218 R.I. Code R. 218-RICR-20-00-2.17

Current through December 3, 2024

Section 218-RICR-20-00-2.17 - Income of Non-Citizen with Liable Sponsors

A. When determining financial eligibility for cash assistance, it is necessary to consider the resources and income of a sponsor of a legally admitted non-citizen. Those resources and income of a sponsor which are deemed (taken for granted as available) as the resources and unearned income of a non-citizen are used in making the determination of eligibility for and amount of cash assistance.

B. Those non-citizens who meet the date of entry criteria and are not exempt as outlined in §2.17.1 of this Part must cooperate in obtaining and documenting their sponsor's income and resources in order to determine their sponsor's liability. If such information and documentation are not provided, the agency representative is unable to determine eligibility for cash assistance.

C. The applicability of sponsorship deeming affects all applications for assistance made by the legal non-citizen.

2.17.1Non-Citizens Exempted from Sponsor Liability

A. The policy of sponsorship liability does not apply to non-citizens who are exempted because they are:

1. Dependent children of the sponsor or of the sponsor's spouse;

2. Admitted as a conditional entrant refugee to the United States as a result of the application, prior to 4/1/80, of the provisions of Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601;

3. Admitted as refugees to the United States as a result of the application, after 3/31/81, of the provisions of 8 U.S.C. § 1157;

4. Paroled into the United States as a refugee under 8 U.S.C. § 1182;

5. Granted political asylum by the Attorney General under 8 U.S.C. § 1158;

6. Cuban or Haitian entrants, as defined in Refugee Education Assistance Act of 1980, Pub. Law 100-200;

7. Amerasians admitted to the United States under the provisions of the Amerasian Homecoming Act, Pub. Law 100-200.

2.17.2Sponsor Definition and Responsibility

A. A sponsor is, for the purpose of applying this policy, any person, agency, or organization that executed an affidavit of support or a similar agreement on behalf of a non-citizen as a condition of the non-citizen's entry into the United States.

B. The income and resources of a sponsor and the sponsor's spouse, which are deemed as unearned income and resources to the non-citizen, must be considered available to the non-citizen.

C. The spouse's income and resources must be counted even if the sponsor and spouse have married since the signing of the agreement.

D. The income and resources of a sponsor who signed a support agreement for a non-citizen are still considered in the determination of the non-citizen's eligibility for assistance even if the sponsor claims to have given up sponsorship responsibility.

2.17.3Considerations Relating to Sponsoring Agency

A. The responsibilities of a sponsoring agency or organization are the same as those of an individual sponsor. It is the obligation of the sponsoring agency to support the non-citizen, if necessary to prevent the non-citizen from becoming a public charge.

B. The obligation to support is considered to have ceased if the agency:

1. No longer exists, or

2. Has become unable to meet the non-citizen's needs.

C. If the non-citizen contends that either condition prevails, s/he must provide evidence to substantiate the claim. When the demise of the sponsoring agency or organization is common knowledge, documentation may not be required. But when such is not the case, the non-citizen must obtain verification from the Office of the Secretary of State or other appropriate government body in the State where the agency was chartered.

D. If the sponsoring agency or organization continues to exist but maintains it has become unable to meet the non-citizen's needs, the non-citizen must furnish an affidavit to this effect from the sponsoring agency to support the claim.

2.17.4Responsibility of Non-Citizen

A. A non-citizen must provide information and documentation of her/his sponsor and the sponsor's income and resources. Moreover, the non-citizen is responsible in obtaining the cooperation of the sponsor for the purpose of determining what income and resources can be deemed to the non-citizen.

B. Non-citizens who do not obtain this cooperation or supply this information are not eligible to receive cash assistance.

C. From the documents supplied, the agency determines if the non-citizen has a sponsor and if that sponsor signed an agreement to support.

D. If the non-citizen is unable to supply a copy of the Non-Citizen Sponsorship Affidavit, or further verification or information is needed from the United States Citizenship and Immigration Services (USCIS), the agency representative may assist the applicant in obtaining such information. USCIS form G-639, Freedom of Information/Privacy Act Request, is used for this purpose.

E. The instructions for completing the form are on the reverse side of the G-639. In order to expedite the return of the form from USCIS, in § 2, the name of the agency with an attention to the worker, and the office address and telephone number may be entered. The form may be mailed to:

Dept. of Homeland Security

10 Fountain Plaza

Buffalo, NY 14202

F. Calculation of Income Deemed to Non-citizen. The monthly income of the sponsor (and of the sponsor's spouse) deemed available to the non-citizen is computed in the following way (it should be noted that income from a sponsor receiving SSI, GPA, or cash assistance from the RI Works Program is not considered available to the non-citizen):

1. The sponsor's total monthly earned income is reduced by twenty percent (20%) (not to exceed one hundred seventy-five dollars ($175.00) monthly). Earned income is wages, salary, or gross earnings from self-employment minus the full amount of any costs incurred in producing self-employment income in the month.

2. The sponsor's total monthly unearned income is then added to the net amount of earned income calculated.

3. The remaining monthly amount is deemed as unearned income to the non-citizen who is applying for cash assistance.

G. Calculation of Resources Deemed to Non-citizen

1. The resources of the sponsor (and of the sponsor's spouse, if living together) deemed available to the non-citizen are determined as described below. It should be noted that resources of a sponsor receiving SSI, GPA, or cash assistance from the RI Works Program are not considered available to the non-citizen.

2. In determining the resources of a sponsor to be deemed to the non-citizen, the resource exclusions in §2.14.2 of this Part shall be applied and the value in excess of one thousand five hundred dollars ($1,500.00) shall be considered available to the non-citizen.

H. Prorating Income and Resources of Sponsor

1. In a case where a person is the sponsor of two (2) or more non-citizen individuals, the deemed income and resources of the sponsor and of the sponsor's spouse are divided equally among the non-citizens.

2. In a case where a person is the sponsor of two (2) or more non-citizen families, the deemed income and resources of the sponsor (and of the sponsor's spouse, if living together) are divided equally among the non-citizens applying for or receiving assistance.

3. Income and resources deemed to a sponsored non-citizen are not considered in determining the needs of other unsponsored members of the non-citizen's household. An exception occurs when the deemed income and resources are actually available to members of the non-citizen's family such as the non-citizen's spouse and/or children.

I. Overpayments. When overpayments are made to a non-citizen because a sponsor failed to provide correct information, both the sponsor and non-citizen are held responsible. Refer to policy on overpayments in §2.31 of this Part for procedures.

218 R.I. Code R. 218-RICR-20-00-2.17

Adopted effective 1/6/2019
Amended effective 2/16/2020
Amended effective 2/27/2022
Amended effective 11/11/2022
Amended effective 8/26/2023
Amended effective 11/4/2023