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West Virginia Income Maintenance Manual Chapter 15

West Virginia Income Maintenance Manual Page 42 Chapter 15 Noncitizens, Refugees, and Citizenship

15.5 SPONSORED NONCITIZENS 15.5.1 INTRODUCTION The requirements for deeming income and assets do not apply to sponsors of immigrants who entered the United States (U.S.) before December 19, 1997. Deeming of income and assets applies to immigrants with equally enforceable Affidavit of Support for sponsorship affidavits filed on or after December 19, 1997. All federal means- tested programs must count the income and resources of a noncitizen’s sponsor and that of the sponsor’s spouse in determining the noncitizen’s eligibility for WV WORKS, the Supplemental Nutrition Assistance Program (SNAP), and Medicaid. The sponsor’s/sponsor’s spouse’s income and resources are considered to be available to the sponsored noncitizen in determining the sponsored noncitizen’s eligibility for these benefits. 15.5.2 DEEMING THE SPONSOR’S INCOME AND ASSETS The income and assets of the sponsor and his spouse are counted in their entirety and are considered available to the sponsored noncitizen in determining the sponsored noncitizen's eligibility for benefits. See Section 15.5.3.C for countable assets and income requirements of an ineligible sponsored noncitizen. No allowances are made for the needs of the sponsor, his spouse, the sponsor's family, or other sponsored noncitizen families. The sponsor's income and assets are counted in their entirety for all noncitizens sponsored by the specific sponsor. Deeming applies to all noncitizens sponsored by individuals. Most noncitizens who are sponsored by an Affidavit of Support are not eligible for SNAP, Medicaid, and WV WORKS. Deeming ends when a noncitizen has 40 Qualifying Quarters of work. See Section 15.4. • Deeming will apply for SNAP benefits purposes only to those who qualify under the military service provision. NOTE: The sponsor is an individual, not an organization, institution, or group.