503 Sponsored Aliens

An alien sponsor A person or any public or private agency or organization who executed an Affidavit of Support (INS Form I-864 or I-864A) or similar agreement so an alien could enter the United States. is an individual who:

1. Is a citizen or national of the U.S., or an alien who is lawfully admitted to the U.S. for permanent residence;

2. Is 18 years of age or older;

3. Is residing in any of the 50 states or the District of Columbia; and;

4. Is the person petitioning for the admission of the alien under section 204 of the INA (Affidavit of Support pursuant to Section 213A of the INA).

Deeming of income and resources to a sponsored alien is not required if the alien is:

1. Participating as part of the sponsor’s household People who buy and prepare food together. Spouses, parents, and children who live together are usually counted as the same household.;

2. Sponsored by a SNAP participant A person who is eligible for benefits under SNAP, even if that person is not currently receiving benefits because the amount is too low, or the person is under a sanction or disqualification. in another household;

3. Sponsored by an organization or group;

4. Not required to be sponsored under the Immigration and Nationality Act (e.g., refugee, individuals granted asylum, a Cuban or Haitian entrant, etc.);

5. An immigrant child under 18 years old;

6. A citizen child under age 18 of a sponsored alien;

7. A battered alien spouse Is a person of the opposite or same sex who is legally married to another person. To be valid couples are required to obtain a marriage license through the County Recorder’s Office. Marriages that occur outside of North Dakota are considered valid in North Dakota if: 1. The marriage was legally performed in another state; or 2. The marriage is a common law marriage that occurred in another state and was considered a valid marriage in that state (the couple would be required to provide documentation verifying that the common-law marriage was considered valid by the state in which it took place); or 3. The marriage occurred in another country and the marriage was considered valid according to the law of the country where the marriage was contracted, unless the marriage violates the strong public policy of North Dakota. 4. Polygamous marriages violate the strong public policy of North Dakota. In situations where polygamy has occurred, the first marriage is considered valid in North Dakota if the marriage meets the criteria in numbers 1, 2, or 3 above. Any additional spouse(s) claimed after the first marriage are considered non-relative., alien parent of a battered child, or child of a battered alien, for 12 months after the State agency determines that the battering is substantially connected to the need for benefits, and the battered individual does not live with the batterer. After 12 months, the State agency must not deem the batterer's income and resources if the battery is recognized by a court or the USCIS and has a substantial connection to the need for benefits, and the alien does not live with the batterer.

The income and resources of the alien’s sponsor and the spouse of the sponsor (if the spouse also signed an Affidavit of Support) are deemed to be available to the alien until such time as the alien:

1. Achieves U.S. citizenship;

2. Has worked or can be credited with 40 qualifying quarters of work or;

3. The sponsor is deceased.

Income deemed to the sponsored alien is counted as unearned income to the sponsored alien. Resources deemed to the sponsored alien are counted as resources for the sponsored alien.

NOTE: When determining the amount of income and resources to be deemed, the sponsor’s spouse’s income and resources are included even if they were not married at the time the agreement was signed. If the sponsor and spouse do not live together, only the income and resources of the sponsor are counted.

When a sponsor sponsors more than one alien household, the sponsor’s income and resources are divided among the number of alien households sponsored. When an alien changes sponsors after being certified for SNAP benefits, the new sponsor’s income and resources are used to determine continued eligibility.

The countable deemed income is coded against the alien. Manually calculate the amount of income to be deemed as follows:

1. __________ Sponsor’s (and spouse’s) income.

- (minus)

2. __________ Earned income Employee payments received in cash for wages, tips, commissions, or net profit from self-employment activities; the Gross Income is before deductions for personal or employment expenses or garnishments. Net Income is after deductions for personal or employment expenses or garnishments. disregard (20%).

- (minus)

3. Disregard an amount equal to the gross monthly income limit for the sponsor and dependents. The number of dependents who could be claimed on the federal income tax return is used.

= (equals)

4. __________ Income to be deemed.

5. Divide income to be deemed (line #4) by the number of alien households sponsored. This is the income deemed to each sponsored household.

NOTE: Money provided by the sponsor in excess of the deemed income amount is counted as unearned income (contribution).

The countable amount of resources to be deemed is coded against the alien. Manually calculate the amount of resources to be deemed as follows:

1. __________ Sponsor’s (and spouse’s) countable resources.

- (minus)

2. __________ $1,500 General resource limitation (per regulation).

= (equals)

3.Divide resources to be deemed (line #3) by the number of alien households sponsored. This is the amount of resources deemed to each sponsored household.

4. Divide resources to be deemed (line #3) by the number of alien households sponsored. This is the amount of resources deemed to each sponsored household.

The eligible Having met the qualifications to receive a SNAP benefit by meeting the specified nonfinancial and financial requirements of eligibility. sponsored alien is responsible for:

1. Obtaining the cooperation of the sponsor and providing information or documentation necessary to calculate deemed income and resources.

2. Providing names and other identifying information of other aliens for whom the alien’s sponsor has signed an affidavit of support, if known.

3. Reporting if the sponsor changes and provide required information; and,

4. Reporting a change Information that is different from what is currently used to determine eligibility and/or benefits. in income if the sponsor changes, loses employment, or dies

The income and resources of sponsored aliens that are disqualified from participation are counted toward the household’s needs. However, the portion of the sponsor’s income and resources deemed to the disqualified member is not included when determining the remaining household’s eligibility.

Both the sponsor and the alien are held liable for any over issuances. Claims may be established against both parties unless it is verified one of the parties was without fault in providing the information.