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Page | 127 F. An indigent alien whose sponsor’s contribution is so inadequate that the immigrant is unable to obtain food and shelter. 1. “Unable to obtain food and shelter” means the total amount of the eligible sponsored alien’s household own income, plus any cash, food, housing, or other assistance (including in-kind) provided by other individuals, including the sponsor(s), does not exceed the gross income test for the household’s size (130% of the federal poverty level). 2. To make this determination, add the alien’s countable income less farm loss or legally obligated child support paid to a non-household member, plus any cash, food, housing, or other assistance provided by other individuals, including the sponsor(s), in the month of application. a) In-kind assistance is defined as performing some work or service in lieu of paying for a product or service. Determine the amount of in-kind assistance by estimating a value for it. For example, if the alien does work for the sponsor for his room, ask the sponsor how much he normally charges for the room rent. Documentation is essential. 3. Compare the total income, contribution and value of in-kind assistance to the gross income limit for the alien’s household size. If the total is greater than the gross income limit, the alien is not indigent, and sponsor deeming must occur. If it is less, the alien is indigent. 4. If the alien is indigent, the indigent exemption continues for 12 months from the month of determination. After 12 months, a new indigent determination is required (follow steps 1-3). 5. During the 12 months the alien is considered indigent, count only the actual amount of cash support paid to the alien from the sponsor(s) for sponsor deeming, beginning with the month of determination. 6. When an indigent determination is made, report to the US Attorney General in writing. a) The Attorney General, US Department of Justice, 950 Pennsylvania Ave., NW, Washington, DC 20530-0001 b) Include the name of the indigent alien, the name of the sponsor, and the 12 month indigent time frame. c) Send a copy of the letter to SNAP program staff.

G. Sponsor deeming rules only apply to eligible aliens so if the individual is an ineligible alien, no deeming is completed.

7630 TERMINATION OF SPONSOR OBLIGATION

The sponsor’s support obligation terminates when the sponsored alien: A. Becomes a citizen of the United States; or

B. Has worked, or can be credited with 40 qualifying quarters of work (Section 3222); or

C. Ceases to hold the status of an alien lawfully admitted for permanent status and has departed the U.S; or

D. Dies; or

E. The sponsor’s obligation also terminates if the sponsor dies; or

F. If the alien changes sponsors, use the new sponsor’s income and assets.