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7610 DEFINITIONS

1. A “sponsored alien” is a person lawfully admitted for permanent residence into the United States (Section 3200) for whom a sponsor has executed an affidavit of support (INS Form I-864 or I-864A) on behalf of the individual. 2. A “sponsor” is a person or organization signing the affidavit on behalf of the alien as a condition of entry. If the sponsor’s spouse also signed an affidavit on behalf of the alien, the sponsor’s spouse income and resources must also be deemed. 3. “Date of entry” or “Date of admission” means the date established by the Immigration and Naturalization Service as the date the sponsored alien was admitted for permanent residence. 4. The affidavit of support (I-864 or I-864A) is a legally enforceable contract between the sponsor(s) and federal government for the benefit of the sponsored immigrant.

The affidavit is required for all applications for immigrant visas or adjustment of status filed on or after December 19, 1997 (unless the individual is not required to have a sponsor under Immigration and Nationality Act (section 5820, C).

By executing Form, I-864 or I-864A, the sponsor(s) agrees to provide the financial support necessary to maintain the sponsored immigrant at an income that is at least 125% of the federal poverty line, unless the obligation has terminated (Section 5830).

7620 EXCEPTIONS TO SPONSORED ALIEN RULES

A. Aliens who are members of the sponsor’s SNAP household.

B. Aliens who are sponsored by an organization.

C. Aliens not required to have a sponsor under the Immigration and Nationality Act such as refugees, parolees, asylees, and Cuban or Haitian entrants. Children, under age 18, who are legally residing in the U.S.

D. Sponsor deeming does not apply to children who are legally residing in the U.S. and under 18 years of age.

E. A battered alien spouse, alien parent of a battered child, or a battered alien. 1. An exception from sponsor deeming for certain battered spouses and children is allowed for a one-year period. 2. This exception is for immigrant spouses and children who have been battered or subject to extreme cruelty in the United States by their spouses, parents, or by another family residing in the household who was allowed to commit the acts. 3. The battery or cruelty must have a substantial connection to the need for the public benefits. 4. The spouse or child subjected to cruelty must not be living with the person who committed the abusive acts. 5. The battered spouse exception may extend beyond the initial one-year period if the INS judge or an administrative law judge formally recognizes the battery or extreme cruelty occurred. The local department must also determine that the abuse continues to have a connection with the spouse or child’s need for benefits. 6. SNAP program staff assistance may be requested if this situation occurs.