GENERAL RULE Aliens must verify U.S. residency and have eligibility determined according to the rules in FS 111-2.
DEFINITIONS:
1. A sponsored alien is a person lawfully admitted for permanent residence to the U.S. for whom a person (the sponsor) has executed an affidavit of support (INS Form I-864 or I-864A) on behalf of the alien.2. A sponsor is a person or organization signing an affidavit or document on behalf of the alien as a condition of entry.3. Date of entry or admission is the date established by the INS as the date the alien was admitted for permanent residence.EXCEPTIONS TO SPONSORED ALIEN RULES:
1. Aliens who are members of the sponsor's Food Supplement household.2. Aliens who are sponsored by an organization.3. Aliens not required to have a sponsor under the Immigration and Nationality Act.4. Aliens who are determined to be unable to obtain food and shelter in the absence of assistance, taking into account their own income. In these situations the state must decline to deem the sponsor's income for a twelve (12) month period and instead take into account only that income that the sponsor actually provides.5. A battered alien spouse, alien parent of a battered child, or a child of a battered alien for twelve (12) months after the state determines that the battering is substantially connected to the need for benefits, and the battered individual does not live with the batterer. After twelve (12) months, the state must not deem the batterer's income and resources if the battery is recognized by a Court or the INS, has a substantial connection to the need for benefits and the alien does not live with the batterer.6. Aliens who are children under the age of 18 regardless of when they entered the United States.EXCEPTIONS TO SPONSORED ALIEN RULES: (for sponsors)
1. If a sponsor is a sponsor of an ineligible immigrant, that portion of the sponsor's income is not deemed to the remaining household members.2. If a sponsor's income is below 130% of the poverty income guidelines (FS 999-3 Chart 2), he or she is exempt from the sponsored alien rules.GENERAL INFORMATION - Most sponsored non-citizens will be ineligible because they are immigrants. If they can be credited with 40 qualifying quarters of work, they are eligible and deeming ends (see FS 111-2). Some immigrants who are veterans, or on active duty, or the spouse or child of the veteran or person on active duty may be eligible and subject to deeming.
The income of a sponsor's spouse does not count toward the deeming unless the sponsor's spouse has also signed the affidavit of support.
1. Count the spouse's income and assets even if they were not married at the time the agreement was signed. If the sponsor and spouse do not live together, only the income and assets of the sponsor are counted.2. If a sponsor sponsors more than one alien, divide the income and assets among the number of aliens that are sponsored by the same sponsor.3. If an alien changes sponsors after being certified for FS, use the new sponsor's income and assets to determine eligibility.4. Do not count money paid to the alien by the sponsor as income to the alien, unless the amount exceeds the income deemed from the sponsor. Add any excess to the amount deemed.5. If the alien has applied for TANF and has had income and assets deemed for that program, use the TANF figures.6. Aliens and their sponsors shall be jointly and separately liable for any overpayment made to the alien during the sponsorship which is due to the sponsor's failure to provide correct information, except when the sponsor is without fault or good cause exists.ENDING OF DEEMING
Deeming of a sponsor's income and resources is to continue until:
1. the alien gains U.S. Citizenship,2. the alien has worked or received credit for forty (40) qualifying quarters of work, or 3. the sponsor dies.SPONSOR'S INCOME CALCULATION
1. ADD: Earned income of sponsor's and sponsor's spouse (if the spouse signed an affidavit).2. SUBTRACT: Earned income deduction.3. ADD: Unearned income of sponsor and sponsor's spouse.4. SUBSTACT: Gross monthly income limit for family size (number of dependents who are, or could be, listed on Federal Income Tax Form).5. DIVIDE BY: Number of alien households sponsored.6. EQUALS: Income deemed to each family unit. Treat as unearned income.SPONSOR'S ASSETS CALCULATION
1. ADD: Allowable assets of the sponsor and spouse.3. DIVIDE BY: Number of alien households sponsored.4. EQUALS: Assets deemed to each family unit.CLAIMS
Both the sponsor and the alien will be held liable for any over-issuances. Claims may be established against both parties, unless it can be verified that one of the parties was without fault in providing the information.
EXEMPT ALIENS
The following are exempt from the sponsored alien rule:
1. Aliens living in the sponsor's household;2. aliens sponsored by an organization;3. aliens who do not require a sponsor under the Immigration and Nationality Act;4. refugee, parolee, individuals granted asylum and entrants from Cuba or Haiti;5. aliens who were sponsored prior to February 1, 1983.CLAIMS
Both the sponsor and the alien will be held liable for any over-issuances. Claims may be established against both parties, unless it can be verified that one of the parties was without fault in providing the information.
10-144 C.M.R. ch. 301, § 400-FS 444-1