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COMBINED MANUAL

ISSUE DATE 03/2015

INCOME OF SPONSORS OF LPRS WITH I-864

0016.21.03

assistance provided by the sponsor and others does not exceed 130% of the federal poverty income guidelines for the unit’s size. It also means that the sponsored LPR is not currently living with his/her sponsors or getting free shelter from others.

Consider this EXEMPTION when the sponsored LPR reports that his/her own income and any assistance provided by the sponsor or any other individuals is not adequate for the LPR to obtain food and shelter because the sponsor is failing or is unable to provide support or when the LPR is unable to locate the sponsor. Under these circumstances, do not request verification of a sponsor’s income directly from the sponsor, instead ask the sponsored LPR to provide verification of the actual amount of income provided by the sponsor to his/her household. Deem the actual amount of income provided by the sponsor as available income to the sponsored LPR.

A determination of indigence and what the exemption means must be explained to the sponsored LPR. An individual has the right to refuse a determination of indigence but must be informed about the consequence of such a refusal on program eligibility in a manner he/she can comprehend. If the LPR or their authorized representative affirmatively refuses the indigence determination, the sponsor’s income must be deemed toward the sponsored LPR’s household. Such refusal must be case noted with details about the reasons for such refusal.

Once a determination of indigence exemption is made, it remains in effect for 12 months beginning on the date such a determination is made, regardless of any additional information that may be obtained from the SAVE query on the sponsor within the unit’s certification period. The 12-month indigence determination must be reviewed before an additional 12-month determination may be approved.

Notification of Indigent Exemption Determination

If the sponsored immigrant meets the exception of the sponsor deeming requirement due to the sponsor’s failure to provide support and is approved for Federal Cash or Federal SNAP benefits under the indigent exemption, the name of the sponsor, sponsored LPR(s) involved and case number must immediately be reported to:

DHS Economic Assistance and Employment Supports Division P.O. Box 64951 St. Paul, Minnesota 55164-0951.

DHS annually notifies the Office of Policy and Strategy, U. S. Citizenship and Immigration Services of all indigent determinations.

County agencies may, under section 213A (b)(2) of the Immigration and Nationality Act, sue sponsors in federal or state court to recover the unreimbursed costs of means tested benefits, including the costs of collection and legal fees.

Request verification of a sponsor’s total income when:

● A sponsored LPR does not qualify for an exemption from sponsor deeming as explained above.

OR

● A sponsored LPR meets the criteria for the indigent exemption but has opted out of the indigence determination.

In both of these situations, the LPR must explain why the sponsor is not providing assistance to him/her as attested by the sponsor’s signature on I-864 Affidavit of Support. Help the client to obtain collateral statement or documentation to support the indigence exemption determination. The sponsored LPR is responsible for obtaining the cooperation of the sponsor and for providing the information and documentation necessary to calculate deemed income. The county agency must assist the unit in obtaining necessary verification. If necessary, SAVE can be used to provide the sponsor’s name, address and Social Security Number. See 0010.18.18 (Verifying Sponsor Information).

● If verification is provided, determine the amount of the sponsor’s and sponsor’s spouse’s income according to the program