Verification of Sponsor Information

It is the CAPI client’s responsibility to obtain his or her sponsor’s cooperation in developing and documenting the information needed to determine the sponsor’s income and property, the information needed to make an indigence exception determination, or any other information from the sponsor, which is needed to apply the sponsor-deeming rules.

Some examples of necessary information to determine eligibility include:

Affidavit of Support,
“Sponsored Noncitizens Applying for or Receiving Cash Aid and/or Food Stamps” (SAR 22),
“CAPI Sponsor’s Statement of Facts Income And Resources” (SOC 860),
Verification of sponsor’s income and property.

Sponsor’s Statement of Facts Income and Resources (SOC 860)

Sponsor-to-alien deeming applies to both the “Regular CAPI” and “Extended CAPI” programs. Generally, the income and resources of an immigrant’s sponsor (including the income and resources of the sponsor’s spouse, if he/she resides with the sponsor) are deemed to the immigrant for a period of ten years for “Extended CAPI”), or for Regular CAPI, until the sponsor dies, the immigrant naturalizes or the immigrant is credited with 40 qualifying quarters of earnings.

The form “Sponsor’s Statement of Facts Income and Resources” (SOC 860), must be used to determine the amount of income and resources from the sponsor(s) to be deemed to the CAPI applicant/recipient.

The form SOC 860 must be provided to the applicant/recipient and sponsor(s) as follows:

As part of the Intake and RRR packets, an additional form must be sent to the sponsor along with instructions to complete it and return it to the EW within 10 days.
If the form is not returned by the alloted time frame, a second copy of SOC 860 must be sent to the sponsor and applicant/recipient along with a second notice to comply within 10 days.
If the form is not returned within the additional 10 days, the CAPI application must be denied or benefits must be discontinued. An adequate notice of action is required.

All information provided by the sponsor(s) in the SOC 860 must be verified. The sponsor(s) must cooperate with the county’s efforts in this regard by providing all supporting documentation requested by the EW. Failure to provide the documentation required by SOC 860 or any verification requested by the EW will result in the denial/discontinuance of CAPI benefits.

Other forms of verification for sponsor’s income and resources may also be accepted, as long as all the information requested in the SOC 860 is provided.

Note: For CAPI only cases SOC 860 must be used. For cases with CAPI and CalFresh the SAR 22 may be used.

Exception: The SAR 22/SOC 860 and verification of sponsor’s income and property are not needed if it can be determined from the client’s statement that the sponsor’s income and property would make him or her ineligible for CAPI.

A sworn statement regarding the sponsor(s)’ income and property must be completed by the client before the income and property can be recorded in CalSAWS. CAPI must be denied or terminated for being over the income and/or property limit. Under no circumstances may a withdrawal of application be taken at this point.

The income and resources of the sponsor(s) declared in the SOC 860 must be verified at application and at every redetermination. The SOC expires after twelve months from its execution. Therefore a new SOC 860 or other acceptable verification is required every year.

Unable to locate the sponsor(s)

It is the CAPI applicant or recipient responsibility to obtain verifications of the sponsor’s income and property. When he/she indicates that the sponsor(s) cannot be located, has leave the United States, or his/hers whereabouts are unknown, the EW must investigate this allegation.

If the county’s attempt to mail the SOC 860 to the sponsor’s address on file, and this is returned by the U.S. Post Office as undeliverable, the steps below must be followed and documented:

Attempt to obtain a more current address for the sponsor from the CAPI applicant/recipient. If such an address is available, send the SOC 860 to the current address.

If the immigrant does not have a different address for the sponsor, or if the immigrant states that he or she does not know the sponsor’ s whereabouts, then:

Submit an Online SAVE, requesting the sponsor’s name and current address. If the USCIS response to the county includes a different sponsor name and/or address, send the SOC 860 to the current address. If USCIS does not respond to the county within 30 days or completes and returns the form to the county with the same sponsor contact information on file, then:
Assume that the sponsor cannot be located and accept the client’s statement/allegations in a “Cash Assistance Program for Immigrants Indigence Exception Statement” (SOC 809), if such allegations are credible and do not conflict with other information on file with the county. Refer to Indigence Exception Rule (for I-864 only).

Questionable or conflicting information must be clarified before CAPI benefits can be approved. If the applicant or recipient fails to provide information/verification and fails to complete the application/redetermination, the CAPI benefits must be denied or terminated.

If an application is denied for failure to provide essential information, and the applicant provides the required form and/or verification within 60 days of the application date, the denial must be rescinded and the original application processed. A new “Application for Cash Aid, Food Stamps, and/or Medi-Cal/State CMSP” (SAWS 1) is NOT required.

Note: Under no circumstances can the CAPI be approved or issued when the client is living with his or her sponsor and fails to submit sponsorship documents and verification, unless the client claims that he or she is a victim of abuse by his or her sponsor or sponsor’s spouse.

Online SAVE

The EW must verify sponsorship information when the CAPI client states that:

He or she does not have a sponsor; or
The sponsor’s information or whereabouts is unknown.

To verify sponsorship information, the EW must follow an Online SAVE process.

Refer to Common Place Handbook, Chapter 14, [“SAVE,” page 14-1] for more details.]

Affidavit of Support

Unless the CAPI client is exempt from sponsor-deeming requirements, the EW must obtain a copy of the client’s Affidavit of Support PRIOR to approval or issuance of CAPI benefits.

The CAPI client is ultimately responsible for obtaining a copy of the Affidavit of Support. The client can request a copy from USCIS under the FOIA, if the Affidavit was lost or destroyed. Refer to USCIS Website for detailed instructions on “How to Make a FOIA Request”.

The information on the Affidavit of Support must be compared with the current SAR 22/SOC 860. When discrepancies are found, the sponsor must explain and provide verification on the changes that occurred.

Delayed Affidavit of Support

When the Affidavit of Support from USCIS is unavailable or would take longer than six (6) weeks to obtain, the EW may determine CAPI eligibility without waiting for the copy of the Affidavit of Support. However, EW must have verification or acknowledgment from USCIS that the Affidavit of Support was requested by the CAPI client.