122.41 Indigence
The CAO determines indigence. A noncitizen is considered indigent if they would be unable to get food and shelter without assistance. This takes into account the noncitizen's household income plus any cash, food, housing, or other assistance provided by other persons, including sponsors.
To be determined indigent, the sponsored noncitizen's household income plus the cash contributions of the sponsors and other persons plus the value of in-kind assistance must not exceed 130% of the poverty income guideline for the noncitizen’s household size.
The CAO must verify the amount of income and other assistance provided in the month of application. If the noncitizen is found indigent, the only amount the CAO must deem to them is the amount actually provided beginning on the date of the determination and ending 12 months after that date. Each determination is renewable for additional 12-month periods. The period in which a noncitizen receives benefits is not credited toward his or her 40 qualifying quarters.
8 USC § 1183a