Sponsors and Sponsored Aliens 430-05-30-60-30

(Revised 01/01/04 ML2893)

View Archives

Sponsored Aliens

Sponsored aliens may be eligible or ineligible aliens who have been sponsored by an individual. The sponsor has agreed to support them as a condition of the alien’s admission into the U.S. as a permanent resident. The sponsor must execute an affidavit of support (INS Form I-864 or I-864A) on behalf of the alien pursuant to section 213 of the INA.

The following aliens are exempt from the sponsored alien provisions:

An alien who is sponsored by an organization or a group as opposed to an individual.
An alien who is not required to have a sponsor under the Immigration and Nationality Act such as but not limited to a refugee, asylee, parolee, or Cuban/Haitian entrant.
An indigent alien that is unable to obtain food and shelter taking into account the alien’s own income plus any cash, food, housing, or other assistance provided by other individuals including the sponsor(s). For purposes of this provision, unable to obtain food and shelter means that the sum of the eligible sponsored alien's household’s own income, the cash contributions of the sponsor and others, and the value of any in-kind assistance the sponsor and others provide, does not exceed 130 percent of poverty income guidelines for the household’s size. The worker must determine the amount of income and other assistance provided in the month of application.

If the alien is indigent, the worker must deem to the indigent alien the amount actually provided by the sponsor or other assistance provided by other individuals. The determination of indigent alien ends 12 months after the determination is made. At the end of the 12 months, a new determination can be made. The County must forward the name of the sponsor(s) and the indigent alien to the State Office.

An alien who is participating in the program as a member of their sponsor's household.
A battered alien spouse, alien parent of a battered child, or a battered alien for 12 months after the worker determines that the battering is substantially connected to the need for benefits and the battered individual does not live with the individual who battered them.

After 12 months, the worker must not deem the sponsors’ income and assets if the battery is recognized by a court or by INS and has a substantial connection to the need for benefits and the alien does not live with the batterer.

Awaiting Verification

A sponsored alien is ineligible for program benefits until all necessary facts, including verification, are obtained. The eligibility of any remaining household members must be determined. The assets and income of the ineligible alien (excluding the assets and income of the alien’s sponsor and sponsor’s spouse) must be treated in the same manner as a disqualified individual, and considered available in determining the eligibility of the remaining household members.

If the information or verification is later received, the worker must act on the information as a reported change in household size in accordance with the timeliness standards.

If the sponsored alien is ineligible for failure to provide necessary facts, other adult members of the alien's household (including the spouse) then become responsible for necessary information and/or verification to determine eligibility for remaining household members.

If the same sponsor is responsible for the entire household, the entire household is ineligible until such time as the household provides the needed sponsor information or verification. The worker must assist aliens in obtaining verification if needed.

Deeming Assets

In determining eligibility and level of benefits of a household of which an eligible sponsored alien is a member, the worker must deem the assets of the sponsor and the sponsor’s spouse if the sponsor and/or the sponsor’s spouse has executed INS Form I-864 or I-864A.

Exception:

An immigrant child under the age of 18 is not subject to the deeming requirements.

Assets are deemed as follows:

The total amount of assets of the sponsor and the sponsor’s spouse reduced by $1,500.
If a sponsored alien provides the names and identifying information of other aliens sponsored by his or her sponsor, the amount deemed and counted as an asset is divided by the number of aliens sponsored by the sponsor.
If the sponsored alien fails to provide the names and identifying information of other aliens sponsored by his or her sponsor, the worker must count the total amount of assets as available.

The assets of a sponsor and the sponsor’s spouse are deemed to the alien until such time as the alien:

Achieves U.S. citizenship through naturalization;
Has worked or can receive credit for 40 qualifying quarters of work; or
The sponsor dies.

Beginning January 1, 1997, no quarter counts if the alien received any Federal means tested public benefit during the quarter. Federal means-tested assistance programs for this provision are: Food Stamps, Medicaid, SSI, and TANF.

Deeming Income

In determining eligibility and level of benefits of a household of which an eligible sponsored alien is a member, the worker must deem the total monthly countable earned and unearned income of the sponsor and the sponsor’s spouse if the sponsor and/or the sponsor’s spouse has executed INS Form I-864 or I-864A.

Exception:

An immigrant child under the age of 18 is not subject to the deeming requirements.

Income is deemed as follows:

The 20% earned income disregard is applied to any portion of earned income, and;
Reduce by the gross income limit equal to the size of the sponsor and sponsor’s spouse's household. This includes any other person who is claimed or could be claimed by the sponsor or the sponsor’s spouse as a dependent for IRS purposes.
If a sponsored alien provides the names and identifying information of other aliens sponsored by his or her sponsor, the amount deemed and counted as income is divided by the number of aliens sponsored by the sponsor.
If the sponsored alien fails to provide the names and identifying information of other aliens sponsored by his or her sponsor, the worker must count the total amount of income as available.
Any amount remaining after these reductions is the amount of income deemed and counted to the sponsored alien’s household.

The income of a sponsor and the sponsor’s spouse is deemed as unearned income to the sponsored alien until such time as the alien:

Achieves U.S. citizenship through naturalization.
Has worked or can receive credit for 40 qualifying quarters of work, or
The sponsor dies.

Beginning January 1, 1997, no quarter counts if the alien received any federal means-tested public assistance during that quarter. Federal means-tested public assistance programs for this provision are: Food Stamps, Medicaid, SSI, and TANF.