Sponsored Noncitizens

Definition

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

In addition to the mandatory verification requirements for noncitizens, there are specific procedures which must be followed for sponsored noncitizens.

The sponsored noncitizen individual is responsible for:

  • Obtaining the cooperation of their sponsor.
  • Providing the names of all other noncitizens that their sponsor agreed to support.
  • Reporting changes in any of the circumstances related to their sponsor’s, or to their sponsor’s spouse, (i.e., loss of their job or their death).
  • Reporting the number of dependents who their sponsor or their sponsor’s spouse claim as dependents.

The procedures below MUST be used for determining initial and continuing eligibility for sponsored noncitizens.

Affidavits of Support

The “Affidavit of Support” (I-134), was used prior to prior to December 19, 1997, and required that the sponsor support the noncitizen individual for a period of three years, from the noncitizen’s date of entry into the United States. The sponsor income/resource deeming rules no longer apply to noncitizens whose sponsor signed the I-134. [Refer to "Numbered Immigration Forms" in the Common Place HB].

Effective December 19, 1997, the USCIS began using the revised "Affidavit of Support" (I-864 and I-864A). This affidavit is legally enforceable. Sponsors of noncitizens who signed the I-864 or I-864A after December 19, 1997, are responsible for the noncitizen individual that they have agreed to sponsored UNTIL the noncitizen:

  • Has 40 Qualifying Quarters of Work History; or
  • Becomes a United States Citizen; or
  • Leaves the United States; or
  • Dies.

NOTE: For purposes of the GA Program ONLY, sponsored noncitizens with the revised “Affidavit of Support” I-864 are subject to THREE (3) years sponsored income/resource deeming rules, INSTEAD of the longer Federal requirement. After three years, only the Sponsorship rule of deeming the income and resource ceases. The obligation to support the client does NOT cease as stated in the signed Affidavit of Support and the SCD 355 S/A. The sponsor(s) are obligated to support the immigrant(s) in which they have agreed in writing to support. 

Reminder: Eligibility for GA CANNOT be determined until the ability of the sponsor to support the noncitizen has been examined. Refer to Sponsor Requirements GA Policy [114],. If the client is unable to provide the affidavit of support, refer to Client Unable to Provide Information.

Sponsored Noncitizen Requirements Do NOT Apply 

DO NOT apply sponsored noncitizen requirements to a GA applicant/recipient if the noncitizen falls into one of the following categories:

  • The “Affidavit of Support” I-134 was signed before 12/19/1997. The three year sponsorship income/resource deeming requirement rules have ended. 
  • The agency or organization that originally sponsored the noncitizen is no longer in existence. 
  • The sponsor is deceased. Verification of the sponsor’s death will be required only if the information appears to be questionable. In the absence of evidence to the contrary, the noncitizen’s statement is to be accepted. 

Reminder: Verifications must be obtained before a client can be exempt from sponsorship requirements.

Additionally, sponsored noncitizen procedures DO NOT apply if the noncitizen is a:

  • Refugee
  • Cuban-Haitian entrant
  • Parolee, or
  • Asylee Refer to “Citizenship,” for descriptions of the above categories.

Reminder: If the noncitizen did not enter the country as one of the above, the individual’s sponsorship status must be thoroughly explored.

Sponsored Noncitizen’s Responsibility

GA must not be approved prior to the 45th day following the application date for any sponsored noncitizen applicant, UNLESS the requirements contained in this section are met. The EW must add a Case Flag for 44 days from the date of the request to ensure that action is taken within the required time frames. If the requirements have not been met by the 45th day, the application will be denied or benefits will be discontinued.

Note: In cases of extreme hardship, the GA SSPM has the ability to waive the forty-five (45) calendar day requirement and authorize the issuance of payment prior to that date.

Control Sheet

In order to ensure that all sponsored noncitizen requirements have been met, a “Sponsored Non-Citizen Control Sheet” (GA 60) must be completed by the EW for each sponsored noncitizen client. A copy is to be scanned to Imaging.

Agreement to Reimburse - Sponsor (SCD 355-S/A) - Policy GA 130

The completed SCD 355 S/A is recorded by the Office of the County Clerk-Recorder and is intended to ensure repayment of aid. It creates a lien against all current and future real property for which the signer or co-signer (sponsor(s)) of the form holds title in Santa Clara County.

The recorded SCD 355 S/A becomes public record so it must be completed in English or have an English translation attached. Refer to Basic Document Requirements - Office of the County Clerk-Recorder - County of Santa Clara (sccgov.org).  

If other persons have an interest in the real property, the worker must make every effort to obtain their signature(s) on the form as well. This information shall be clearly documented in a CalSAWS Journal Entry.

Note: If the sponsor(s) has property in a county other than Santa Clara, the SCD 355 S/A must be filed in the other county to create a lien on that property. Follow normal filing procedures. Public Assistance Collections will do the processing with the other county.

Requirement for a new SCD 355 S/A

A new SCD 355 S/A is required under ALL of the following circumstances:

  • The signer acquires real property.
  • The signer has changed marital status.
  • The signer has changed their legal name or Social Security number.
  • The previous form has been released by the Collections Unit and a copy of the Release Memo has been imaged.

  • Note: Collections scans the Release Memo and/or the Demand Letter to Imaging; therefore, it is necessary to verify with Collections that the Release Memo and/or Demand letter was sent after the case was last closed.

    If there is a “Recorded” copy of the R/A that has been imaged or, if one has been sent for recording within the previous six months, a new R/A is not required, provided that none of the circumstances listed above have occurred. A case flag shall be added in CalSAWS for the sixth month to monitor the return of the recorded reimbursement agreement. 

 

[Refer to "Sponsored Noncitizens" in the DEBS BP].

Processing Time Frames

A sponsored noncitizen GA application may remain in a pending status for up to forty-five (45) calendar days, from the date that the "Application for General Assistance" (GA 1) was signed, while awaiting any necessary verifications. 

Sponsored Noncitizen Families

Refer to Director’s Exception chapter.

Abused/Abandoned Sponsored Noncitizens

Refer to Director’s Exception chapter.

Related Topics

Citizens/Noncitizens

Policies

Citizenship

Noncitizen Status

Noncitizen Status Verification

Deeming of Sponsor's Income and Resources