IMMIGRANTS & SPONSOR DEEMING ADVOCACY

As many of you know, non-citizens who become legal permanent residents (LPRs) and who got their status through a relative petition or, in some cases, family business/employer petition, may have their sponsor's income counted when they apply for food stamps or TAFDC. This is called "deeming" of sponsor income (and deeming of assets, if the asset test applies). The sponsor deeming rule affects LPR's whose sponsor has signed a legally enforceable affidavit of support. There are important exemptions for sponsor deeming, such as if the LPR is now a US citizens, if the sponsor has died, if the sponsor is part of the assistance unit, if the LPR has 40 quarters (10 years) of countable work history among other exceptions. For food stamps, there is NO sponsor deeming for kids. And there are important exceptions for battered immigrants as well as a special "indigence exception." Attached please see a “Q&A” which explains sponsor deeming. But there is another important advocacy note about sponsor-deeming.

If an LPR got his or her status through a relative petition, the FIRST step before counting the sponsor income is to figuring out what kind of affidavit of support was signed by the sponsor. There are TWO different affidavits of support: the "old" I-130 affidavit and the new, legally enforceable I-864 affidavit. There is NO deeming of sponsor income for LPRs whose sponsored signed the "old" I-130 affidavit of support. Attached are pictures and descriptions of both affidavits of support from the National Immigration Law Center guide. The I-130 affidavit was accepted by Immigration officials for LPR family based petitions filed before December 19, 1997 (and for 6 months thereafter). The I-130 affidavit is also STILL used for immigrants who are granted Diversity (lottery) visas.

Mass. Law Reform Institute (MLRI) heard from a number of advocates representing LPRs whose food stamps and/or TAFDC have been denied on the DTA assumption their sponsors signed a legally enforceable affidavit of support - when in fact the LPR entered with the I-130. Clients who did not have copies of the sponsor's affidavit would often wait months for Freedom of Information Act responses. Sympathetic DTA workers tried, without success, to verify the type of affidavit signed by the sponsor through the SAVE system (Systematic Alien Verification for Entitlements) that electronically confirms immigration status with the Department of Homeland Security (formerly INS). At the behest of MLRI and the MIRA Coalition, DHS recently implemented a SAVE "enhancement." Effective 12/5/05, the SAVE system is now able to tell state agency staff which affidavit of support was signed (and the name of the sponsor - information required for LPR applicants and for the indigence exception). According to DTA, the SAVE enhancement is working well and they are finding clients who should NOT be subject to deeming.

If you have LPR clients who were denied food stamps or cash assistance due to deeming of sponsor income, be sure to ask DTA to double-check the type of affidavit of support signed. And, remember, even if the sponsor signed the new affidavit of support, there are important exemptions and exceptions!

- Adapted from e-mail from Patricia Baker, Mass Law Reform Institute “"Sponsor deeming" of income - which affidavit of support? SAVE enhancement effectiver (sic) 12/5/05”, 12/13/06.

01/2006