Sponsored Noncitizens

Processing Sponsored Noncitizen Cases

When processing sponsored noncitizen cases, the EW must take the following action:

Obtain the sponsor’s information (name and current address) from the client.
Ask the client to review and complete the “GA Requirements for Sponsored Noncitizens” (GA 55) and “Sponsorship Questionnaire” (GA 54). If the client refuses or fails to complete the GA 54, deny/discontinue GA.
Obtain a copy of the “Affidavit of Support” from the client and an “Agreement to Reimburse - Sponsor” SCD 355 S/A.
1. Note: If the client refuses to provide required documentation deny/discontinue GA.
2. Reminder: If the client indicates that he/she does not have, and is unable to obtain a copy of the affidavit of support; do not deny/discontinue GA. See Client Unable to Provide Information.

If the affidavit signed is the...	Then...
I-134 AND it is dated over three years ago,	Sponsor deeming does not apply. (Because the three [3] year sponsorship of income/resource deeming rules have ended). The SCD 355 S/A must still be completed.
I-864 and it is dated within three years,	Because the three [3] year sponsorship of income/resource deeming rules have NOT ended, sponsor deeming will apply. Refer to Deeming of Sponsor’s Income and Resources. The SCD 355 S/A must be completed.

Schedule an appointment for the sponsor(s), if appropriate, and send/give the “Notification to Sponsor (GA 56).
Obtain the following from the sponsor(s):
1. Affidavit of Support,
2. “GA - Sponsor’s Statement of Facts” (GA 24), and
3. “Agreement to Reimburse - Sponsor” (SCD 355-S/A). Refer "Sponsor's Reimbursement Agreement" below for processing instructions.
4. Note: If the applicant/recipient is also requesting CalFresh, the sponsor must also complete the “Sponsor’s Statement of Facts Income/Resources” (SAR 22) and the “Sponsor’s Semi-Annual Income & Resources Report” (SAR 72).
Initiate the “Sponsored Non-Citizen Control Sheet” (GA 60) by completing the following:
1. Case name and number
2. GA application date
3. Date that action must be taken on the application (This is the 45th day from the date of the GA 1 was signed).
4. Date the client completed the GA 54, and
5. Date the client was given the GA 55 (This is the GA application date if the GA 55 was included in the intake packet).
6. Has copy of GA 60 scanned to Imaging.
Complete the "Referral of Sponsor to Collections" (GA 59) as soon as GA program is approved and email it to the Collections Unit email box at collections@ssa.sccgov.org

Reminder: If the sponsored noncitizen claims to be abused or abandoned by his or her sponsor(s), he or she may qualify for GA under Director’s Exception. Refer to Director’s Exception chapter.

Client Unable to Provide Information

If the sponsored noncitizen is unable to provide the name, current address of the sponsor AND a copy of the “Affidavit of Support”, the following actions must be taken:

If the client...

Then...

Is UNABLE to provide the affidavit of support and sponsor information, or DECLARES the whereabouts of the sponsor is unknown,

The EW must assist the client to obtain the required documentation. [Refer to “Request from USCIS,” for the process.]

Once sponsor information is obtained and the client has given his/her consent, the EW can send the required sponsorship documents directly to the sponsor(s).

Exception: No documents are to be send to the sponsor(s) of an abused/abandoned applicant/recipient of Directors Exception

Note: The case must be held pending up to forty-five (45) calendar days to provide the client the necessary time to obtain the required documentation.

REFUSES to cooperate,

The GA application must be denied.

Reminder: The EW must distinguish the difference between the client’s inability to provide the requested information vs. the client’s refusal to cooperate in order to take the appropriate action.

Request from USCIS

Sponsor Information

If sponsorship is in question or the client is unable to provide the sponsor’s name and current address, the EW must:

Use the Online SAVE to initiate a secondary verification.
Set a "Case Alert" to flag the date for the expected return of the Online SAVE.
Have a copy of Online SAVE scanned to Imaging.

Affidavit of Support

USCIS does not automatically provide the noncitizen with a copy of the Affidavit of Support. At any time, the noncitizen may request a copy of the Affidavit by completing the “Freedom of Information/Privacy Act Request” (G-639) and submitting it to USCIS. The client must obtain this form from USCIS. Refer to the USCIS webpage.

Referring Sponsor(s) to the Public Assistance Collections Unit

The Public Assistance Collections Unit will pursue collections efforts on closed GA sponsor cases.

The following process must be followed to ensure proper referral:

INTAKE:
1. Obtains affidavit of support and all sponsor forms applicable to the case.
2. Completes the form "Referral of Sponsor to Collection” (GA59)
3. Emails the completed GA 59 with applicable documentation to Collections Unit email box: collections@ssa.sccgov.org.
4. Note: The sponsor(s) must be added to CalSAWS (do not create CIN) and clearly identified as a sponsor. This information is critical for the monthly report DSR96381 mentioned below.
CONTINUING:
1. When GA program closes; creates a GA/GR loan for the period and total amount of GA benefits client received while sponsored.

Monthly report DSR96381 captures sponsor information for all GA sponsored cases that have discontinued the prior month. The report is forwarded to the Collections Unit for collection efforts.

Reminder: The Sponsor(s) information must be entered in CalSAWS for an accurate report.

Sponsor Present at Interview

If the sponsor is present at the interview, the EW must:

Complete the “Agreement to Reimburse - Sponsor” (SCD 355-S/A) and have the sponsor sign it. Refer to Agreement to Reimburse GA Policy, for specifics on how to complete the SCD 355-S/A.
Review the "General Assistance Program Sponsor’s Statement of Facts" (GA 24) for completeness and the "Sponsor’s Statement of Facts Income/Resources" (SAR 22) if applicable.
Obtain a copy of the “Affidavit of Support” (I-134 or I-864), if not previously provided by the client.
Establish eligibility in accordance with normal procedures.
Refer the sponsor to Collections by completing the “Referral of Sponsor to Collections” (GA 59) and attach the documents indicated on the form.

Sponsor Not Present

If the sponsor is not present at the interview the EW must:

Schedule an appointment with the sponsor for five (5) working days from the date of the intake interview. The purpose of the interview is to have the sponsor:
1. Sign the SCD 355-S/A
2. Complete the "General Assistance Program Sponsor’s Statement of Facts" (GA 24) and "Sponsor’s Statement of Facts Income/Resources" (SAR 22), if applicable, and
3. Provide a copy of the “Affidavit of Support” (I-134 or I-864), ONLY if it has not already been provided.
Mail the following to the sponsor:
1. The "General Assistance Program Sponsor’s Statement of Facts" (GA 24)
2. The “Requirements for Sponsored Non-Citizens” (GA 55), and
3. The "Notification to Sponsor" (GA 56).
  1. Note: Retain a copy of the GA 56 in the case folder.
4. REMINDER: If the client is also requesting CalFresh, the “Sponsor’s Statement of Facts Income/Resources” (SAR 22) and “Sponsor’s Quarterly Income & Resources Report” (SAR 72) are also required.
Enter the following information on the “Sponsored Non-Citizen Control Sheet” (GA 60):
1. The date the "Notification to Sponsor" (GA 56) was mailed to the sponsor, and
2. The scheduled appointment date. (If the sponsor calls to change the appointment date, the EW must change the date on the GA 60.)

Sponsor Keeps Appointment

If the sponsor keeps the scheduled appointment, the EW must follow the procedures outlined in Sponsor Present at Interview.

Sponsor Does Not Keep Appointment

If the sponsor does not keep the appointment and the case is an intake application, the EW must:

Determine if the “Affidavit of Support” (I-134 or I-864) has been provided.

If the affidavit...	Then...
Has been provided,	Attempt to reschedule the appointment with the sponsor.
Has NOT been provided,	Assist the client in requesting the information from USCIS. Refer to Request from USCIS.

Maintain the case in pending status (for up to 45 days) pending the return of the I-134 or I-864; and for Sponsor to keep the rescheduled appointment.

If Sponsor...	Then...
Keeps the rescheduled appointment and signs the SCD 355 S/A,	Establish eligibility in accordance with normal procedures.
Fails to keep appointment and doesn’t sign SCD 355 S/A,	Deny the case.

If...	Then...
Case is Approved,	Refer the sponsor to Collections by completing the “Referral of Sponsor to Collections” (GA 59), and attaching the required documents to the form.

Noncitizen Sponsor’s Data

For all sponsored noncitizen cases, the EW must enter the appropriate information regarding the noncitizen’s sponsor into CalSAWS. This information is to be provided by the noncitizen or their sponsor.

Agreement to Reimburse - Sponsor (SCD 355 S/A)

Completion of the SCD 355 S/A

Must be completed/signed in BLACK INK.
All names ever used by the sponsor(s) shall be listed in the space marked “Alias”. The signature of each sponsor must match one of the names/aliases listed (including middle initials if used in the signature).
The EW must print or type in the case number, date, client's name, SSN, and date of entry.
The EW must obtain the sponsor's signature (and the spouse's signature if they are married and not separated).
When there is a legal guardian involved, the guardian of the “Estate” must also sign the form. The proper signature for the Public Guardian is:
"______________________, Deputy Public Guardian, for Don Moody,

(name of deputy)

Public Guardian, as conservator of the estate of ______________________________________ (name of client as shown on court papers)

Note: The name of the client as shown on the court papers must match the name shown at the top of the document. If it does not match exactly, the name on the court documents must be listed at the top of the form as an alias.
For names written in picture languages, the client should be encouraged to write the name in English. A translator may assist the client in the execution of the written English translation as it appears at the top of the document.
Forms signed with an “X” require three witnesses to the signature.
When it is possible to get the signature of a co-owner of property, that person shall sign the third line of the form.
The EW must complete the bottom section of the form, entering the name of the current County Clerk on the County Clerk line (currently, Regina M. Alcomendras) and uses their own name on the lines for "Deputy County Clerk".
The County Seal stamp must be placed to the right of the EW's signature.
Reminder: The name used when the EW is hired and deputized (only those assigned to GA are deputized, others hired are sworn in) is to be the name used when signing the bottom section of the SDC 355 S/A.
Must be stamped with the GA District Office address on the top left side of the form, where it reads: "When recorded, return to:"

Sponsor Unable to Complete the SCD 355 S/A

When a sponsor(s) is unable, because of physical or mental disability, to sign their own signature on the form, the spouse and legal guardian may sign on their behalf. The form shall then be completed as follows:

On the first signature line, the spouse shall sign his/her name.
The person signing for the sponsor shall complete the second signature line as follows:
Enter the sponsor’s name.
Enter “by” and sign his/her own name.
Enter “Attorney,” “Guardian,” or “Conservator,” if applicable.

Routing Instructions

The original English version of the SCD 355 S/A is mailed to the County Recorder’s officeoffice:

Santa Clara Clerk-Recorder

70 W Hedding Street

First Floor - East Wing

San Jose, CA 95110
A copy is given to the client and/or Public Guardian/Conservator and a copy is scanned to Imaging.
Upon receipt of the recorded SCD 355 S/A received back from the County Recorder's office, ensure it is scanned to Imaging and request that Clerical removes the previous imaged version that was not yet recorded.
Note: A copy of the SCD 355 S/A received back from the County Recorder's office can also be given to the client or Public Guardian/Conservator upon request.