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Sponsor Liability 7.7.6 ALL Sponsors who signed legally binding I-864 Affidavits are liable for the value of the means-tested benefits received by the sponsored immigrant, if those benefits were received during the period of time that the affidavit of support is in effect. An affidavit of support remains in effect until: • the sponsored immigrant becomes a naturalized citizen, • the sponsored immigrant can be credited with 40 qualifying quarters of work, • the sponsored immigrant permanently leaves the U.S., or • the sponsor or sponsored immigrant dies. ESA must request reimbursement from sponsors who have signed I-864 Affidavits for the value of any benefits received by the sponsored immigrant during the period the affidavit is in effect. It is not required to pursue legal action, however, if the amount of the liability is not paid. ESA must notify households that contain immigrants who are subject to deeming that the sponsored immigrant’s sponsor may be liable for the amount of benefits the sponsored immigrant receives while the affidavit of support is in effect. FS ESA cannot request reimbursement from the sponsor for any period that the sponsor received food stamps. If the sponsor stops receiving food stamps, the sponsor is still not liable for the benefits received by the sponsored immigrant during the period the sponsor also received food stamps.

Requirement to Report Information on Indigent Immigrants 7.7.7 ALL ESA must notify the U.S. Attorney General if a sponsored immigrant is approved for means-tested federal benefits because s/he was determined to be indigent. ESA must provide the names and addresses of the sponsored immigrant and his or her sponsor to the INS Statistics Branch. ESA must notify households that include sponsored immigrants that the names and addresses of the sponsored immigrants and their sponsors will be provided to the U.S. Attorney General.

DETERMINING WHETHER AN ALIEN 'ENTERED' THE U.S. BEFORE AUGUST 22, 1996 7.8 ALL Some qualified immigrants are eligible for benefits only if they 'entered' the country before August 22, 1996. For example, all qualified immigrants who entered the country before August 22, 1996 are eligible for TANF and Medicaid while some qualified immigrants who entered after this date are ineligible for these benefits during their first five years in the country. Determining whether an immigrant 'entered' the U.S. prior to August 22, 1996 can be difficult. Use the following steps. Step 1: Determine whether the qualified alien entered the U.S. before August 22, 1996, by reviewing immigration documents and printouts obtained through the Systematic Alien Verification of Entitlements computer system. If these documents do not indicate whether the alien entered before August 22, 1996, submit a G-845 and G-845 Supplement to INS (see Exhibit IV-6: G- 845 and Exhibit IV-7: G-845 Supplement) and request that the individual provide additional documentation that can establish whether s/he was physically present in the country prior to August 22, 1996. Step 2: Determine whether the qualified alien obtained qualified alien status prior to August 22, 1996. If the immigrant obtained qualified alien status prior to August 22, 1996, s/he is considered to have 'entered' the U.S. prior to this date. If s/he did not obtain qualified alien status prior to this date, go to Step 3.