Department of Human Services: Chapter 7: Section 7.7.4 thru 7.7.7

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IMA POLICY MANUAL
PART IV: NON-FINANCIAL ELIGIBILITY REQUIREMENTS

Determining if an Immigrant’s Sponsor Signed a Binding Affidavit 7.7.4

ALL

Persons requesting Federally-funded means-tested benefits for immigrants are expected to cooperate in determining if the immigrant has a sponsor who is legally bound to provide support. Applicants who indicate in their applications and/or on their Immigration and Citizenship Initial Declaration Form that their household includes an LPR for whom they want assistance should complete a “Declaration of Sponsorship” (see Exhibit IV-10). The Declaration of Sponsorship poses a series of questions that should lead to a determination of whether the LPR has a sponsor who signed a legally binding I-864 Affidavit. If the applicant provides incomplete or questionable information about the sponsorship of a non-exempt LPR granted status on or after December 19,1997, IMA must request verification of sponsorship status from INS.

Verifying Whether an Immigrant Has a Sponsor who Signed a Binding Affidavit 7.7.5

IMA must ask INS to verify sponsorship of an LPR when:

the immigrant’s LPR status was granted on or after December 19, 1997,
no sponsor was declared,
the LPR has no evidence of converting from a immigration status, such as refugee, exempt from sponsor deeming rules, and
the LPR does not qualify for any exception to sponsor deeming.

Requests to verify whether an immigrant has a sponsor who signed an I-864 Affidavit must be submitted to INS on INS Forms G-845 and G-845 Supplement (see Exhibits IV-6 and IV-7 at the end of this chapter). Pending verification from INS, IMA cannot delay, deny, reduce, or terminate the LPR’s benefits based on the LPR’s immigration status.

Sponsor Liability 7.7.6

ALL

Sponsors who signed legally binding I-864 Affidavits are liable for the value of the means-tested benefits received by the sponsored immigrant, if those benefits were received during the period of time that the affidavit of support is in effect.

An affidavit of support remains in effect until:

the sponsored immigrant becomes a naturalized citizen,
the sponsored immigrant can be credited with 40 qualifying quarters of work,
the sponsored immigrant permanently leaves the U.S., or
the sponsor or sponsored immigrant dies.

IMA must request reimbursement from sponsors who have signed I-864 Affidavits for the value of any benefits received by the sponsored immigrant during the period the affidavit is in effect. It is not required to pursue legal action, however, if the amount of the liability is not paid.

IMA must notify households that contain immigrants who are subject to deeming that the sponsored immigrant’s sponsor may be liable for the amount of benefits the sponsored immigrant receives while the affidavit of support is in effect.

IMA cannot request reimbursement from the sponsor for any period that the sponsor received food stamps. If the sponsor stops receiving food stamps, the sponsor is still not liable for the benefits received by the sponsored immigrant during the period the sponsor also received food stamps.

Requirement to Report Information on Indigent Immigrants 7.7.7

ALL

IMA must notify the U.S. Attorney General if a sponsored immigrant is approved for federal means-tested benefits because s/he was determined to be indigent. IMA must provide the names and addresses of the sponsored immigrant and his or her sponsor to the INS Statistics Branch.

IMA must notify households that include sponsored immigrants that the names and addresses of the sponsored immigrants and their sponsors will be provided to the U.S. Attorney General.

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