Ill. Admin. Code tit. 89 § 112.308

Current through Register Vol. 48, No. 45, November 8, 2024

Section 112.308 - Responsibility of Sponsors of Non-Citizens Entering the Country On or After 8/22/96

a) This Section applies to all non-citizens who entered the country on or after August 22, 1996, and whose sponsors signed an Affidavit of Support under Section 213A of the Immigration and Nationality Act.

b) This Section applies to all non-citizens except the following:

1) persons paroled under Section 212(d)(5) of the INA for at least one year and who entered the United States before August 22, 1996;

2) persons granted asylum by the U.S. Attorney General under Section 208 of the INA;

3) persons admitted as Cuban or Haitian Entrants;

4) persons admitted by application before April 1, 1980, under Section 203(a)(7) of the INA;

5) persons admitted as refugees by application after March 31, 1980, under Section 207 of the INA; and

6) persons whose deportation is being withheld under Section 243(h) of the INA.

c) Certain amounts of the income and assets of a sponsor of a non-citizen and the sponsor's spouse, if they live together, are deemed to be available unearned income of the individual non-citizen applying for or receiving assistance if:

1) the sponsor signed an Affidavit of Support under Section 213A of the INA assuring the non-citizen will not become a public charge;

2) the sponsor is not a recipient of TANF or SSI; and

3) the non-citizen is not a child or spouse of the sponsor.

d) A sponsor is an individual, private organization or agency or public organization or agency.

e) The spouse's income and assets will be counted even if the sponsor and spouse married after the agreement was signed.

f) The sponsor, if found able to support the non-citizen wholly or partially, is liable for the needs of the individual non-citizen only. The sponsor is not responsible for the needs of the spouse or child or children of the non-citizen if he or she did not sponsor them.

g) If two or more non-citizens applying for assistance are sponsored by the same sponsor, the income of the sponsor deemed available is divided equally among the non-citizens.

h) The sponsor's income and assets available to meet the needs of the non-citizen are determined in the following manner:

1) Determination of Available Income

A) Disregard 20 percent, not to exceed $175, of the earned income of the sponsor or of the sponsor and sponsor's spouse, if they live together. This includes net earnings from self-employment, allowing business expenses incurred in the production of self-employment income.

B) Add the unearned income of the sponsor and spouse, if they live together.

C) Deduct three times the TANF payment level for the size of the sponsor's family unit. This includes the sponsor and other individuals living with the sponsor who are claimed as federal tax dependents.

D) Deduct any amount paid to individuals outside the home whom the sponsor claims as federal tax dependents.

E) Subtract any alimony or child support paid to individuals not living with the sponsor.

2) Income remaining is applied to the needs of the non-citizen.

3) Determination of Sponsor's Assets

The asset disregard for a sponsor of a non-citizen is $1500. The same assets are exempt for a TANF case as provided in Section 112.151.

i) If non-exempt assets are more than the $1500 disregard, the amount over the disregard shall be considered as available to the non-citizen.

j) The sponsor's income and assets shall be deemed available to meet the needs of the non-citizen until the non-citizen is naturalized or has worked 40 qualifying quarters of coverage as specified in Section 421 of the Personal Responsibility and Work Opportunities Reconciliation Act of 1996.

Ill. Admin. Code tit. 89, § 112.308

Amended at 23 Ill. Reg. 13898, effective November 19, 1999