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ESA SNAP Policy Manual 106 8.6.5 Sponsored Noncitizens A sponsored noncitizen is anyone for whom an individual (the sponsor) has signed an I-864 Affidavit of Support, on behalf of the noncitizen. This form is signed as a condition of the noncitizen’s entry into the US. One condition regarding sponsors is that ESA must deem a portion of the sponsor’s income and assets to certain noncitizens when determining eligibility and benefit level for the household. Legal Authority Sponsor deeming (federal): SNAP: 7 USC § 2014(i), 7 CFR § 273.4(c)

8.6.5.1 Who Is Subject to Deeming Two groups of noncitizens have sponsors who have signed a legally binding I-864 Affidavit of Support, where ESA must deem income and assets of the sponsor to the noncitizen’s household:  Noncitizens, including immediate relatives, family preference immigrants and some orphans, must submit an I-864 when the immigrant files a visa application or applies for an adjustment to LPR status on or after December 19, 1997.  An employment-based noncitizen who is coming to work for a relative or a company in which they own at least five percent must file an I-864. Requests to verify whether a noncitizen has a sponsor who signed an I-864, Affidavit of Support, are completed through the SAVE process (see Section 5.4.2.1, SAVE, for additional information). 8.6.5.2 Exceptions to Deeming The following noncitizens are not subject to deeming:  Children under age 18 regardless of when they entered the US  Battered spouses, parents or children  Noncitizens without sponsors  Noncitizens whose sponsor has not signed a legally binding Affidavit of Support  Sponsor in same SNAP household  Indigent noncitizens  Ineligible members  Sponsor that is an organization or a group 8.6.5.2.1 Indigent Noncitizens An indigent noncitizen immigrant is an LPR whose sponsor signed an I-864, but the sponsored immigrant would be unable to obtain food and shelter without ESA benefits considering the immigrant’s own Return