Page 27

FOOD AND NUTRITION SERVICES CERTIFICATION ELIGIBILITY REQUIREMENTS FNS 227 NON-CITIZEN REQUIREMENTS

27 Section 227 Change #1-2026 February 1, 2026 as though they are refugees under Section 207 of the Immigration and Nationality Act. 4. Indigent Non-Citizens: An indigent non-citizen that the county agency has determined is unable to obtain food and shelter, taking into account the non-citizen's own income, plus any cash, food, housing and other assistance provided by other individuals, including the sponsor (see Section C below for indigence determination procedures). 5. Battered Spouses or Children: Deeming does not apply during any 12month period if a non-citizen is a battered spouse, battered child or parent, or child of a battered person provided the battered non-citizen lives in a separate household from the person responsible for the battery. The exemption can be extended for additional 12-month periods if the noncitizen demonstrates that the battery is recognized by a court, administrative order, or by USCIS, and if the battery has a substantial connection to the need for benefits. 6. Children: Children Under age 18. 7. Pre-1997 Affidavits: Non-Citizens whose sponsors signed affidavits of support before December 19, 1997 (these prior affidavits of support were known as I-134s). C. Sponsor Deeming Requirements 1. If the Affidavit of Support (I-864) was signed on or after December 19, 1997, the total countable income and resources of a non-citizen sponsor and the sponsor's spouse (if living with the sponsor) is counted as unearned income and resources to the non-citizen. 2. The sponsored non-citizen must provide verification of the sponsor's income and resources to calculate the deemed amount. 3. If the Affidavit of Support was signed on or after December 19, 1997, the total income of the sponsor and spouse is credited to the non-citizen until: a. The sponsored non-citizen becomes a naturalized citizen; b. The sponsored non-citizen can be credited with 40 qualifying quarters (see FNS 227.09); c. The sponsored non-citizen loses LPR status and leaves the U.S.; d. The sponsored non-citizen obtains in removal proceedings a new grant of adjustment of status as relief from removal (in this case, if a new I864 form is required, the support obligation and deeming will apply to the new sponsor); OR,