Page 68

305.4 TANF MANUAL 7/05 Page 32a

D. Sponsored Aliens - For the purposes of determining eligibility, the income of any person who sponsors an alien’s entry into the United States on or after December 19, 1997, shall be considered to be the unearned income of the alien.

After determining that an alien meets the alienage requirements in Section 201.7.A.2.a.- d., the worker must determine if sponsor deeming is applicable to the individual. The alien groups exempt from sponsor deeming are refugees, asylees, deportees, parolees, Cuban-Haitians, and veterans/persons in active duty and certain of their relatives (Section 201.7.A.2.d). Aliens exempted are responsible for proving that their original entry status was one of those listed above if their current status is different.

1. Aliens Whose Sponsor Executes an Affidavit of Support on or After December 19, 1997

Section 213A of the Immigration and Nationality Act, as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996(P.L. 104-208) requires that the sponsor of an alien applying for an immigrant visa or adjustment of status on or after December 19, 1997, sign Form I-864, the "Affidavit of Support Under Section 213A of the Act." The sponsor of an alien who applied for an immigrant visa or adjustment of status before December 19, 1997, is not subject to the requirements of Section 213A and must sign Form I-134, the "Affidavit of Support," or another "non- 213A" affidavit of support, as determined by USCIS.

TANF Transmittal 29

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Page 68

Official source

305.4 TANF MANUAL 7/05 Page 32a

D. Sponsored Aliens - For the purposes of determining eligibility, the income of any person who sponsors an alien’s entry into the United States on or after December 19, 1997, shall be considered to be the unearned income of the alien.

After determining that an alien meets the alienage requirements in Section 201.7.A.2.a.- d., the worker must determine if sponsor deeming is applicable to the individual. The alien groups exempt from sponsor deeming are refugees, asylees, deportees, parolees, Cuban-Haitians, and veterans/persons in active duty and certain of their relatives (Section 201.7.A.2.d). Aliens exempted are responsible for proving that their original entry status was one of those listed above if their current status is different.

1. Aliens Whose Sponsor Executes an Affidavit of Support on or After December 19, 1997

Section 213A of the Immigration and Nationality Act, as amended by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996(P.L. 104-208) requires that the sponsor of an alien applying for an immigrant visa or adjustment of status on or after December 19, 1997, sign Form I-864, the "Affidavit of Support Under Section 213A of the Act." The sponsor of an alien who applied for an immigrant visa or adjustment of status before December 19, 1997, is not subject to the requirements of Section 213A and must sign Form I-134, the "Affidavit of Support," or another "non- 213A" affidavit of support, as determined by USCIS.

TANF Transmittal 29