Sponsored Noncitizen and Temporary Protected Status

Sponsored Noncitizen

Definition

Sponsored noncitizens are admitted into the U.S. because another person or group has completed an affidavit of support which attests that they have sufficient income and resources to meet the noncitizen's needs.

Sponsorship does not apply to the following categories of noncitizens:

Refugees
Asylees, and
Persons paroled as “refugees”

Affidavits of Support

The I-134 affidavit, which was used prior to December 19, 1997, only required the sponsor to support the sponsored individual for three years from their date of entry. Noncitizens whose sponsor signed an I-134 “Affidavit of Support” are no longer subject to sponsor deeming rules. USCIS began using the revised “Affidavit of Support” (I-864 and I-864A) on

December 19, 1997. The I-864 or I-864A is a legally binding contract which a sponsor has executed on behalf of a noncitizen as a condition of the noncitizen’s entry or admission into the U.S. If the sponsor signed the I-864 or I-864A he/she is legally liable for the support of the noncitizen he/she sponsored until the noncitizen:

Achieves U.S. citizenship through naturalization; or
Has 40 qualifying quarters of work history; or
Dies; or
Is no longer a noncitizen lawfully admitted for permanent residence and leaves the U.S.

Sponsorship Deeming of Income/Resources

“Deeming” is the process used to determine available income and resources from the sponsor. Sponsorship deeming rules apply to the CalWORKs, CAPI, GA, and CalFresh programs.

Note: Each program’s rules for deeming are different including how long to deem, amount to deem and exceptions to deeming. Refer to the appropriate Program Handbook for the applicable rules.

Sponsored noncitizen “deeming” rules do not apply to:

RCA
Medi-Cal programs.

Policy

Sponsorship must be explored in the same way that all other aspects of eligibility are explored, such as income and property (you must ask). Carefully explore the circumstances under which the client entered the U.S. and whether they may or may not be sponsored. Applications shall not be approved until sponsorship is determined.

In the case of questionable sponsorship, a request can be sent through the SAVE system for validation. The sponsorship data can be obtained only through the secondary verification process. Inquiries must follow the normal secondary procedures with a specific request as to whether there is an affidavit of support on file for this person and if so, request a copy. Refer to the guidelines below to determine if sponsorship regulations apply.

Guidelines

If an applicant/recipient identifies themselves as a “noncitizen” on the Statement of Facts, the following guidelines will help to determine if the sponsorship regulations apply:

If the Noncitizen...	Then the EW...
Gives inconsistent or unclear information,	Must clarify the situation.
Continues to give conflicting information,	Requests secondary SAVE to obtain information regarding sponsorship if unable to clarify the situation with the client.
States they are not sponsored,	Assumes that there is no sponsor unless there is conflicting information.
Does not know if they have been sponsored,	Assumes that there is a sponsor and initiates secondary SAVE to determine sponsorship.
States they are sponsored and the sponsor is cooperating,	Applies the income and resource deeming regulations. Approves or denies as appropriate.
States they are sponsored and the sponsor refuses to cooperate,	Denies the application for the sponsored noncitizen(s). Remember that citizen children of sponsored noncitizens remain eligible; only the sponsored noncitizen(s) is ineligible.
States they are sponsored and have tried to get their sponsor to cooperate and have failed,	Denies the application for the sponsored noncitizen(s). Remember that citizen children of sponsored noncitizens remain eligible; only the sponsored noncitizen(s) is ineligible.

Documents

The sponsored noncitizen may or may not have in their possession an “Affidavit of Support”. The “Affidavit of Support” will be the I-134 if dated prior to 12/19/97 or the I-864 if dated after 12/19/97. Refer to Numbered Immigration Forms for different affidavit of support documents/forms.

Temporary Protected Status (TPS)

Definition

TPS is a noncitizen status granted temporarily to some nationals of certain foreign states. The designation of a foreign state is based on an ongoing armed conflict, natural disaster, or other extraordinary and temporary condition. Noncitizens who are nationals of such a state are prevented from safely returning. This status is granted only to those persons already in the U.S.

Rule

The granting of TPS status does not allow noncitizens to be considered Permanently Residing in the U.S. Under the Color of Law (PRUCOL). Therefore, there is no eligibility for public benefits. Noncitizens granted TPS are authorized to stay in the U.S. for a specified time and may not be deported during this period. They may be authorized to work. After the time period expires, either their status may be extended or they may be required to leave the country. Noncitizens granted TPS are not sponsored noncitizens.

Documents

At this time, no specific information is known about the documents the TPS person will have. They may have a copy of their “Application for TPS” (I-821). Since they are authorized to work, they could have an I-688B [X REF 16.11] but the provision of law for TPS is not known at this time.

Sponsored Noncitizen and Temporary Protected Status