Sponsor Deeming

The income and property of the sponsor and the sponsor’s spouse (who lives with the sponsor), are deemed to the sponsored noncitizen, until one of the provisions as described in Section 11.2 is met.

Reminder: Sponsor deeming overrules spouse and parent deeming per MPP 49-037.24.

Deemed Income

The sponsor’s income, regardless of where the sponsor is living, is deemed to the sponsored noncitizen. The “Cash Assistance Program for Immigrants (CAPI) Sponsor to Alien Deeming Worksheet” (SOC 454) must be used to calculate the amount of income to be deemed.

The following formula is used to determine the amount of income deemed from the sponsor to the noncitizen.

In this example, the sponsor is married (co-sponsor) with three children and the living arrangements are HOA:

 

Step Action Example

1

Enter the gross income (earned and unearned) of the sponsor(s) and the sponsor’s spouse (if living together).

$4,000.00
2

Subtract the sponsor’s allocation.

NOTE: Each sponsor’s allocation is equal to the federal SSI Benefit Rate for an individual. If the co-sponsor are married (if living together), the total allocation is two times the individual SSI Benefit Rate (do not use couples rate).

Refer to Chart Book.

- $1,886.00
3

Subtract the allocation for the sponsor’s dependents.

NOTE: The allocation for the sponsor’s dependent is equal to one-half (rounded up) of the federal SSI Benefit Rate for an individual for each dependent (spouse who is not a co-sponsor receives the dependent allocation).

Refer to Chart Book.

- $ 1,416.00
4 The remainder is the amount deemed (or available) to the sponsored noncitizen. = $698.00
5 Subtract the amount of deemed income from the CAPI standard and drop the cents to determine the sponsored noncitizen's benefit amount: $873.87 - $698.00 = 175.87 $175.00

Deemed Resources

The resources of any noncitizen include the resources of the noncitizen’s sponsor regardless of whether they live in the same household and whether the sponsor actually makes the resources available to the applicant or recipient.

  • The same resource exclusions that apply to the CAPI recipient apply to the sponsor’s resources. Refer to Exempt Resources.
  • The resources of the sponsor’s spouse are also included if the sponsor and his or her spouse live in the same household
  • The amount of the sponsor’s resources (and spouse, if any) is the amount remaining after the applicable resource limit ($2,000 for an individual or $3,000 for couples) is deducted from their total personal property.

The following formula is used to determine the amount of resources deemed from the sponsor to the noncitizen. In this example the sponsor is married:

 

Step Action Example
1 Enter the total amount of countable resources of the sponsor(s) and the sponsor’s spouse (if living together). $4,200.00
2

Deduct the allowable resource limit of the sponsor(s).

NOTE: Each sponsor’s allocation is equal to the SSI resource limit of $2,000 for an individual, or $3,000 for a couple when both members of the couple are living together and one member is not a co-sponsor. If both members of the couple are co-sponsors, the allocation is twice the individual resource limit of $2,000, which equals $4,000.

- $3,000.00
3 The remainder is the amount deemed to the sponsored noncitizen’s property reserve.  = $1,200.00
4 Add the amount of deemed resources to the noncitizen’s own resources. ($400 own resources) + $400.00
5 The total is the amount of resources for the sponsored noncitizen. This amount is to be compared to the property limit. If this amount exceeds the property limit, the noncitizen is ineligible for CAPI. = $1,600.00

Related Topics

Deeming Exception Due to the Sponsored Noncitizen’s Disability (for I-134 only)

Indigence Exception Rule (for I-864 only)

Exempt Resources