As a condition of entry, a sponsor must sign an affidavit of support on behalf of a noncitizen. See item #1 in Appendix A. 55 Pa. Code § 183.36(a)
For noncitizens whose sponsors signed an affidavit of support (Form I-134) before December 19, 1997, deeming ends after three years from the noncitizen's date of entry to the U.S. for permanent residency. These sponsors were not required to sign a new affidavit.
New affidavits of support (Form I-864) were required of new sponsors and for adjustments of sponsor or status made on or after December 19, 1997. Deeming applies to a sponsored noncitizen until he or she has worked 40 qualifying quarters of coverage or gets U.S. citizenship, whichever is earlier.
The following are exceptions to the deeming requirement:
When a sponsored noncitizen is determined to be indigent
When a sponsored noncitizen is a victim of domestic violence 8 USC § 1631(f)
The CAO determines indigence. A noncitizen is considered indigent if he or she would be unable to get food and shelter without assistance. This takes into account the noncitizen's household income plus any cash, food, housing, or other assistance provided by other persons, including sponsors.
To be determined indigent, the sponsored noncitizen's household income plus the cash contributions of the sponsors and other persons plus the value of in-kind assistance must not exceed 130% of the poverty income guideline for the noncitizen’s household size.
The CAO must verify the amount of income and other assistance provided in the month of application. If the noncitizen is found indigent, the only amount the CAO must deem to him or her is the amount actually provided beginning on the date of the determination and ending 12 months after that date. Each determination is renewable for additional 12-month periods. The period in which a noncitizen receives benefits is not credited toward his or her 40 qualifying quarters. 8 USC § 1183a
A sponsored noncitizen is exempt from deeming requirements for a period of one year if the noncitizen, his or her child, or his or her parent has been a victim of domestic violence in the United States by a spouse, parent, or member of the spouse’s or parent’s family living in the same household as the noncitizen. 55 Pa. Code § 177.11(h)
After the one year period, a battered noncitizen spouse, noncitizen parent of a battered child, or child of a battered noncitizen continues to be exempt from the deeming requirements with regard to the batterer only. The deeming exemption applies to a noncitizen for 12 more months after the CAO determines that the battering is substantially connected to the need for benefits and the victim does not live with the batterer. 8 USC § 1631(f)
NOTE: The CAO must accept the Domestic Violence Verification Form (PA1747) as temporary verification of eligibility for an exception based on extreme cruelty.
To consider the sponsor's income and resources, the sponsored noncitizen must give the CAO copies of the Affidavit of Support Form I-134 or Form I-864 and their respective attachments. Form I-134 was issued for sponsored noncitizens before December 19, 1997. Form I-864 has been issued since December 19, 1997. 8 USC § 213(a)
Form I-134 includes the following:
A statement from an officer of the bank or other financial institution in which the sponsor has deposits showing the date the account was opened, the total amount deposited for the past year, and the present balance
A statement from the sponsor's employer on business stationery showing the date and type of employment, the salary paid, and whether the position is temporary or permanent.
If the person is self-employed, a copy of the last income tax return filed or a report of commercial rating concern.
A list of serial numbers and denominations of bonds and names of record owners.
All sponsored noncitizens must submit the following items with the completed and signed Affidavit of Support Form I-864:
A copy of the sponsor’s individual federal income tax return, including W-2s for the most recent tax year, or a statement or evidence describing why the sponsor was not required to file a return
A copy of each Form 1099 and any other evidence of reported sponsor income for the most recent three tax years.
Pay stubs from the most recent six months or a letter from the sponsor’s employer if it was used to help him or her qualify.
Some sponsored noncitizens must submit the following items with the Form I-864:
If the sponsor is self-employed, a copy of the sponsor’s Schedule C, D, E, or F from the most recent federal tax return establishing the sponsor’s self-employment income.
If the sponsor is on active duty in the U.S. Armed Forces and is sponsoring a noncitizen’s spouse or child using 100 percent of governing poverty guidelines, proof of the sponsor’s active military status.
If the income of persons in the sponsor’s household or sponsor’s dependents was used to qualify, the sponsored noncitizen must submit the following items:
A separate Form I-864 for each person whose income was used. Only one copy of Form I-864 is needed if a noncitizen’s income was used to qualify and his or her spouse or children are immigrating with him or her.
Proof that the noncitizen lives in the sponsor’s household, and his or her relationship to the sponsor if they are not the intending immigrants or are not listed as dependents on the sponsor’s federal income tax return for the most recent tax year.
Proof that the noncitizen's current employment will continue from the same source if his or her income was used.
A copy of the noncitizen's individual federal income tax return, including W-2s and 1099s, for the most recent tax year, or evidence that he or she was not required to file a return. The sponsored noncitizen must give this information for the most recent three tax years.
If the sponsor's assets or the assets of a member of the sponsor’s household were used to qualify, the sponsored noncitizen must submit the following items:
Documentation of the sponsor’s assets establishing location, ownership, date acquired, and value
Evidence of any liens or liabilities against these assets
A separate Form I-864A for each household member using assets other than for the sponsored noncitizen
If the noncitizen was joint sponsored, substitute sponsored, or an employment-based immigrant requiring an affidavit of support, proof of the sponsor’s citizenship status, U.S. national status, or lawful permanent resident status must be provided.
For U.S. citizens or nationals, a copy of their birth certificate, passport, or certificate of naturalization or citizenship will be accepted.
For lawful permanent residents, a copy of both sides of their Form I-551 Permanent Resident Card must be accepted.
The CAO must not deem income and resources to a noncitizen:
Whose sponsor and sponsor’s spouse live together and receive TANF, GA, SBP, or SSI;
Who applied before October 1, 1981;
Who is a dependent child, stepchild, or spouse of the sponsor;
NOTE: See Chapter 155 for information about deeming from a legally responsible relative (LRR) or stepparent.
Who was sponsored by an agency that no longer exists or by an agency with income insufficient to meet the noncitizen's needs; 55 Pa. Code § 177.11(h)(2)(b) 55 Pa. Code § 183.36(b)(2)
NOTE: The noncitizen must provide documentation from the agency's financial officer or certified accountant.
Who is admitted under Section 501(e) of the Refugee Education Assistance Act of 1980, relating to Cuban or Haitian refugees; or
Who is admitted under one of the following USCIS provisions:
Section 203(a)(7) - Aliens Admitted as Conditional Entrant Refugees
Section 207 - Aliens admitted as Refugees
Section 208 - Aliens granted Political Asylum by the Attorney General
Section 212(d)(5) - Aliens granted Temporary Parole as a Refugee Status by the Attorney General
See Supplemental Handbook Chapter 730 for information on providing Cash Assistance to eligible refugees.
For three years from the date of entry, the sponsored noncitizen must do the following:
Have the sponsor provide a copy of the affidavit of support and the required documentation for the form under which the noncitizen was admitted (Form I-134 or Form I-864). See Section 122.4, Sponsored Non-citizens, for a list of required documentation for each form.
Identify other noncitizens whom the sponsor has agreed to support.
Report any change in sponsorship or in the sponsor’s income and resources.
NOTE: The responsibilities listed above do not apply to sponsored noncitizens who:
Signed the Affidavit of Support Form I-134 and continue to live in the U.S., or
Signed the Affidavit of Support Form I-864 and worked 40 qualifying quarters. 8 USC § 1183a
Deeming of a sponsor’s income ends when the noncitizen gains citizenship. 55 Pa. Code § 183.93
If the sponsor lives with his or her spouse, the CAO must count the resources of both the sponsor and the spouse.
If the deemed resources of the sponsor plus the net countable resources of the noncitizen exceed the appropriate resource limit, the noncitizen is ineligible because of excess resources.
The CAO must determine the countable resources of the sponsor and the sponsor’s spouse as follows:
Add up the countable resources of the sponsor and sponsor's spouse.
NOTE: Resident property is exempt and an acknowledgement of liability is not required. Equity value of resources is computed the same as for a budget group member. See Chapter 140.
Subtract $1,500.
Assume that the remainder is available to the noncitizen. If the resources are deemed to more than one noncitizen, they must be divided equally. Resources over the limit are not considered available to unsponsored members of the noncitizen's family, unless the sponsor agrees to make them available.
NOTE: The noncitizen, his or her sponsor, and the sponsor's spouse are not required to acknowledge liability for reimbursement of assistance from the sponsor's deemed resources.
Examples:
Mr. Albert, a sponsored noncitizen, his wife, a U.S. citizen, and their child apply for TANF. His sponsors, Mr. and Mrs. Clark, are liable for Mr. Albert's support and have reported total equity value of nonexempt personal and nonresident property resources of $4,000. After the $1,500 deduction, $2,500 is deemed available to Mr. Albert. Mr. Albert also owns $100 of available nonexempt personal property. Mr. Clark agrees to make the resources available to Mr. Albert's family. Mr. and Mrs. Albert and their child have deemed resources above the $1,000 resource limit. They are ineligible for Cash Assistance.
|
Mr. and Mrs. Clark's countable resources |
$4,000 |
|
Less allowable deduction |
-1,500 |
|
Deemed resource available to the Albert family |
$2,500 |
|
Mr. Albert's available nonexempt resources |
+100 |
|
Total resources |
$2,600 |
If Mr. Albert's sponsor does not agree to deem the resources to Mr. Albert's family, then Mr. Albert is ineligible for Cash Assistance, because his resource limit of $1,000 is exceeded.
Mrs. Albert and the child are eligible. She and the child do not own countable resources. The value of Mr. Albert's LRR resources, $100, is less than the resource limit for TANF. Although Mr. Albert is a registered noncitizen and his sponsor is providing for his support, Mr. Albert is an LRR and only his personally owned resources are deemed to his wife and child.
If the sponsor lives with his or her spouse, the CAO must count the income of the sponsor and the spouse.
If the deemed income of the sponsor plus the countable net income of the noncitizen are more than the noncitizen’s share of the monthly assistance payment, the noncitizen is ineligible.
The CAO must compute the income deemed to the noncitizen’s budget group as follows:
Determine the gross monthly earned income of the sponsor and the sponsor's spouse if they live together.
Deduct 20%, up to a maximum of $175, from the total gross monthly earned income.
Add the monthly unearned income less allowable deductions. See Chapter 160.
Deduct the standard of need for the sponsor and those dependents in the sponsor's household who are claimed by the sponsor on his or her federal income tax. See Chapter 168 for the applicable standard of need.
Deduct the amount verified as actually paid by the sponsor to persons not living in the common residence whom the sponsor claims or could claim as dependents on his or her federal income tax.
Deduct verified payments of alimony or child support paid to persons not living in the common residence.
Deem the remaining income, even if the payment is not actually made.
Example: Mr. Adams and his wife sponsored a noncitizen a year ago. They have two dependent children. Mr. Adams receives $650 a month in Social Security benefits. Mrs. Adams has earned income of $650 a month. Mr. Adams verified giving $200 a month to their dependent child, who is attending college.
|
Sponsor's earned income |
$ 650 |
|
20% disregard |
-130 |
|
$ 520 |
|
|
Sponsor's unearned income |
+650 |
|
Total |
$1,170 |
|
Standard of Need for 4 |
-749 |
|
Dependent payment |
-200 |
|
Deemed available to noncitizen |
$ 221 |
If the amount deemed from the sponsor is over the noncitizen’s share of the allowance, the CAO must determine whether the sponsor will contribute to the other unsponsored family members.
If the sponsor agrees to contribute an amount over the noncitizen’s needs, the noncitizen remains eligible and is included in the budget group. The amount contributed must be counted as unearned income for the budget group.
If the amount deemed is shared by more than one noncitizen, the amount must be divided equally among the noncitizens.
The noncitizen, the sponsor, or both may be held liable for any overpayments of assistance. See Supplemental Handbook Chapter 910.
Reissued September 18, 2012, replacing January 31, 2012