Department of Human Services

Food Stamp OnlinePolicy Manual

Citizenship and Alien Status Requirement

 

Revised:

6.11

ELIGIBILITY OF SPONSORED ALIENS

Food Stamp Table of Contents

1240-1-3-.12(2)(a)

New Affidavit Signed by Sponsor

 

Applications for immigrant visas or for an adjustment of status filed on or after December 19, 1997 will be required to have a new affidavit of support (Form I-864) signed by the sponsor. The only exception is for those that enter under the classification for battered spouses and their children, and widows/widowers. If the applicant had the official interview before this date, the immigrant is not required to have the new affidavit.

In determining eligibility and amount of benefits of an alien for any Federal means-tested public benefits program, the income and resources of the sponsor and the sponsorís spouse must now be considered if the sponsor has signed a new affidavit of support.This includes:

 

1.†† All income and resources of any person who completed a new affidavit of support on behalf of the alien.

 

2.†† The income and resources of the sponsor shall be considered at application or recertification until the alien becomes a naturalized citizen or has worked 40 qualifying quarters of coverage.

 

Glossary of Terms

1240-1-3-.12(2)(b)

Old Affidavit Signed by Sponsor

 

If the old affidavit is being used and signed by a sponsor, the treatment of the sponsorís income and resources would be handled as outlined below. The income and resources of the sponsor and his/her spouse will be considered for a period of three years after the alienís entry into the United States, unless the sponsor dies or the household changes sponsors.

 

1.      Income Determination

 

Determine the gross earned and unearned income of the sponsor and the sponsorís spouse; apply the earned income deduction to any portion that is earned. Deduct the Food Stamp monthly gross income eligibility limit for household size which would include anyone that the sponsor could claim as a dependent for federal income tax purposes. The remaining amount is considered as unearned income to the alien.

 

Do not count money paid to the sponsored alien, unless it exceeds the amount of deemed income. In that case, count the amount that exceeds the deemed income in addition to the deemed amount.

 

2.      Resource Determination

 

Determine the resource amounts of the sponsor and the sponsorís spouse; subtract $1500 from the countable amount. Add the remaining resource to the alienís countable resources.

 

 

1240-1-3-.12(2)(c)

Exceptions to Counting Sponsorís Income and Resources

 

The sponsorís income and resources are not considered when:

 

1.      An alien is sponsored by an organization or group;

 

2.      An alien demonstrates that during a 12 month period in the United States, he/she has been battered or subjected to extreme cruelty by a spouse, parent or other household member. This also applies if the spouse, parent or child has been battered or subjected to extreme cruelty. The battering/cruelty must be recognized in an order of a judge or a prior determination by BCIS, and the person responsible for such battery or cruelty shall no longer reside in the same household; or

 

3.†† A sponsored alien has been determined indigent.To determine if a sponsored alien is indigent, take into account the alienís own income plus cash contributions from the sponsor and others, plus the value of in-kind contributions, the total of which does not exceed 130 percent of the poverty income level for the household size.If the alien is determined indigent, he/she is exempt from sponsor deeming.Only count the actual amount of cash support provided from the sponsor and others beginning on the date of such determination and ending 12 months after, regardless of any information that may be obtained from SAVE on the sponsor within the householdís certification period.This can be renewable for additional 12 month periods.If the county encounters this situation, notify the state office and include the names of the sponsor and the sponsored alien involved.

 

4.      The sponsor lives in the same food stamp household as the alien. Deeming does not apply because the sponsorís income and resources are already counted. There is no exemption if the sponsor receives food stamps in another household.

 

5.      The sponsored alien is ineligible for food stamps because of immigration status. The sponsorís income is not deemed to other eligible members of the immigrantís household.

 

6.      Sponsor to immigrant deeming is eliminated for children who are under 18 years of age, regardless of when they entered the United States. (Beginning October 1, 2003.)

 

Bulletin No. 11, FA-09-09

 

Food Stamp Table of Contents