Okla. Admin. Code § 340:10-15-3

Current through Vol. 42, No. 7, December 16, 2024

Section 340:10-15-3 - Sponsored aliens

Certain aliens, unless specifically exempted or covered by one of two exceptions as identified at Section 1631(e)(f) of Chapter 14 of United States Code (USC) 8, whose entry into the U.S. required sponsorship, must have the income and resources of the sponsor considered in determining eligibility and benefit amount for Temporary Assistance for Needy Families (TANF). Aliens who are exempted from this requirement are parolees, political asylees, Cuban or Haitian entrants, and refugees admitted under Section 207(a)(7) and Section 207(c) of the Immigration and Nationality Act. The deeming rules do not apply to a sponsored immigrant and his or her child(ren) who are victims of domestic violence or extreme cruelty. If a sponsored immigrant is unable to obtain food and shelter without government assistance, then only the amount of income and resources actually provided by the sponsor or the sponsor's spouse is deemed to the immigrant. A sponsor is defined as an individual(s) or an organization who executed an affidavit of support or similar agreement on behalf of the alien, who is not an individual sponsor's child. Such affidavit or agreement must be verified before application of this rule.

(1)Organizational sponsor. Aliens who have a support affidavit from an organizational sponsor are ineligible for a period of three years from the date of entry into the U.S. unless the sponsoring agency has ceased to exist or is unable to meet the alien's financial need. The case record must contain documentation of the reason the organization is not meeting the need.

(2)Individual sponsor. To determine eligibility and benefit amount, an alien who was sponsored must provide any information and documentation necessary to determine the income and resources of the sponsor and obtain the necessary sponsor's cooperation. The income and resources of a sponsor and his or her spouse, if living with the sponsor, are considered as the unearned income and resources of an alien unless the sponsor is receiving TANF or Supplemental Security Income (SSI).

(A) The amount of the sponsor's income considered is determined:

(i) as total monthly gross earned income minus 20%, not to exceed $175, plus total monthly unearned income;

(ii) by subtracting the need standard for the sponsor and his or her dependents living in the home shown on Oklahoma Department of Human Services (OKDHS) Appendix C-1, Maximum Income, Resource, and Payment Standards, Schedule IX.A;

(iii) by subtracting amounts actually paid by the sponsor to dependents outside of the home who are claimed by the sponsor as dependents, to determine his or her federal personal income tax liability; and

(iv) by subtracting actual payments of alimony or child support to individuals not living in the household.

(B) Resources considered available to the alien from the sponsor are the total amount of the resources of the sponsor determined as if he or she were applying for TANF, less $1,500.

(C) When the person is the sponsor of two or more aliens in the same home, the income and resources of the sponsor and his or her spouse, if living with the sponsor, are divided equally among the aliens.

(D) Income and resources considered available to a sponsored alien are not considered in determining the need of unsponsored members of the alien's family unless actually available.

(E) The sponsor and the alien are held jointly liable for any overpayment of benefits due to failure to provide correct information.

(F) The income and resources of the sponsors of aliens who have United States Citizenship and Immigration Services (USCIS) Form I-864, Affidavit of Support, continue to be deemed to the alien until:

(i) the alien achieves U.S. citizenship through naturalization pursuant to Chapter 2 of Title III of the Immigration and Nationality Act;

(ii) the alien has worked 40 qualifying quarters of coverage as defined under Title II of the Social Security Act or can be credited with 40 qualifying quarters as provided under Section 435 of this Title; and in the case of any qualifying quarter credited for any period beginning after December 31, 1996, the alien did not receive any federal means-tested public benefit, as provided under Section 403, during such period; or

(iii) the sponsor dies.

(G) The income and resources of the sponsors of aliens who have affidavits of support other than USCIS Form I-864 continues to be deemed to the alien for a period of three years from the date of entry of the alien into the U.S.

Subchapter 17. Foster Care in Aid to Families with Dependent Children [REVOKED]

Okla. Admin. Code § 340:10-15-3

Amended at 10 Ok Reg 527, eff 12-8-92 (emergency); Amended at 10 Ok Reg 2813, eff 6-25-93; Amended at 13 Ok Reg 281, eff 5-18-95 (emergency); Amended at 13 Ok Reg 2167, eff 6-14-96; Amended at 17 Ok Reg 444, eff 11-1-99 (emergency); Amended at 17 Ok Reg 2075, eff 7-1-00; Amended at 18 Ok Reg 2055, eff 7-1-01; Amended at 20 Ok Reg 2640, eff 7-1-03 (emergency); Amended at 21 Ok Reg 814, eff 5-1-04; Amended at 22 Ok Reg 764, eff 5-12-05