Income and resources of the sponsor are deemed available to the
legal non-citizen. If the sponsor lives with his spouse, the spouse's income
and resources are also deemed available to the legal non-citizen. The income
and resources are deemed, even if the sponsor and spouse were married after the
sponsor signed the sponsorship agreement. The Department counts income and
resources deemed to the legal non-citizen toward Food Stamp eligibility and
issuance level of the legal non-citizen's household. (3-17-22)
01.
Battered Legal Non-Citizen Whose
Sponsor Signed an Affidavit of Support. For sponsor deeming, a battered
legal non-citizen includes the non-citizen and the child of the non-citizen.
The non-citizen or child must be battered in the U.S. by a
spouse, parent, or
member of the family in the same household. The noncitizen must not participate
in, or acquiesce to, the battering of the child. (3-17-22)
a. A battered legal non-citizen whose sponsor
signed an affidavit of support is exempt from the sponsor deeming requirement
for one (1) year, if the need for Food Stamps is connected to the battery and
the legal non-citizen no longer lives with the batterer. (3-17-22)
b. The exemption from the sponsor deeming
requirement can exceed more than one (1) year if the legal non-citizen
demonstrates the battery has been recognized in an order of a judge or by the
INS and the need for Food Stamps is connected to the battery.
(3-17-22)
02.
Indigent Legal Non-Citizen Whose Sponsor Signed an Affidavit of
Support. A non-citizen is indigent if the household income does not
exceed one-hundred thirty percent (130%) of the poverty income guideline (gross
income limit) for the household size. (3-17-22)
a. For an indigent non-citizen, the
Department counts the noncitizen's own income and the cash or in-kind income
and resources actually provided by the sponsor and spouse who signed an
affidavit of support. (3-17-22)
b.
A legal non-citizen that satisfies the indigent exemption criteria is exempt
from deeming for twelve (12) months. The exemption can be renewed for
additional twelve-month periods. (3-17-22)
c. If a legal non-citizen is granted an
indigence exemption, the department must provide written notification to the
Statistics Branch of the INS on an annual basis. Required information includes,
written notice of the determination, the sponsored legal non-citizen's name,
and the sponsor's name. (3-17-22)
d. A legal non-citizen can elect to decline
the indigent exemption to avoid sponsor liability, and notification to the INS.
(3-17-22)
e. If the legal
non-citizen declines the indigent exemption, the household is subject to
sponsored deeming. (3-17-22)
