Abused/Abandoned Sponsored Noncitizens

Definition of Sponsored Noncitizens

Sponsored noncitizens are lawful permanent residents (LPRs) who have been admitted into the United States because another person or group has agreed to support them. That individual or group is known as the noncitizen’s sponsor, and as such, have completed an affidavit of support substantiating that they have sufficient income and resources to meet the needs of the noncitizen.

Director’s Exception for Abused/Abandoned Sponsored Noncitizens

GA regulations require for the sponsor of the non-citizen to sign an “Agreement to Reimburse - Sponsor (SCD 355 S/A),” to repay any aid provided to the noncitizen during the period of time which the sponsor has agreed, in writing to provide for the noncitizen.

However, to protect the confidentiality of an applicant or recipient being abused/abandoned by the sponsor, this requirement does not apply to sponsored cases under this category.

The Eligibility Worker must NOT:

Request a signed Agreement to Reimburse - Sponsor (SCD 355 S/A).
Apply income deeming rules
Refer the sponsored case to Collections. The total obligation from the sponsor and sponsor’s spouse is canceled.

Note: Abused/abandonment information must be entered in the appropriate CalSAWS fields and documented thoroughly in a Journal Entry.

Eligibility

To be eligible for Director’s Exception, the abused/abandoned sponsored noncitizen must meet the following requirements:

There must be supporting documentation of sponsor abuse or abandonment.
The noncitizen must no longer reside with the abusive sponsor.

Affidavit of Support

Applicants/recipients must provide supporting verification that the abused/abandonment was caused by the sponsor(s), before Director’s Exception is explored. Refer to Citizens /Noncitizens chapter.

Verification of Abuse or Abandonment

Supporting documentation of abuse or abandonment must be provided, which may include the following:

Police, government agency or court records or files.
Documentation from a domestic abuse program.
Documentation from legal, clerical, medical or other professional from whom the client has sought assistance in dealing with the abuse.
Physical evidence of abuse.
A report from APS indicating there is abuse.

Note: A sworn statement from the client will NOT suffice. Additional verification must also be provided along with the client’s statement.

Reminder: If a dependent adult/elder person is applying on the basis of abusive sponsor and/or sponsor’s spouse, a referral to APS is MANDATORY.

Verification of abandonment may be demonstrated by an applicant/recipient Sworn Statement (SCD 101) and a Collateral Contact Affidavit (SCD 193) from an acceptable source such as, migrant service agencies, landlords, community partners and neighbors.

Residing with the Sponsor

The sponsored noncitizen must no longer reside with the sponsor. The EW must determine that the client is no longer living with the sponsor or in one of the sponsor’s properties.

If client is unable to provide the sponsor address or his/her other real properties, follow the steps provided in the “Citizens/Noncitizens” chapter. A rental or lease agreement with the owner’s name may also be provided to prove the client is not living with the sponsor.

Mandatory Referral

All Social Services Agency employees are mandated by law to report instances of physical abuse of dependent and elder adults.

EWs must refer the abused or abandoned elder or dependent sponsored noncitizen adults to Adult Protective Services by calling (408) 975-4900 or 1-800-414-2002 or submitting the “Report of Suspected Dependent Adult/Elder Abuse” (SOC 341).

Reminder: The sponsored noncitizen may call the National Domestic Violence Hotline at 1-800-799-7233 for more information or the local legal aid office or an immigration attorney. Santa Clara County’s Domestic Violence Crisis Line is (408) 279-2962 and the Elder Abuse Hotline number is 1-800-414-2002.

Definition of Dependent Adult or Elder

The term “dependent adult” means any person between the ages of 18 and 64 who has physical or mental limitations which restrict his or her ability to carry out normal activities or to protect his or her rights. “Elder” means a person 65 years or older.

The client may provide doctor’s verification or the “GA Request for Medical Verification” (SCD 1400) to establish his or her physical or mental limitations.