G. SPONSORED NON-CITIZENS

 

Requirement

 

A sponsored non-citizen is a non-citizen whose entry into the United States was sponsored by a person or any public or private agency or organization.  As a part of the sponsorship, the sponsor must have executed a Bureau of Citizenship and Immigration Services (BCIS) Affidavit of Support on behalf of the non-citizen as a condition of the non-citizen’s entry into the United States. 

 

All the income and property of the sponsor and the sponsor’s spouse who lives with him/her, who is not receiving CalWORKs, SSI, or other public cash assistance, shall be deemed available to the sponsored non-citizen in determining program eligibility.  In situations where ineligibility results from excess income, the sponsored non-citizen with his/her deemed income amount shall be excluded from the assistance unit (AU) in recomputing eligibility for the remainder of the family.       

 

 

Exemptions

The deeming provisions do not apply if the non-citizen is:

              

·           Refugee – Section 207(c) of the Immigration and Naturalization Act (INA) in effect after March 31, 1980.

 

·           Conditional Entrant – Section 203 (a) (7) of the INA in effect prior to April 1, 1980.

 

·           Parolee – Section 212 (d) (5) of the INA

 

·           Asylee – Section 208 of the INA

 

·           Cuban/Haitian Entrant – Section 501 (e) of the Refugee Educational Assistance Act of 1980.

 

·           A sponsored non-citizen that entered the country with an I-I34 Affidavit of Support.

 

 

Individual Sponsors

The provisions of the deeming rules apply only to non-citizens who were sponsored after December 1997 by an individual, who signed an I-864 Affidavit of Support. The deeming rules apply to sponsored non-citizens until such time as the non-citizen:

 

·        Achieves citizenship; or

·        Has worked 40 qualifying quarters of employment; or

·        Leaves the country permanently; or

·        The sponsor or non-citizen dies.

 

 

Deeming Exemptions - Indigent

The provision of the deeming rules provides certain exemptions to the sponsored non-citizen if the non-citizen is determined by the county to be indigent or battered.

 

The sponsored non-citizen can be determined indigent by the county if the non-citizen would

 

·       Go hungry or homeless without aid; and

·       Is unable to provide the necessary information regarding their sponsor; and

·       The county cannot establish contact with the sponsor.

 

Note:  An example of necessary information regarding the sponsor could be the I-864 Affidavit of Support or other documentation that would provide contact with the sponsor to verify status of support

 

In these situations, the amount of income and resources of the sponsor (or sponsor’s spouse if applicable) that is attributed to the sponsored non-citizen shall not exceed the amount actually provided.  In this event, only the actual amount of the income given to the non-citizen is counted.  This exemption applies for a period beginning on the date of determination of indigence and ending 12 months from that date.

 

When a sponsored non-citizen is unable to provide the necessary information regarding his/her sponsor and the county cannot establish contact with the sponsor and it is determined the sponsored non-citizen would go hungry and homeless without aid, the sponsored non-citizen is ruled indigent. 

 

 

Deeming Exemptions – Battered Non-Citizens

In the case of an abused non-citizen or an abused parent of a non-citizen child, the abused non-citizen or parent demonstrates that he/she has been battered or subjected to extreme cruelty in the U.S. by:

 

·        A spouse or parent; or

·        A member of the spouse or parent’s family who are residing in the same home as the non-citizen and the spouse or parent consented to such battery or cruelty.

 

Note:  An example of consent by the spouse or parent would be knowledge of the battery without taking steps to resolve it.  Verification of the battery could be obtained via a sworn statement or other documentation. 

 

 

Non-Citizen Whose Child was Abused

In the case of a non-citizen whose child was abused:

 

·           The abused non-citizen child has demonstrated that he/she has been battered or subjected to extreme cruelty in the U.S. by the spouse or parent or family members of the non-citizen, without the active participation of the non-citizen parent or child, in the battery or cruelty. 

 

·           For a 12-month period, the battered non-citizen shall be exempt from the deeming process.  After a 12-month period, the exemption continues only if the non-citizen demonstrates that such battery and cruelty has been recognized in an order by a judge or administrative law judge or a prior determination of the BCIS.

 

·           In order to apply the 12-month initial deeming exemption and 12-month continuing exemption, there must exist, as determined by the Human Services Specialist (HSS), a substantial connection between battery and extreme cruelty and the need for aid.

 

·           The 12-month exemption period shall not apply to aid for a non-citizen during any period in which the individual responsible for such battery or cruelty resides in the same household or assistance unit as the individual who was subjected to such battery or cruelty.  

 

 

Sponsor of Multiple Non-Citizens

The non-citizen’s sponsor may prove to the Agency that he/she has sponsored other non-citizens by providing to the HSS a copy of the Affidavits of Support (1-864) signed and filed by BCIS.  After the HSS receives the Affidavit(s) for the sponsored non-citizen(s), the HSS must clear the name(s) on the Affidavit(s) to determine whether they are applying or receiving CalWORKs or Food Stamp benefits. 

 

If the non-citizens are applying for or receiving benefits, the income and resources of the sponsor must be divided amongst all of the non-citizens sponsored by that particular sponsor and his/her spouse.