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MS 3000

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Volume 2 - Supplemental Nutrition Assistance Program (SNAP) MS 3000 – R. 6/30/26 – OMTL – 684 Sponsored Aliens - General

[With the passage of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), most aliens are barred from receiving SNAP until they become United States (U.S.) citizens. This restriction applies to most newly arriving aliens and to any alien who was already admitted but whose eligibility for SNAP was not preserved under the Balanced Budget Act of 1997. Exceptions are listed in MS 2900. In addition to meeting general SNAP requirements, sponsored aliens must meet additional income and resource requirements.

A. Sponsored aliens who enter the U.S. on or after 12/19/1997 must complete and sign, before a notary public, a sponsorship agreement; Immigration and Naturalization Service (INS) form I-864, Affidavit of Support under Section 213A of the Act.

Forms I-864 and I-864A show that an alien has adequate means of financial support and is not likely to become a public charge. Signing the form constitutes a legally binding contract between the sponsor and the U.S. Government in which the sponsor agrees to support the alien and any spouse and/or children immigrating with the individual. The deeming requirements apply only to aliens whose sponsor has signed a legally binding affidavit of support (known as 213A affidavits – Form I-864 or I-864A) on or after December 19, 1997. Prior to this time, affidavits of support were not legally binding, meaning the sponsor could not be legally compelled to support the alien. The sponsor's obligation continues until the sponsored alien becomes a U.S. citizen, can be credited with 40 qualifying quarters of work, departs the U.S. permanently, or dies. Divorce does not terminate the obligation. The death of the sponsor does terminate the support agreement but does not relieve the sponsor's estate of reimbursement obligations.

B. The affidavit of support is required for the sponsored aliens listed below and is completed by the individual as listed:

1. All immediate relatives, including orphans and family-based aliens. The family member petitioning for the alien completes the form; and

2. Employment-based aliens where a relative filed the alien visa petition or has a significant ownership interest (five percent or more) in the entity that filed the petition. The petitioning relative or a relative with a significant ownership interest in the petitioning entity completes the form.

C. The sponsor must:

1. Be a citizen or national of the U.S. or an alien lawfully admitted for permanent residence;

2. Be at least 18 years of age;