State of Wisconsin Department of Health Services

HISTORY

The policy on this page is from a previous version of the handbook. 

16-02 Version of 4.7.2 Deeming From A Sponsor

4.7.2.1 Introduction

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% of the FPL.

There are two affidavits of support that address 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 INSImmigration and 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 immigrant's first three years in the United States. DeemDeem 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 spouseA 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 immigrant's eligibility.

PRWORA is the Personal Responsibility and Work Opportunity Reconciliation Act of 1996.

I-864

No time limit on deeming unless exemption criteria exist (see Section 4.7.2.1 Introduction) or sponsor liability ends (see Section 4.7.2.3 Indigence Exemption).

4.7.2.2 Exemptions from Sponsor Deeming

7 CFR 273.4(c)(3)

The following groups are exempt from sponsor deeming:

1. 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.
2. Immigrants without sponsors.
3. Battered immigrant exception.
4. 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.
5. Sponsored immigrant or immigrant children.
6. A sponsored immigrant who has received an indigence exemption.

4.7.2.3 Indigence Exemption

7 CFR 273.4(c)(3)(iv)

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% 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.

4.7.2.4 Sponsor Liability

Deeming of a sponsor's income lasts until:

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

4.7.2.5 Verification of Sponsor's Income

7 CFR 273.4(c)(4) and (5)

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, USCISUnited States Citizenship and Immigration Services can provide the sponsor's name, addressAddress refers to the actual place where the household resides. • An address is required to be provided unless a household is homeless, a migrant, or newly arrived in Wisconsin. Verification of address is not required. • A household does not have to reside in a permanent dwelling. • A household may use a general delivery address when it applies. Contrast this with "residence" in the glossary., and SSNSocial Security Number through the SAVE program.

The immigrant or immigrant's spouse must provide:

1. 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).
2. The number of other immigrants for whom the sponsor has signed an affidavit of support or similar agreement.
3. The provision of the INA the immigrant was admitted under.
4. The date of the immigrant's entry or admission as a lawful permanent resident as established by USCISUnited States Citizenship and Immigration Services.
5. The immigrant's date, place of birth, and immigrant registration number.
6. The number of dependents claimed for federal income tax purposes by the sponsor and the sponsor's spouse (if living with the sponsor).

The sponsored immigrant is ineligible if verification is not received timely. They are ineligible until verification is received. If the immigrant refuses to provide needed information, other adultA 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.

4.7.2.6 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.

4.7.2.7 Exempt Immigrants

7 CFR 273.4(c)(2)(v)(3)

Do not apply any deemDeem means allocate income, assets, and/or expenses to the food group from an individual not in the food grouping rules to any immigrant who has been:

1. Admitted to the U.S. through Deportation Withheld under section 241(b)(3) or 243(h) of the Immigration and Nationality Act (INA).
2. Admitted to the U.S. as a refugee as a result of an application after March 31, 1980, under section 207 of the INA.
3. Paroled into the U.S. as a refugee under section 212(d)(5) of the INA.
4. Granted political asylum by the Attorney General under section 208 of the INA.
5. Considered a Cuban and Haitian entrant, as defined in section 501(e) of the Refugee Education Assistance Act of 1980 (PL 96-442).
6. The dependent childA person's biological, step, or adopted son or daughter, regardless of age. If a child is adopted, the adoption severs the biological tie to the parent. of the sponsor or the sponsor's spouse.
7. Sponsored by an organization.
8. Admitted as a conditional entrant under section 203(a)(7) of the INA.

In addition, do not apply PRWORA sponsor deeming rules to an immigrant (adult or child) or the parentA person's biological, step, or adoptive mother or father regardless of age. Parenthood doesn't have to be verified of an immigrant child who is a victim of domestic abuse, or the child of a victim of domestic abuse as defined in Section 3.12.1.5 Battered Immigrant Eligibility, who is no longer living with the abuser, and who has demonstrated a substantial connection between the need for FoodShare and the abuse. This exemption lasts for a period of 12 months from the date of application. After 12 months, the victims of domestic abuse continue to be exempt from deeming with regard to the resources and income of the abuser only.

This page last updated in Release Number: 16-02
Release Date: 12/19/2016
Effective Date: 12/19/2016

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Publication Number: P-16001