9081.3 Exempt Aliens

The provisions of this Section do not apply to: 1) Children under 18 years of age regardless of when they entered the United States; 2) Immigrants whose deeming period had ended; 3) Sponsored aliens who are ineligible for food stamps because of immigration status will not have the sponsor's income deemed to other eligible members of the alien's household. 4) An alien who is participating in the Food Stamp Program as a member of his or her sponsor's household or an alien whose sponsor is participating in the Food Stamp Program separate and apart from the alien; 5) An alien who is sponsored by an organization or group as opposed to an individual; 6) An alien who is not required to have a sponsor under the Immigration and Naturalization Act, such as, but not limited to, a refugee, a parolee, one granted asylum, and a Cuban or Haitian entrant. 7) An alien whose sponsor has not signed a legally binding affidavit of support, the INS Form I-864-A; 8) A battered alien spouse, alien parent of a battered child, or child of a battered alien, for 12 months after a determination is made that the battering is substantially connected to the need for benefits, and the battered individual does not live with the batterer. After 12 months, do not deem the batterer's income and resources if the battery is recognized by a court or the INS and had a substantial connection to the need for benefits, and the alien does not live with the batterer; 9) An indigent alien that has been determined unable to obtain food or shelter taking into account the alien's own income plus any cash, food, or housing, or other assistance provided by other individuals, including the sponsor(s). Indigent alien determination: (A) Inquire about sponsored alien status if an alien is a Lawful Permanent Resident (LPR). (B) If the LPR is an eligible sponsored alien, make an indigence determination. An eligible sponsored alien is an alien eligible to receive food stamps according to DSSM 9007.1. (C) Determine if the eligible sponsored alien's total household income by adding the eligible alien's household's own income, the cash contributions of the sponsor and others, and the value of any in-kind assistance the sponsor or others provide. Accept whatever dollar value, if any, is given for any in-kind assistance provided by the person(s) providing the assistance. In-kind assistance includes, but is not limited to, food, housing, clothing, or transportation. Compare the total household income as determined above the 130 percent of the poverty income guidelines for the household size. (D) If the total income does not exceed the 130 percent of the poverty income guidelines for the household size, the alien is indigent. If the alien is indigent, then process the case as normal and deem only the actual amount of the cash support received from the sponsor. The cash support does not include the value of the in-kind assistance. (E) If the alien is not indigent, then the eligible sponsored alien must provide information on the total amount of the sponsor's income and resources and follow the regular sponsor deeming procedures. (F) If the alien is indigent, only deem the income actually provided to the alien for the period beginning on the date the determination was made and ending 12 months after such date. (G) Each indigence determination is renewable for additional 12 month periods. (H) The names of each eligible sponsored alien determined to be indigent and the sponsor(s) names are to be sent to the Food Stamp Policy Administrator after a determination is made.