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State of Wisconsin |
HISTORY |
The policy on this page is from a previous version of the handbook.
4.7.2.2 Exemptions from Sponsor Deeming
4.7.2.5 Verification of Sponsor's Income
4.7.2.6 Self-Declare Non-Support from Sponsor
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 U.S. promising to provide enough support to maintain the immigrant at or above the 125 percent of the FPL.
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 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 the income of the sponsor and the sponsor's spouse (if living together), to determine the immigrant's eligibility.
I-864.
No time limit on deeming unless exemption criteria exist (4.7.2.1) or sponsor liability ends (4.7.2.3).
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 Exception.
Sponsor in the same household. When the sponsor lives in the same household as the immigrant they are considered as one food unit. 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 food unit.
Children.
Indigent Exemption
A sponsored immigrant may ask for an indigence exemption from deeming by stating that they are unable to obtain food and shelter. A sponsored immigrant is considered indigent if the sum of the immigrant's own income plus any cash, food, housing, in-kind assistance, or other assistance provided by other individuals, including their sponsor does not exceed 130 percent of the FPL for the FoodShare assistance group's size.
Inform the sponsored immigrant that when the agency makes an indigence determination the agency must notify the Attorney General of the names of the sponsor and the sponsored immigrant. The sponsor signed an agreement to support the sponsored immigrant financially in order for the immigrant to enter the U.S.
If the sponsored immigrant does not want this disclosure to occur they have the option to refuse the indigence determination but also inform them by refusing, the sponsored immigrant is ineligible for FoodShare. Eligibility is determined for the remaining FoodShare assistance group members using the sponsored immigrants’ income and resources and the sponsor's income and resources (if known) are deemed to the sponsored immigrant's group in the FoodShare determination.
An immigrant who satisfies the indigence exemption criteria is exempt from deeming for 12 months and may be renewed for additional 12-month periods.
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.
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 the SAVE program can provide the sponsor's name, address , and SSN .
The immigrant or immigrant's spouse must provide:
The income of the immigrant's sponsor at the time the immigrant applies for 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. He or she is ineligible until verification is received. If the immigrant refuses to provide needed information, other adult 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.
4.7.2.6 Self-Declare Non-Support from Sponsor
However, the sponsored immigrant may self-declare that they are not being supported by the sponsor. If the sponsored immigrant self-declares non-support from the sponsor, all that can be estimated when determining indigence is the sponsored immigrant food unit's income and any other income received from others. The agency does not need verification from the sponsor of non-support. Requiring such verification would create a barrier to program access, particularly in cases where the sponsor cannot be located.
Once determined indigent, the sponsored immigrant is exempt from sponsor deeming. However, if the immigrant receives cash contributions from the sponsor, then the amount of cash given must be verified following normal verification procedures.
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 of a battered immigrant child, or the child of a battered parent as defined in Battered Immigrant Eligibility 3.12.1.5, 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: 11-01
Release Date: 03/16/11
Effective Date: 03/16/11
Notice: The content within this manual is the sole responsibility of the State of Wisconsin's Department of Health Services (DHS). This site will link to sites outside of DHS where appropriate. DHS is in no way responsible for the content of sites outside of DHS.
Publication Number: P-16001