4.7.2 Deeming from a Sponsor

4.7.2.4 Verification of Sponsor's Income

A sponsor is a person who executes an affidavit of support or similar agreement for an Immigrant. The agreement is a condition of the immigrant's entry into the US promising to provide enough support to maintain the immigrant at or above the 125 percent of the poverty level.

There are two different affidavits of sponsor deeming. Those signed prior to December 19, 1997 ( I-134 ), and those signed on or after December 19, 1997 ( I-864 ).

I-134 (pre- PRWORA)

The I-134 form was the primary affidavit of support form used by INS Immigration & Naturalization Service before December 19, 1997; it is still used in some limited cases for immigrants who enter after that date.

Deeming applies for only the first three years in the United States. Deem Deem means allocate income, assets, and/or expenses to the food group from an individual not in the food group the income of the sponsor and the sponsor's spouse A person recognized by Wisconsin law as another person's legal husband or wife. Wisconsin does not recognize common law marriage. ( if living together ), to determine the immigrants eligibility.

I-864.

No time limit on deeming unless exemption criteria exist (4.7.2.1) or sponsor liability ends (4.7.2.3).

4.7.2.1 Exemptions from Sponsor Deeming

Immigrants whose sponsor has not signed a legally binding affidavit of support. This applies to immigrants whose sponsors signed affidavits of support before December 19, 1997. Immigrants, such as refugees, who are sponsored by an organization or group who also fall into this category.
Immigrants without sponsors.
Battered Spouse or Child a person's biological, step, or adopted son or daughter, regardless of age. Exception.
Sponsor in the same household. When the sponsor lives in the same household as the immigrant they are considered as one food group. Deeming does not apply because the sponsor's income is already counted. There is no deeming exemption if the sponsor receives FoodShare benefits in another household.
Children.
Indigent Exemption

4.7.2.2 Indigence Exemption

If the immigrant's household income, including any cash or in-kind assistance provided by the sponsor or others, does not exceed 130 percent of the poverty income limit for the household's size, the immigrant is entitled to an indigence exemption from deeming.

An immigrant who satisfies the indigence exemption criteria is exempt from deeming for 12 months and may be renewed for additional 12-month periods.

4.7.2.3 Sponsor Liability

Deeming of a sponsor's income lasts until:

The immigrant becomes a naturalized citizen.
The immigrant obtains 40 qualifying quarters of work.
The sponsor leaves the U.S.
The sponsor becomes exempt from deeming
The sponsor of the immigrant dies.
The sponsor signed I-134 ( pre- PRWORA ) and deeming applies for only the first three years in the United States.

4.7.2.4 Verification of Sponsor's Income

The eligible sponsored immigrant is responsible for obtaining the cooperation of the sponsor and for providing the agency with the information and documentation necessary to calculate deemed income. Follow normal verification procedures and change reporting requirements. Assist the sponsored immigrant if needed. If necessary, INS through its SAVE program can provide the sponsor's name, address, and SSN Social Security Number.

The immigrant or immigrant's spouse must provide:

The income of the immigrant's sponsor at the time the immigrant applies for FS FoodShare. Include income of the sponsor's spouse (if living with the sponsor).
The number of other immigrants for whom the sponsor has signed an affidavit of support or similar agreement.
The provision of the INA the immigrant was admitted under.
The date of the immigrant's entry or admission as a lawful permanent resident as established by INS.
The immigrant's date and place of birth, and immigrant registration number.
The number of dependents for Federal income tax purposes claimed by the sponsor and the sponsor's spouse (if living with the sponsor ).

The sponsored immigrant is ineligible if verification is not received timely. S/he is ineligible until verification is received. If the immigrant refuses to provide needed information, other adult a person who is 18 years old or older members of the immigrant's food unit must do so. If the same sponsor is responsible for the entire food group, the entire food group is ineligible until verification is provided.

4.7.2.5 Exempt Immigrants

Do not deem to any immigrant who has been:

Admitted to the U.S. through Deportation Withheld section 243 or 241 of the INA.
Admitted to the United States as a refugee as a result of an application, after March 31, 1980, under section 207 of the INA.
Paroled into the United States as a refugee under section 212(d)(5) of the INA.
Granted political asylum by the Attorney General under section 208 of the INA.
A Cuban and Haitian entrant, as defined in section 501(e) of the Refugee Education Assistance Act of 1980 ( PL 96-442 ).
The dependent child of the sponsor or the sponsor's spouse.
Sponsored by an organization.
Admitted as a conditional entrant under section 203(a)(7) of the INA.

In addition, do not apply PRWORA sponsor deeming rules to:

A battered immigrant ( adult or child ) or the parent a person's biological, step, or adoptive mother or father regardless of age. Parenthood doesn't have to be verified of a battered immigrant child, or the child of a battered parent as defined in 04.02.03.01, who are no longer living with the batterer, and who have demonstrated a substantial connection between the need for FS and the battering. This exemption lasts for a period of 12 months from the date of application. After 12 months the battered immigrants continue to be exempt from deeming with regard to the resources and income of the batterer only.

This page last updated in Release Number: 05-01

Release Date: 03/01/05

Effective Date: 03/01/05