (BBA) of 1997 created a new affidavit of support requirement for sponsors of certain LPR’s and new rules for deeming income and assets from the sponsor to the LPR. In particular, section 423 of PRWORA, as amended, added section 213A to the INA, which directed the Attorney General to develop a new, legally enforceable affidavit of support, Form I-864, “Affidavit of Support under Section 213A of the Act” that must be executed by certain sponsors. The I-864 Affidavit became effective on December 19, 1997.

Note: The I-864 Affidavit is required for most family-based immigrants, and some employment-based immigrants. All immigrants who have an I-864 Affidavit are LPR’s.

 

To be a sponsor, the individual executing the I-864 Affidavit, must:

  1. Be a citizen or national of the United States or a lawful permanent resident of the United States,
  2. Be at least 18 years of age,
  3. Be a resident in the United States or any of its territories or possessions, and
  4. Demonstrate the means to maintain a gross annual household income of at least 125% of the Federal Poverty Level (FPL) (100% of FPL, if the sponsor is on active duty in the Armed Forces of the US and is sponsoring a spouse or child) for the sponsor's household size.

Note: For purposes of the I-864 Affidavit, the sponsor's household size includes the sponsor, all persons who are related to the sponsor by birth, marriage, or adoption and who live at the same residence as the sponsor, and any other dependents whom the sponsor has lawfully claimed on the sponsor's personal Federal income tax return (even if those dependents do not live with the sponsor), plus all aliens included in the current affidavit of support, and any LPR’s who have been previously sponsored under section 213A of the Act, unless the obligation has terminated.

 

When an LPR is sponsored in accordance with an I-864 Affidavit, the sponsor’s income and assets as well as the income and assets of the sponsor’s spouse must be deemed to the LPR, with the following exceptions:   

  1. LPR’s who applied for an immigrant visa at a consular office or adjustment of status to LPR before December 19, 1997;
  2. Qualified aliens who are sponsored by an organization or who are not LPR’s and who are not required to have a sponsor (e.g. refugees, asylees, parolees, and Cuban and Haitian entrants);
  3. LPR’s who entered as Refugees or Asylees and whose status was adjusted to LPR;
  4. Victims of severe forms of trafficking;
  5. Non-citizens, including US nationals, who do not have to have sponsors; and
  6. Non-citizens whose sponsors signed affidavit(s) of support other than the I-864 Affidavit of Support.  

 

Sponsor deeming would not apply for a 12-month period if:

  1. The sponsored LPR or certain family members have been determined a victim of domestic violence or extreme cruelty, and

Note: The 12-month period can be extended if the abuse or cruelty is recognized by a court order, an Administrative Law Judge, or the INS, AND the victim does not live with the batterer.

  1. The sponsored LPR would be indigent (unable to obtain food and shelter without government assistance). If determined indigent, then only the amount of income and assets actually provided by the sponsor or the sponsor’s spouse would be deemed to the LPR.  Each indigent determination is renewable for additional 12-month periods.

Note: To determine if the LPR is indigent, the amount of the LPR’s income plus any cash, food, housing or other assistance provided by other individuals including the sponsor, cannot exceed 125% of the Federal Poverty Level for the size of the LPR’s household.

 

When an LPR’s is sponsored in accordance with an affidavit other than the I-864 Affidavit, deeming of the sponsor’s income and assets as well as the income and assets of the sponsor’s spouse does not apply.