122.42 Domestic Violence

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 of domestic violence in the United States by a spouse, parent, or member of the spouse’s or parent’s family living in the same household as the noncitizen.

55 Pa. Code § 177.11(h)

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 with regard to the batterer only. The deeming exemption applies to a noncitizen for 12 more months after the CAO determines that the battering is substantially connected to the need for benefits and the victim does not live with the batterer.

8 USC § 1631(f )

NOTE: The CAO must accept the Domestic Violence Verification Form ( PA1747 ) as temporary verification of eligibility for an exception based on extreme cruelty.

To consider the sponsor's income and resources, the sponsored noncitizen must give the CAO copies of the Affidavit of Support Form I-134 or Form I-864 and their respective attachments. Form I-134 was issued for sponsored noncitizens before December 19, 1997. Form I-864 has been issued since December 19, 1997.

8 USC § 213(a)

Form I-134 includes the following:

A statement from an officer of the bank or other financial institution in which the sponsor has deposits showing the date the account was opened, the total amount deposited for the past year, and the present balance

A statement from the sponsor's employer on business stationery showing the date and type of employment, the salary paid, and whether the position is temporary or permanent.

If the person is self-employed, a copy of the last income tax return filed or a report of commercial rating concern.

A list of serial numbers and denominations of bonds and names of record owners.

All sponsored noncitizens must submit the following items with the completed and signed Affidavit of Support Form I-864 :

A copy of the sponsor’s individual federal income tax return, including W-2s for the most recent tax year, or a statement or evidence describing why the sponsor was not required to file a return

A copy of each Form 1099 and any other evidence of reported sponsor income for the most recent three tax years.

Pay stubs from the most recent six months or a letter from the sponsor’s employer if it was used to help them qualify.

Some sponsored noncitizens must submit the following items with the Form I-864 :

If the sponsor is self-employed, a copy of the sponsor’s Schedule C, D, E, or F from the most recent federal tax return establishing the sponsor’s self-employment income.

If the sponsor is on active duty in the U.S. Armed Forces and is sponsoring a noncitizen’s spouse or child using 100 percent of governing poverty guidelines, proof of the sponsor’s active military status.

If the income of persons in the sponsor’s household or sponsor’s dependents was used to qualify, the sponsored noncitizen must submit the following items:

A separate Form I-864 for each person whose income was used. Only one copy of Form I-864 is needed if a noncitizen’s income was used to qualify and their spouse or children are immigrating with them .

Proof that the noncitizen lives in the sponsor’s household, and their relationship to the sponsor if they are not the intending immigrants or are not listed as dependents on the sponsor’s federal income tax return for the most recent tax year.

Proof that the noncitizen's current employment will continue from the same source if their income was used.

A copy of the noncitizen's individual federal income tax return, including W-2s and 1099s, for the most recent tax year, or evidence that they were not required to file a return. The sponsored noncitizen must give this information for the most recent three tax years.

If the sponsor's assets or the assets of a member of the sponsor’s household were used to qualify, the sponsored noncitizen must submit the following items:

Documentation of the sponsor’s assets establishing location, ownership, date acquired, and value

Evidence of any liens or liabilities against these assets

A separate Form I-864A for each household member using assets other than for the sponsored noncitizen

If the noncitizen was joint sponsored, substitute sponsored, or an employment-based immigrant requiring an affidavit of support, proof of the sponsor’s citizenship status, U.S. national status, or lawful permanent resident status must be provided.

For U.S. citizens or nationals, a copy of their birth certificate, passport, or certificate of naturalization or citizenship will be accepted.

For lawful permanent residents, a copy of both sides of their Form I-551 Permanent Resident Card must be accepted.

The CAO must not deem income and resources to a noncitizen:

Whose sponsor and sponsor’s spouse live together and receive TANF , SBP , or SSI ;

Who applied before October 1, 1981;

Who is a dependent child, stepchild, or spouse of the sponsor;

NOTE: See Chapter 155 for information about deeming from a legally responsible relative (LRR) or stepparent.

Who was sponsored by an agency that no longer exists or by an agency with income insufficient to meet the noncitizen's needs;

55 Pa. Code § 177.11(h)(2)(b)

55 Pa. Code § 183.36(b)(2)

NOTE: The noncitizen must provide documentation from the agency's financial officer or certified accountant.

Who is admitted under Section 501(e) of the Refugee Education Assistance Act of 1980, relating to Cuban or Haitian refugees; or

Who is admitted under one of the following USCIS provisions:

Section 203(a)(7) - Noncitizens Admitted as Conditional Entrant Refugees

Section 207 - Noncitizens admitted as Refugees

Section 208 - Noncitizens granted Political Asylum by the Attorney General

Section 212(d)(5) - Noncitizens granted Temporary Parole as a Refugee Status by the Attorney General

See Supplemental Handbook Chapter 730 for information on providing Cash Assistance to eligible refugees.