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Sponsored Noncitizens
Time Limits
Count the income and resources of the noncitizen's sponsor (and the sponsor's spouse) until the sponsored noncitizen:
- Achieves United States citizenship through naturalization; or
- Has 40 qualifying quarters of work history; or
- Is no longer a noncitizen lawfully admitted for permanent residence and leaves the United States; or
- Dies.
Note: The sponsor’s support obligation also terminates when the sponsor dies.
Reminder: The CFAP uses all of the federal sponsor deeming rules EXCEPT for the period of deeming which is limited to THREE years from the date of the execution of the I-864 or I-864A. Refer to Deeming of Sponsor’s Income and Resources for complete CFAP information.
Refer to Citizenship for eligibility information on sponsored noncitizens other than the deeming of income and resources.
Deeming Resources [63-503.492]
Follow the chart below to determine resources for a sponsored noncitizen.
- Determine the net value of the personal and real property of the sponsor and the sponsor's spouse (If the sponsor's spouse signed the I-864 or I-864A).
- Subtract $1,500.
- Divide this amount by the number of sponsored noncitizens who are applying for or are already participating in CalFresh and share the same sponsor.
- Add the sponsored noncitizen(s) portion to the CalFresh HH's resource amount.
- Compare the total to the CalFresh resource limit and deny or discontinue benefits if it exceeds the CalFresh HH's resource limits.
The sponsor and his wife have $3000 in resources. He sponsored 2 family members who are applying for CalFresh in their own household.
$3,500- $1,500= $1,750
$1,750/2= $875/ per noncitizen
The resource limit is $2,000. In this situation the sponsored noncitizens meet the limit.
Deeming Income (63-503.492)
Income Formula
Use the following formula to deem income from the sponsor to the sponsored noncitizen
- Total the gross earned income of the sponsor and the sponsor's spouse (if the sponsor's spouse also signed the I-864 or I-864A).
- Multiply by 80%.
- Add gross unearned income of the sponsor and the sponsor's spouse (if the sponsor's spouse also signed the I-864 or I-864A) to the amount from STEP 2.
- Subtract the Maximum Gross Monthly Income Limit for a household equal in size to the sponsor's household (sponsor, sponsor's spouse and ANY OTHER PERSON who is claimed or could be claimed by the sponsor or sponsor's spouse as a dependent for tax purposes if information about these persons has been provided).
- Divide the remainder by the total number of noncitizens sponsored by this sponsor who are on CalFresh in any CalFresh HH to determine the amount of unearned income deemed from the sponsor to each sponsored noncitizen.
- Multiply the amount from STEP 5 by number of sponsored noncitizens in this CalFresh HH to determine unearned income deemed to this HH by the sponsor.
- Count the amount from STEP 6 as income to the CalFresh HH.
Sponsor's income: $2000 earnings and $300 unearned income.
Sponsor is responsible for a total of 4 sponsored noncitizens (2 of them in this CalFresh HH and 2 in another CalFresh HH).
There are 3 people in sponsor's HH
$2000 sponsor's earnings
x.80 to allow 20% earned income deduction
$1600 sponsor's adjusted gross income
+ 300 sponsor's unearned income
$1900 sponsor's total gross income
–1861 sponsor's family’s share (Maximum Gross Income Limit for 3 people)
$ 39
$39 divided by 4 sponsored noncitizens on CalFresh = $9.75 deemed to each sponsored noncitizen
$ 9.75 deemed to each sponsored noncitizen
x 2 sponsored noncitizens in this CalFresh HH
$19.50 income to this CalFresh HH
Direct Cash Payments
Count a direct cash payment to the noncitizen by the sponsor or the sponsor's spouse as income to the household ONLY IF the amount paid EXCEEDS the amount deemed available. Do not count the lesser amount computed by deeming income from the sponsor or sponsor's spouse when the larger direct cash payment is counted.
In the example above the sponsored noncitizen household is deemed $19.50 in income from their Sponsor. The sponsor also gives the sponsored noncitizen household a monthly amount of $200. In this situation only the $200 (the larger amount) would be counted as income to the CalFresh HH.
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