108.933 Sponsor Deeming Requirements

Sponsor deeming is a process used to determine eligibility for and the amount of cash assistance. If a qualified noncitizen has a sponsor who executed an Affidavit of Support ( I-864 ), the income and resources of the sponsor and the sponsor’s spouse must be considered available when determining eligibility and benefit amount.

Exception: Victims /survivors of domestic violence. Noncitizens who are victims /survivors of domestic violence or extreme cruelty as well as certain family members are exempt from the deeming requirement.

8 U.S.C. 1631(f)(1)

A sponsored noncitizen is exempt from deeming requirements for a period of one year if the noncitizen, their child , or their parent has been a victim /survivor of domestic violence in the United States by a spouse or parent or member of the spouse or parent’s family residing in the same household as the noncitizen.

After the one-year period, a battered noncitizen spouse, noncitizen parent of a battered child or child of a battered noncitizen continues to be exempt from the deeming requirements regarding the batterer only . The deeming exemption will apply to a noncitizen for 12 additional months after the CAO determines that the battering is substantially connected to the need for benefits and the victim /survivor does not live with the batterer.

Example: Mr. Smith sponsors his noncitizen spouse, and the spouse is later subjected to domestic violence by Mr. Smith’s father who lives in the household. Mrs. Smith is exempt from deeming requirements for a period of 12 months. Mr. Smith is not the batterer ; therefore, his income and resources must be deemed after the first year.

Updated June 20, 2024, Replacing May 22, 2024