Sponsorship

A SPONSORED NONCITIZEN is a noncitizen whose entry into the United States was sponsored by a person, or a public or private agency or organization, which executed an affidavit of support or similar agreement on behalf of the noncitizen as a condition of the noncitizen’s entry into the United States.

Sponsored noncitizen “deeming” rules do not apply to public or private agencies or organizations, only to individuals who are sponsors.

Affidavit of Support

Noncitizens may be “sponsored” when they apply for an immigration visa. Sponsors submit an Affidavit of Support promising to financially assist the noncitizen if it is necessary.

The following are the 2 types of Affidavit of Support that the sponsor may have signed:

  • I -134, “Old Affidavit of Support”, or
  • I -864, “New Affidavit of Support.”

“Old Affidavit of Support” (I-134)

Most sponsored noncitizens who entered the United States prior to 12/19/1997 will have the “Old Affidavit of Support” (I-134).The following are the 2 types of CAPI benefits received under the Old Affidavit of Support:

  • Regular CAPI
  • Extended CAPI

Regular CAPI

If client is receiving Regular CAPI benefits, deeming from a sponsor who signed the I-134 applies unless or until one of the following occurs:

  • The sponsor dies.
  • The noncitizen has resided in the United States for 3 years or longer since the date of admission for permanent residence as established by the USCIS.

To be eligible for basic/regular (i.e. not "extended") CAPI, a noncitizen who legally entered the United States on or after August 22, 1996 must be sponsored and one of the following must apply:

  • The sponsor is deceased.
    • The applicant must provide evidence that his or her sponsor has died.
  • The sponsor is disabled as defined in Welfare and Institutions Code Section 11320.3(b)(3)(A).
    • The applicant must provide verification of the sponsor’s disability.
  • Welfare and Institutions Code Section 11320.3(b)(3)(A) states:
    • “The individual is disabled as determined by a doctor’s verification that the disability is expected to last at least 30 days and that it significantly impairs the recipient’s ability to be regularly employed, or participate in welfare-to work activities, provided that the individual is actively seeking medical treatment.”

Note: The disability must be re-verified at least one month prior to the expiration of the “through date.”

  • The applicant is a victim of abuse by the sponsor or the sponsor’s spouse. Abuse is defined in the same manner as provided in MPP Section 42-701.2(d)(3), as authorized by Welfare and Institutions Code Section 11.495.1.

Abuse is defined as assaulting or coercive behavior that includes, but is not limited to physical abuse, sexual abuse, psychological abuse, economic control, isolation, stalking, and threats or other types of coercive behavior.

Welfare and Institutions Code Section 18938(a)(4) states in part:

  • (A)(4)... A sworn statement of abuse by a victim, or the representative of the victim if the victim is not able to competently swear, shall be sufficient to establish abuse if one or more additional items of evidence of abuse is also provided. Additional evidence may include, but is not limited to the following:
    • “(i) Police, government agency, or court records or files.”
    • “(ii) Documentation from a domestic violence program, legal, clinical, medical, or other professional from whom the applicant or recipient has sought assistance in dealing with abuse.”
    • “(iii) A statement from any other individual with knowledge of the circumstances that provided the basis for the claim.”
    • “(iv) Physical evidence of abuse.”

Note: If the victim cannot provide additional evidence of abuse, then a confidential sworn statement is sufficient. The EW must make a referral to a Social Worker to assess the situation and make a determination.

See Regular CAPI for definitions of Regular CAPI.

Extended CAPI

If client is receiving Extended CAPI benefits, deeming from a sponsor who signed the I-134 applies for 10 years from execution of the Old Affidavit of Support or from the date of the client’s arrival to the United States, whichever is later.

See Extended CAPI for definitions of Extended CAPI.

When Sponsor-Deeming Does Not Apply

Sponsor-deeming does NOT apply under either Regular or Extended CAPI if the sponsor signed the I-134 and one of the following occurs:

  • The noncitizen becomes blind or disabled (as defined for SSI/SSP purposes) AFTER admission to the United States.
  • The noncitizen is a victim of abuse by his or her sponsor or the sponsor’s spouse.

 

Related Topics

“New Affidavit of Support” (I-864)