Sponsored Non-Citizen Definition

A sponsored non-citizen is a non-citizen whose entry into the United States (U.S.) was sponsored by a person or group which, as part of the sponsorship, executed an affidavit of support or similar agreement on behalf of the non-citizen as a condition of the non-citizen's entry into the country. The affidavit of support (I-864 or I-864A) attests that the sponsor (and/or the sponsor’s spouse) has sufficient income and resources to meet the non-citizen’s needs. A portion of the sponsor’s income and resources are considered available to the sponsored non-citizen. The process used to determine the portion of income and resources available to the sponsored non-citizen is called deeming.

The following policy provides instructions in accordance with regulations that are applicable to all sponsored non-citizens regardless of age (i.e. adults and sponsored children under the age of 18).

Guidelines

Sponsorship status must be explored in the same way all other aspects of eligibility are explored for all LPRs with a date of entry on or after December 1, 1997. The circumstances under which a non-citizen entered into the U.S. must carefully be explored to determine whether the client is sponsored. When the reported information and verification are consistent, the client’s statement regarding sponsorship on the Statement of Facts is sufficient. Applications can not be approved until sponsorship status has been determined.

Exceptions

[EAS 43-119.221]

Sponsorship provisions will not be applied when the non-citizen has been determined to be indigent or battered.

Indigent

The sponsorship provisions will not apply for a period of 12 months beginning on the date of the indigence determination when it has been determined that a sponsored non-citizen will go hungry and homeless without aid and the sponsored non-citizen is:

Unable to provide the necessary information regarding their sponsor, or
The county has not been able to contact the sponsor.

This exception is not renewable and is granted only once in a lifetime. A reminder must be created to review the indigent determination at the end of the 12-month period.

Example Example Mr. X and family are sponsored non-citizens with a date of entry of 2/17/15. They apply for CW on 8/1/15. They are determined to be indigent and are approved for CW effective 8/1/15. Mr. X and family received CW from 8/2015 through 5/2016 when they are discontinued for income over IRT. In 9/2016 Mr. X is back to apply for CW because he lost his job. All sponsored non-citizens in the assistance unit (AU) are no longer eligible for the “indigent” exception because the 12-month exception period has ended effective 7/2016. After the indigent period has expired, they are no longer eligible for this exception. They now must comply with the sponsorship requirements.

Battered Sponsored Non-Citizen

Sponsored non-citizens who are victims of domestic abuse are exempt from the sponsor deeming rules for a period of 12 months if:

The non-citizen has been battered or subjected to extreme cruelty in the U.S. by a spouse or a parent; or by a member of the spouse or parent’s family who is residing in the same home as the non-citizen; or
The non-citizen child has been battered or subjected to extreme cruelty in the U.S. by the spouse, parent(s), or family members of the non-citizen.

After a 12-month period, the exception to the rules regarding the batterer's income and resources continue only if the non-citizen demonstrates that such battery or cruelty has been recognized by a:

Order of a judge, or
Administrative law judge, or
A prior determination from USCIS.

A reminder must be created to review the indigent determination at the end of the 12-month period.

Affidavit of Support

Sponsors submit an “Affidavit of Support” (I-864) promising to financially assist the non-citizen as a condition of the non-citizen’s entry into the U.S. When a non-citizen is sponsored, they will have an I-864.

Obtaining the I-864

When the client does not have a copy of the “Affidavit of Support” (I-864), a secondary SAVE verification request must be completed. Eligibility to benefits can not be determined until the “Document Verification Request” (G-845) and the “INS Document Verification Request Supplement” (G-845 Supplement) have been returned affirming non-citizen status.

Conditions of Eligibility

A sponsored non-citizen must provide information and documentation of the sponsor’s income and resources. As a condition of eligibility for CalWORKs, a sponsored non-citizen who is sponsored by an individual must complete all of the following steps.

Client
1. Obtain the necessary cooperation from the sponsor by providing the “Affidavit of Support” (I-864) and completing the “Sponsor’s Statement Of Facts Income And Resources” (SAR 22) with the income and resource verification to make eligibility determination.
EW
1. Determine eligibility by using information and verification provided on I-864 and SAR 22.
Client
1. Comply with reporting responsibilities (i.e. SAR 72, IRT reporting, etc.).

Until the conditions of eligibility are met, the sponsored non-citizen is not apparently eligible and cannot receive Diversion, Homeless Assistance, or an Immediate Need. Aid shall be denied only to the sponsored non-citizen(s), in the assistance unit, if the non-citizen is unwilling or fails to provide the information.

Application Processing

CalWORKs regulations require that an application be approved or denied no later than 45 days following the date of application. This time period applies to the SAVE process and does not change the CalWORKs payment requirements.

If an applicant/recipient identifies themself as a “lawful non-citizen”, the EW must determine the non-citizen status by questioning the applicant/recipient and reviewing the immigration documents.

If the non-citizen...

Then the EW will...

Gives inconsistent, conflicting, or does not know,

Review the immigration documents and

Request the I-861, and
Initiate secondary SAVE.

States they are sponsored and the sponsor refuses to cooperate by:

Failing to complete the SAR 22 and/or
Refusing to provide income and/or resource verification

Obtain a “Sworn Statement” (GEN 853) and review the case to determine whether the non-citizen meets one of the sponsorship exceptions.

If no exception is met, deny the sponsored non-citizens only.
If an exception is met, process the application as appropriate.

Refer to the Exceptions section above.

States that they are sponsored and the sponsor is willing to cooperate,

Provide the client with the “Request for Verification” (CW 2200) requesting:

I-864,
SAR 22, and
Verification of sponsor's income and resources.

If the requested non-citizen documentation is not provided by the 45th day following the date of application, deny the non-citizen member(s) of the AU. Do not delay granting aid to the remaining member(s) of the AU, pending documentation of non-citizen status if the AU is otherwise eligible.

Deeming

All income and resources of the non-citizen’s sponsor, and the sponsor’s spouse, who is not receiving CalWORKs, SSI, or other public cash assistance (such as General Assistance) shall be considered, or deemed, to be available to the sponsored non-citizen.

Deeming occurs indefinitely until the sponsored non-citizen:

Achieves U.S. citizenship, or
Leaves the country permanently, or
The sponsor dies (verification required if information is questionable), or
Sponsor or sponsor’s spouse starts receiving public assistance benefits, or
Has worked 40 qualifying work quarters of coverage under Title II of the Social Security Act or can be credited with such qualifying quarters.

Determination of Resources

[42-205.5]

The resources of the non-citizen’s sponsor and the sponsor’s spouse living with the sponsor are deemed to be the sponsored non-citizen’s resources.

The total value of non-exempt real and personal property of the sponsor and the sponsor’s spouse is determined as if they were applying for aid.
If the person is the sponsor for more than one non-citizen, the resources shall be divided by the total number of sponsored non-citizens receiving CalWORKs including those non-citizens in separate assistance units. This amount is deemed to be the resources of each sponsored non-citizen.
If the deemed resources alone, or in combination with other property of the assistance unit, exceed the property limits, only the sponsored non-citizen(s) are ineligible.

These resources are not considered available to other applicants or recipients in the family who are not sponsored non-citizens, unless the resources are actually available to the assistance unit.

Example 1 Example 1

The sponsor and the sponsor's spouse have $20,000 in real and personal property. They have sponsored 3 persons into the U.S.; 2 are applying for CalWORKs.

$20,000/2 = $10,000 (amount to be deemed per person applying for CW.)

The non-citizens are not eligible; the total deemed property from the sponsor to the sponsored non-citizens ($10,000 x 2 = $20,000) exceeds the property limit.

Example 2 Example 2

Family applying for CalWORKs - father is a sponsored non-citizen, 3 children are refugees, and mother is deceased. The sponsor and spouse have $30,000 in real and personal property. The father is the only non-citizen they have sponsored and he is not eligible.

$30,000/1= $30,000 is available to the non-citizen father.

Father would not be eligible due to the $30,000 deemed to him from the sponsor's resources. However, the 3 children could be eligible. There would be no deeming of the sponsor's income or resources to the children unless it was actually made available to them.

Determination of Income

[EAS 44-133.7]

The income of the sponsor and the sponsor’s spouse who lives with the sponsor, and who is not receiving cash aid, SSI, or other public cash assistance is deemed to be the sponsored non-citizen’s income. The income is determined as follows:

Determine the total amount of unearned income of the sponsor and the sponsor’s spouse.
Determine the total amount of earned income of the sponsor and spouse (i.e. wages, salary, or net earnings from self-employment).
If the sponsor is the sponsor of more than one non-citizen, divide the total gross income (from Step 1 and 2) by the total number of sponsored non-citizens who are applying for or receiving cash aid including those in separate assistance units.
1. This amount is deemed to be the income of each sponsored non-citizen applicant or recipient.
2. Income deductions are not applicable.
When the sponsored non-citizen is not included in the assistance unit (AU), the portion of the sponsored non-citizen's income, which has been deemed from the sponsor, is not to be used in determining the contribution to the AU unless the income is actually available.
1. Note: Sponsored non-citizens whose needs are being met by the sponsor must be excluded from the AU. A sponsored non-citizen's needs are met when the total deemed income from the sponsor meets or exceeds the MAP for the sponsored non-citizen(s).
2. Refer to Persons Excluded By Law [EAS 82-832.1].
When the sponsored non-citizen is a member of the AU, the deemed income from the sponsor and the sponsor’s spouse is treated as unearned income for the entire AU. If the deemed income exceeds the MAP, deny or discontinue the case.
If the sponsored non-citizen is either an excluded parent or stepparent, the income shall be treated in accordance with the excluded parent or stepparent deeming computation.

Sponsor's Semi-Annual Income and Resources Report” (SAR 72)

[EAS 40-181]

The sponsored non-citizen recipient is responsible for submitting a “Semi-Annual Eligibility/Status Report” (SAR 7) and a “Sponsor's Semi-Annual Income and Resources Report” (SAR 72) by the fifth calendar day of the submit month. The steps below must be followed:

EW
1. Provides adequate supply of the SAR 72 at Intake and Redetermination (RD) and explains the requirement to return the SAR 72 with the SAR 7.
Sponsored Non-citizen (Client)
1. Completes the SAR 72 and obtains from the sponsor:
  1. Necessary cooperation, and
  2. All necessary information.
EW
1. Takes appropriate action.
  1. If the SAR 72 is returned timely and correctly completed,
    1. Determine ongoing eligibility and the future payment period’s grant amounts. Send any required NOAs.
  2. Either the SAR 72 is incomplete or is not received,
    1. Discontinue those members of the AU who are sponsored non-citizens for failure to provide a completed SAR 72 on or before the first calendar day of the payment month.
    2. The deeming exemption should be explored if the client cannot provide the sponsor’s information.
    3. Refer to Exceptions [EAS 43-119.221].

Failure to provide a completed SAR 72 on or before the 1st calendar day of the next SAR payment period shall result in a discontinuance only for those members of the AU who are sponsored non-citizens.

Requirements for a Complete SAR 72

The SAR 72 is considered complete if ALL of the following requirements are met:

It is dated no earlier than the first day of the submit month.
The boxes for the address and county where signed are completed.
It is signed by the sponsor and the recipient.
All questions and items pertaining to the income and resources of the sponsor are fully answered.
The information together with the submitted evidence must provide the necessary information to correctly determine the amount of income and resources to be deemed to the recipient.
Evidence is submitted with the SAR 72 to establish the gross amount of income received by the sponsor or sponsor’s spouse (if living together) and the date of receipt.

Note: The SAR 72 is not required when the sponsored non-citizen(s) qualifies for one of the two deeming exceptions. Refer to Exceptions [EAS 43-119.221].

Failure to provide a completed SAR 72 on or before the 1st calendar day of the next SAR payment period shall result in a discontinuance for the sponsored non-citizen members of the AU.

Sponsored Non-Citizen Definition

Guidelines