Special rules relating to treatment of non-213A aliens
The following rules shall apply if a State elects to take the income or resources of any sponsor of a non-213A alien into account in determining whether the alien is eligible for assistance under the State program funded under this part, or in determining the amount or types of such assistance to be provided to the alien:
(1) Deeming of sponsor’s income and resources
(1)Deeming of sponsor’s income and resources#
For a period of 3 years after a non-213A alien enters the United States:
(A) Income deeming rule The income of any sponsor of the alien and of any spouse of the sponsor is deemed to be income of the alien, to the extent that the total amount of the income exceeds the sum of— (i) the lesser of— (I) 20 percent of the total of any amounts received by the sponsor or any such spouse in the month as wages or salary or as net earnings from self-employment, plus the full amount of any costs incurred by the sponsor and any such spouse in producing self-employment income in such month; or (II) $175; (ii) the cash needs standard established by the State for purposes of determining eligibility for assistance under the State program funded under this part for a family of the same size and composition as the sponsor and any other individuals living in the same household as the sponsor who are claimed by the sponsor as dependents for purposes of determining the sponsor’s Federal personal income tax liability but whose needs are not taken into account in determining whether the sponsor’s family has met the cash needs standard; (iii) any amounts paid by the sponsor or any such spouse to individuals not living in the household who are claimed by the sponsor as dependents for purposes of determining the sponsor’s Federal personal income tax liability; and (iv) any payments of alimony or child support with respect to individuals not living in the household.
(B) Resource deeming rule The resources of a sponsor of the alien and of any spouse of the sponsor are deemed to be resources of the alien to the extent that the aggregate value of the resources exceeds $1,500.
(C) Sponsors of multiple non-213A aliens If a person is a sponsor of 2 or more non-213A aliens who are living in the same home, the income and resources of the sponsor and any spouse of the sponsor that would be deemed income and resources of any such alien under subparagraph (A) shall be divided into a number of equal shares equal to the number of such aliens, and the State shall deem the income and resources of each such alien to include 1 such share.
(1)(A)Income deeming rule#
(2)Ineligibility of non-213A aliens sponsored by agencies; exception#
A non-213A alien whose sponsor is or was a public or private agency shall be ineligible for assistance under a State program funded under this part, during a period of 3 years after the alien enters the United States, unless the State agency administering the program determines that the sponsor either no longer exists or has become unable to meet the alien’s needs.
(3)Information provisions#
(A) Duties of non-213A aliens A non-213A alien, as a condition of eligibility for assistance under a State program funded under this part during the period of 3 years after the alien enters the United States, shall be required to provide to the State agency administering the program— (i) such information and documentation with respect to the alien’s sponsor as may be necessary in order for the State agency to make any determination required under this subsection, and to obtain any cooperation from the sponsor necessary for any such determination; and (ii) such information and documentation as the State agency may request and which the alien or the alien’s sponsor provided in support of the alien’s immigration application.
(B) Duties of Federal agencies The Secretary shall enter into agreements with the Secretary of State and the Attorney General under which any information available to them and required in order to make any determination under this subsection will be provided by them to the Secretary (who may, in turn, make the information available, upon request, to a concerned State agency).
(3)(A)Duties of non-213A aliens#
A non-213A alien, as a condition of eligibility for assistance under a State program funded under this part during the period of 3 years after the alien enters the United States, shall be required to provide to the State agency administering the program—
(i) such information and documentation with respect to the alien’s sponsor as may be necessary in order for the State agency to make any determination required under this subsection, and to obtain any cooperation from the sponsor necessary for any such determination; and
(ii) such information and documentation as the State agency may request and which the alien or the alien’s sponsor provided in support of the alien’s immigration application.
(4)“Non-213A alien” defined#
An alien is a non-213A alien for purposes of this subsection if the affidavit of support or similar agreement with respect to the alien that was executed by the sponsor of the alien’s entry into the United States was executed other than pursuant to section 213A of the Immigration and Nationality Act [ 8 U.S.C. 1183a ].
(5)Inapplicability to alien minor sponsored by a parent#
This subsection shall not apply to an alien who is a minor child if the sponsor of the alien or any spouse of the sponsor is a parent of the alien.
(6)Inapplicability to certain categories of aliens#
This subsection shall not apply to an alien who is—
(A) admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [ 8 U.S.C. 1157 ];
(B) paroled into the United States under section 212(d)(5) of such Act [ 8 U.S.C. 1182(d)(5) ] for a period of at least 1 year; or
(C) granted political asylum by the Attorney General under section 208 of such Act [ 8 U.S.C. 1158 ].
(6)(A)#
admitted to the United States as a refugee under section 207 of the Immigration and Nationality Act [ 8 U.S.C. 1157 ];
(6)(B)#
paroled into the United States under section 212(d)(5) of such Act [ 8 U.S.C. 1182(d)(5) ] for a period of at least 1 year; or
(6)(C)#
granted political asylum by the Attorney General under section 208 of such Act [ 8 U.S.C. 1158 ].